The Implementation of Advocate Immunity Rights in the Criminal Offense of Obstruction f Justice

Abstract

Introduction: During the course of law enforcement, advocates may encounter interventions and face alleged threats and obstruction processes while defending their clients. This is addressed in Article 16 of the Advocates Law and Constitutional Court Decision No. 26/PUU-XI/2013. However, it is important to note that advocates can forfeit this right if they engage in the criminal offense of Obstruction of Justice. Objective: This research aims to explain how an attorney's immunity rights can be forfeited when they engage in the criminal offense of Obstruction of Justice. Method: This research employs a method commonly used in legal academia, focusing on statutory law and conceptual analysis. Results and Discussion: Understanding the importance of immunity rights is crucial for advocates as they carry out their profession. However, it is essential to be aware of the specific conditions that come with the use of these rights. Research Implications: The rules can be found in Article 16 of the Advocate Law. If advocates do not act in good faith and their actions are unrelated to their professional duties, they may be prone to committing acts of obstruction of justice. When fulfilling professional obligations, an advocate must prioritize the client's defense and act accordingly. In Article 16, the concept of good faith entails the fulfillment of professional responsibilities intending to promote justice and safeguard the client's interests following the law.