Legal Liability of Advocates in Legal Services Contracts

The main role of an advocate is to help clients get a fair legal process. This role gives birth to high expectations of advocates so that clients give full confidence to advocates to represent their interests. But in practice, it is not uncommon for advocates to abuse the trust given by their clients. As recorded in the 2019 PERADI annual report which shows that advocates reported by their clients to the PERADI Honorary Board are increasing. Avocados do have immunity rights as regulated in Article 16 of Law No. 18 of 2003 concerning Advocates jo. the decision of the Constitutional Court through decision No. 26/PUU-XI/2013. But of course, advocates cannot always protect their immune rights, especially if advocates violate the law and harm the interests of their clients. This study aims to analyze the legal responsibilities of lawyers who violate the law while carrying out their profession and are bound in a legal services contract. This research is normative legal research. The approach used in this research is the conceptual approach, the legislation approach, and the case approach. This research concludes that even though law violations were carried out by lawyers while carrying out their profession and based on a contract, advocates remain responsible, both civil and criminal. While the right to immunity can only be used as a basis for legal protection when advocates in good faith in defending the interests of their clients.


INTRODUCTION
Advocates are one of the four pillars of law enforcement in Indonesia. The existence of advocates who are outside the executive and judiciary is expected to be able to bring the court to the process of law enforcement that is free and impartial (fair trial). Law No. 18 of 2003 concerning Advocates (from now on referred to as the Advocate Law) has given authority to advocates to be able to represent the community in seeking justice. The urgency of this power of attorney is necessary because generally the public does not understand the existing legal rules, and does not understand how the court proceedings. This role puts advocates as legal advisors as well as representing the community in dealing with issues related to law. Regarding this matter, Soerjono Soekanto said that advocates will always be considered as a role model by the wider community. 1

Legal Liability of Advocates in Legal Services Contracts
But in practice, advocates are better known as case brokers who stand between their clients and other law enforcement officials, namely judges, prosecutors, and police in the sale and purchase of justice transactions. Advocates who are supposed to play a consistent role in bridging the interests of the community in seeking justice, instead of abuse the authority given to them.
The consequences of abuse of authority by law enforcement officials can automatically disrupt the law enforcement process carried out. 2 If an advocate does this, then the primary function of an advocate as a law enforcer in defending the legal interests of his clients will be blurred. On the one hand, potential advocates make a blind defense by doing both legal and illegal means, while on the other hand, advocates can harm the interests of their clients. 3 Based on the annual report of the Indonesian Advocates Association (PERADI) in 2019, advocates reported by their clients to the PERADI Honorary Board are increasing.
Some advocates were even fired from membership in professional organizations. 4 Disputes between advocates and their clients are also not enough in the realm of ethics, some of which even go to court. Their clients sued advocates with the initials LS and FR in the South Jakarta District Court for withdrawing the lawsuit without the knowledge of their clients. The client did not even sue the city but also reported LS and FR to North Jakarta Police. 5 While in Gresik, an advocate was reported to the Gresik Regional Police on suspicion of fraud against his client. 6 The above case at least gives a little picture of the existence of advocates who do not carry out their obligations but instead harm their clients. The practice of distorting trust by advocates may be more than what is revealed to the surface. This happens because the supervision of the advocate profession is less effective and often inconsistent. Especially at this time in the internal advocate profession itself, there has been a split with the formation of several professional organizations, each of which claims to be the party authorized to carry out the mandate of the advocate law.
The advocate profession is one of the most controversial types of professions. This situation does not only occur in developing countries but also developed countries. 7 Today many advocates lose their idealism and high moral ethics because they are controlled and 2 Ali, Achmad. (2002). Menguak Tabir Hukum: Suatu Kajian Filosofis dan Sosiologis. Jakarta: Gunung Agung, p. 238 3 Hasibuan, Otto. (2008, November 5

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Legal Liability of Advocates in Legal Services Contracts influenced by economic interests alone. 8 So that the image of advocates who had been seen as officium nobile (noble profession) shifted to officium rotten (rotten business).
Article 16 of the Advocate Law states that lawyers cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith in the interests of the client's defense in court proceedings. The Constitutional Court has even extended the formulation of this article through decision No. 26/PUU-XI/2013 so that the advocacy immunity right not only applies when in court but also when outside the court. However, of course, advocates cannot always protect their immune rights, especially when advocates violate the law and harm the interests of their clients. Moving on from the above description, this study focuses on analyzing the legal responsibilities of lawyers who violate the law while carrying out their profession and are bound by an authorized service contract.

METHODS
This research is normative legal research. The study was conducted to analyze the legal responsibilities of lawyers in legal service contracts. The approach used in this research is the conceptual approach, the legislation approach, and the case approach. While the licensed material used is mainly the Law and scientific works in the form of journals, books, papers, and legal writings in other forms relating to the problem.

