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| Jenis | : |
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| Judul | : |
TINJAUAN YURIDIS HAK IMUNITAS ADVOKAT DALAM PROSES PERADILAN TINDAK PIDANA KORUPSI (Studi Putusan nomor : 84/PID.SUS-TPK/2023/PN JKT.PST)
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| Subjek | : |
Criminal law
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| Pengarang | : |
Muhammad Rezki Bayuaji
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| Pembimbing | : |
Agus Raharjo,
Budiyono
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
345.023 23 BAY t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The advocate's immunity right is the advocate's freedom to do or not do every action
and issue or not issue opinions, information or documents to anyone in carrying
out his professional duties, so that he cannot be punished (criminal or civil), As a
consequence of the implementation of his professional duties, the advocate's
immunity right is regulated in Article 16 of Law Number 18 of 2003 concerning
Advocates, which was expanded by the Constitutional Court Decision Number
26/PUU-XI/2013. This research analyzes the regulations related to the limits of
advocates' immunity rights in corruption trials in Indonesia and analyzes what
supporting factors are considered by judges in deciding whether the immunity
rights status is valid or invalid, with a case study of Decision Number: 84/PID.SUS-
TPK/2023/PN JKT.PST. This research uses normative juridical research methods
with descriptive analytical research specifications. Based on the results of the
research, advocates' immunity rights only apply if advocates act in good faith. This
case study reveals that advocates who violate the principle of good faith may be
subject to criminal sanctions, as stipulated in Articles 21 and 22 of Law Number 31
Year 1999 on the Eradication of Corruption. In conclusion, the application of
advocates' immunity rights must always pay attention to legal boundaries and
professional ethics. In Decision Number 84/PID.SUS-TPK/2023/PN JKT.PST. the
defendant was not found to have the right to immunity.
Keywords : Immunity rights; advocate; criminal offense; corruption.
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