The Definition of Advocate
The term advocate had actually been known since Roman times whose position was called officium nobile advocate (a noble profession). It devotes itself to the interests of society, as well as its obligation to uphold human rights. Moving in the dadu online moral field in helping people without expecting honorariums.
Another translation states that advocate is meant as advice. An advocate can be called a legal advisor because of his work in the court as an advisor. The term legal counsel / legal aid and advocate/lawyer is an appropriate term with its function as a companion to the suspect/defendant or plaintiff.
By the definition, the advocate is divided into two terms, they are a lawyer and a legal consultant. A lawyer is a person who helps both the plaintiff and the defendant and is appointed by certain High Court and the boundaries of their duties are only allowed within the jurisdiction of the High Court.
Whereas a legal consultant is someone who does not need to have a license to practice as an advocate or lawyer. But he must have sufficient knowledge about dispute resolution in the legal field. However, both legal consultants and lawyers basically have the same functions, roles, and responsibilities.
The Duties and Roles of an Advocate
The implementation of law in society is very dependent on the legal awareness of a society because it is the subject of law. In addition to depending on the legal awareness of the community. It also depends and is very much determined by the implementation of law enforcement by the authorities.
Therefore, many legal regulations cannot be implemented properly because law enforcement officers do not have enough understanding in carrying out their duties and responsibilities.
The duties and responsibilities of an advocate and must be considered in handling a case such as:
- Uphold the professional code of ethics
- Guiding and protecting his clients from worldly disasters in order to find truth and justice that satisfy all parties, in accordance with legal, moral and religious values
- Assist in creating a simple, fast and low-cost court process, as well as a final case settlement
- Respect judicial institutions and judicial processes in accordance with legal, religious and moral norms
- Protect his client from the wrongdoing of other parties and protect him from doing wrong to other parties
- Upholding the mandate given by his client with full responsibility both to his client, self, law, and morals, and to God Almighty
- Provide periodic reports and explanations to his clients regarding the tasks entrusted to him
- Avoiding various forms of covert extortion of clients
- Be sympathetic and share the feelings of the client, even prioritizing the interests of his clients over his personal interests
- Between legal counsel or advocates with their clients must be established a relationship of mutual trust and trustworthy so as not to harm each other
- Carry out professional duties as a legal service provider acting honestly, fairly and responsibly based on law and justice
- Advocates are also obliged to provide free legal assistance to poor clients
The Analysis of the Role of Advocates in Law Enforcement
Law enforcement in the broadest sense includes activities to implement and apply the law. And also take legal action in order to give justice to any legal cases both through arbitration and judicial procedures and much more.
In fact, in a broader sense, law enforcement activities include all activities that are intended. So that the law as a normative tool that regulates and binds the legal subjects in all aspects of community. It makes state life is truly obeyed and actually carried out properly.
Shortly, law enforcement aims to enforce justice for any cases, deviations, and violations. Particularly through the process of the criminal justice process which also involves prosecutors, police officers, attorneys, and judicial department.
Basically, law enforcement can be carried out correctly and fairly if there is a support from the community. And Also the related elements which are mutually sustainable to uphold the goal and objectives of the law itself.
From law enforcement, they must meet formal and material requirements. The formal terms determine whether a legal representative is valid. While the material conditions describe what the attorney does is really the will of his client. If there is a difference between a formal party and a material party, then the material party win which is the client, as an interested party.