A. Roles and Responsibilities of Advocates Towards Clients
An Advocate is someone who has fulfilled the requirements based on the provisions of the Advocate Law, has the profession of providing legal services to the public, both litigation, and non-litigation, and is either done by getting an honorarium or is done for free (prodeo). 9 Advocates are also law enforcers that are on par with other law enforcement agencies, namely the police, prosecutors, and judges. This is stated expressly in article 5 paragraph (1) of the Advocate Law, which states that advocates are law enforcement, free and independent, guaranteed by laws and regulations.
Advocates are the only independent law enforcement agencies and are not bound by state institutions. Therefore advocates can work and carry out their profession freely and independently in defending the interests of their clients. The legal relationship that exists between advocates and their clients is based on contractual relationships in the form of legal services contracts. Article 1 number 2 of the Advocate Law states that legal services are services provided by lawyers in the way of providing legal consultation, legal assistance, exercising power, representing, assisting, defending, and carrying out Legal Liability of Advocates in Legal Services Contracts other legal actions for the legitimate interests of clients. The legal services mentioned in this formulation show how broad the authority given to advocates, that is not only accompanying clients in the realm of criminal law but can also represent clients in the sphere of civil law. Advocates also have the authority to represent the interests of their clients in both litigation and non-litigation matters.
The authority of advocates in providing legal services is indeed based on a power of attorney given by the client because a power of attorney is the legality of an advocate in representing or accompanying his client. Typically, a power of attorney is made after the advocate and client agree on a legal service contract, which regulates the rights and obligations of the advocate and his client. Legal service contracts as contracts are generally based on the provisions of article 1313 and article 1320 Burgerlijk Wetboek (in the future referred to as BW). A contract or agreement is a legal event in which a person promises to another person or two people promise each other to do or not do something. 10 With a contract, the parties can create a legal relationship consisting of one or more obligations. 11 The main role of an advocate is to help his client to get a fair legal process (due process of law). 12 This role gives birth to responsibilities and high expectations of advocates, so that clients give full trust (trust & confidence) to advocates to represent their interests. If related to the client's interests, there are two theories that show the role and responsibilities of advocates, viz: 13 1. The theory of protection of a person who cannot protect himself;

Trust & confidence.
According to the theory of protection of people who can not protect themselves, that the client must be protected because the client is a person who can not defend himself due to lack of information and legal knowledge, and lack of expertise in the field of law due to fairly complex legal rules. Meanwhile, according to the theory of trust (trust & confidence), an advocate has been fully trusted by his client to provide legal services to him, and it is believed that advocates will provide the best legal services for the benefit of their clients.
Referring to the opinion, it can be concluded that a client is no more than a weak person legally, so to protect oneself, one must need others to defend it, especially when dealing with legal issues. This is due to the lack of understanding of the problem being faced, also lacks the capacity and ability to solve it correctly and adequately. Therefore, most people who are facing legal issues have a tendency to give up their solutions to 10 Miru, Ahmadi. (2013). Hukum Kontrak Bernuansa Islam. Jakarta: PT. Raja Grafindo Persada, pp. 6 -7. 11

Legal Liability of Advocates in Legal Services Contracts
advocates who are considered to be experts in the field of law and can be trusted. The same thing is done when a person submits the problem of his illness to a doctor, which will be provided entirely matters relating to health and even lives because of trust in the expertise of doctors.
Once the amount of trust given by the client, then the interests of the client become something that must be prioritized by the Advocate. As a person who has been given full trust by his client, then the advocate should not ignore the interests of the client. 14 In the general provisions of the Advocate Law, it has explicitly stated that the duties and obligations of an Advocate are to provide legal services in the form of legal consultation, legal assistance, exercising power, representing, assisting, defending, and carrying out other legal actions for the client's legitimate interests. Thus, actions contrary to their duties and obligations can be considered as unlawful acts.
In practice, there are three forms of law violations committed by advocates against their clients, namely violating legal services contracts that have been mutually agreed upon, committing fraud or embezzlement of their clients, and committing criminal acts of corruption. These three forms of violation certainly conflict with the legal obligations of advocates against their clients. Advocates not only harm clients' interests but also disadvantage clients materially.
When an advocate violates the law against his client, the advocate cannot protect his immunity rights because the right to immunity is given if an advocate defends the interests of his clients in good faith. Advocates who are detrimental to the attention of their clients indeed cannot be said to have good intentions. So that advocates who violate the interests of their clients or harm their clients can be held liable, both civil and criminal.

B. Civil Advocate's Legal Liability
Some legal experts use the term civil liability as a liability. This is based on the term claim in the field of public law that uses the term lawsuit. The person who filed the complaint was called the plaintiff, while the person who was prosecuted was called the defendant. The trial in the field of civil law is a lawsuit for compensation, both material and immaterial damages.
Black's Law Dictionary defines a lawsuit as to any proceeding by a party or parties against another in a court of law. 15 The lawsuit is also interpreted as encompassing any proceedings in a court of justice by which an individual pursues that remedy. While the purpose of the trial is to obtain something to which he has a right. 16

Legal Liability of Advocates in Legal Services Contracts
In general, the reasons underlying the claim in a contract dispute are breach of contract and violation of the terms of the contract validity. The word default is derived from the Dutch language which means poor performance. 17 The lawsuit is also interpreted as encompassing any proceedings in a court of justice by which an individual pursues that remedy. While the purpose of the trial is to obtain something to which he has a right. 18 Debtors are said to default if they do not fulfill their obligations, or violate an agreed contract. If an advocate is proven default, then he is burdened with the obligation to compensate the losses suffered by his client. This is regulated in Article 1239 BW which formulates, each engagement to do something, or not to do something, must be resolved by providing reimbursement of costs, losses and interest, if the debtor does not fulfill his obligations.

C. Criminal Law Liability
Advocates do have the right to receive honoraria from clients. 26 Honorarium is a reward for legal services received by an advocate based on an agreement with the client. 27 However, from the 2019 PERADI Annual Report, it was found that there were advocates reported by his client for fraud and embezzlement. 28 Some advocates are reported to have received money from clients as honoraria to resolve legal issues that are being faced by clients. However, for months the advocate did not also solve the legal problems facing his client. Even in some cases, the advocate can no longer be contacted by his client. For this reason, the client then contains a report reporting his advocate to the authorities using the article fraud and embezzlement as provided for in articles 378 and 372 of the Criminal Code.
The provisions of article 378 of the Criminal Code stipulate that anyone who intends to benefit himself or others by opposing rights, either by using a false name or false circumstances, both with reason and deception or with fabrications of incorrect words, persuades people to give something, making debts or writing off receivables, convicted of fraud, with a prison sentence of up to four years.
The crime formulated in article 378 of the Criminal Code is called fraud. An advocate may be subject to this article if it is proven to deceive his client. Advocates who declare to their clients as if they know other law enforcers, 29 And promising to win the case as long as his client gives a certain amount of money, but then it turns out that what was promised did not happen, then it is included in the element of fraud.

Legal Liability of Advocates in Legal Services Contracts
While the crime formulated in article 372 of the Criminal Code is called embezzlement, the formulation of section 372 of the Criminal Code states that whoever deliberately has the right to oppose the right to something which in whole or part belongs to someone else and the goods are in his hands not for crime, convicted of embezzlement, with a maximum of four years imprisonment or a maximum fine of up to four years Rp. 900 -.
An advocate may be subject to the provisions of article embezzlement if it is proven to embezzle goods or money belonging to his client, which is entrusted or entrusted to him. For example, an advocate receives money from his client, which is intended as the cost of filing an execution for the benefit of the client to the Court. Still, it turns out the money is used for personal advocacy and is not used to submit an implementation to the Court; the advocate's actions have fulfilled the embezzlement element. Corruption bribing the lawyer stipulated in article 6 paragraph (1) letter b formulate, that is liable to a term of imprisonment of 3 (three) years and a maximum of 15 (fifteen) 32 Adji, Oemar Seno. (1984). Herziening Ganti Rugi, Suap, Perkembangan Delik. Jakarta: Erlangga, p. 167. year and a fine of at least Rp. 150,000,000.00 (one hundred fifty million rupiahs) and a maximum of Rp. 750,000,000.00 (seven hundred fifty million rupiah) for each person who: "Gives or promises something to someone who according to the provisions of the law is determined to be an advocate to attend court proceedings with a view to influencing the advice or opinion to be given in connection with cases submitted to the court for trial." The criminal act of corruption advocates accepting bribes is regulated in two different articles, and firstly, it is regulated in article 6 paragraph (2), which formulates that: "the same as referred to in subsection (1)". Whereas the second corruption act regulated in article 12 letter d, which expresses that is sentenced to life imprisonment or imprisonment for a minimum of 4 (four) years and a maximum of 20 (twenty) years and a minimum fine of Rp. 200,000,000.00 (two hundred million rupiahs) and a maximum of Rp. 1,000,000,000.00 (one billion rupiah): "Someone who according to the provisions of the legislation is determined to be an advocate to attend a court hearing, accept a gift or promise, even though it is known or reasonably suspected that the present or pledge is to influence the advice or opinion that will be given, in connection with cases submitted to the court for trial." Advice or opinions in the provision of criminal acts of corruption on advocates are advice or ideas for the interests of their clients, whether given outside the court hearing or in a court hearing. 33 Thus, if an advocate is proven to accept bribes -for example from opponents of his clients -to the detriment of the interests of his own clients, then it has fulfilled the element of corruption.

CONCLUSION
Advocates should defend the interests of their clients as agreed in the legal services contract. If an advocate does not carry out his obligations contained in a legal services contract, the advocate is civilly responsible. Likewise, when advocates violate criminal law, advocates are criminally accountable. Although the violation of the law was carried out by lawyers while carrying out their profession and based on a contract. Whereas the right to immunity can only be used as a basis for legal protection when advocates have a good intention in defending the interests of their clients.