scholarly journals Code of Ethics and the Role of Advocates in Providing Legal Aid to the Poor

2020 ◽  
Vol 1 (2) ◽  
pp. 259-274
Author(s):  
Muten Nuna ◽  
Dince Aisa Kodai ◽  
Roy Marthen Moonti
Keyword(s):  
Law Enforcement ◽  
Code Of Ethics ◽  
Law Enforcement Officers ◽  
Legal Aid ◽  
Applicable Law ◽  
The Status ◽  
Political Intervention ◽  
Community Trust ◽  
The Law

Law No. 18 of 2003 concerning Advocates emphasizes the status of Advocates as one of the law enforcers who have roles and functions that are equal to the Police, Prosecutor's Office and Judicial Power as law enforcement officers, but there is specialness given by the law to lawyers, namely the independence of advocates in carrying out their duties and profession. The independence of advocates aims to support the implementation of a justice system that is free from power and political intervention in law enforcement, and with that independence the Advocate Profession is said to be a very noble profession (offiicium nobile). As a noble profession, of course, advocates are bound by ethical values ​​that become the guidelines in the implementation of their duties and authorities, where those values ​​are posited as a Professional Code of Ethics. Talking about advocates, of course it cannot be separated from law enforcement, talking about law certainly cannot be separated from the state system or the political colors of certain countries and so on. This article wants to explain how the code of ethics of the advocate profession in upholding the law is how the role of advocates in providing justice to society based on applicable law. In conclusion, this article wants to explain that the code of ethics can compensate for the negative aspects of the profession and with the existence of a code of ethics, community trust in a profession can be strengthened, because every client has the assurance that his interests will be guaranteed, and the implementation of legal aid must be in line with the breath that becomes the goal is protection human rights and ideals of justice.

scholarly journals Current stage of Russian advocacy development

2021 ◽  
pp. 27-36
Author(s):  
S. I. Volodina
Keyword(s):  
Mental Health ◽  
Professional Development ◽  
Law Enforcement ◽  
Legal Profession ◽  
Negative Consequences ◽  
Legal Aid ◽  
The Status ◽  
Standards Of Proof ◽  
Current Stage

The paper considers the present time status of the Russian advocacy, the progress in digitalization of the legal profession and plans for the future development, as well as advocacy’s challenging issues and solu- tions. The article reviews criteria for division of advocacy’s challenging issues. The paper refers to the creation of a commemorative medal in honor of the 30th anniversary of the FSAR (Russian Federal Lawyers Union).The role in the integration of the legal profession of the famous attorney and the former head of the department of advocacy of the Kutafi n Moscow State Law University (MSAL) A. V. Kligman, in whose honor the medal was created, is described. Also, the article highlights the “Pashayev eff ect” as the legal profession antihero and shows the negative consequences to which his behavior led. Moreover, attention is paid to the Concept of the development of the legal aid market and the tasks of the legal profession. Besides topics discovered, the Author analyzes the problems of protecting the professional rights of attorneys, the example of violation of the rights is provided by the case of attorney Diana Tsipinova in 2020 and the advocacy’s attempts to achieve a positive result. The problem of creating a specialized advocacy is revealed. The question of the mandatory internship for the purpose to acquire the status of an attorney is discussed. Defenсe standards and Standards of proof are observed. An example of the successful practice in the fi eld of people’s mental health of attorney Y. L. Ershov and his role in changing the law enforcement in mentioned area is given. The role of professional development of advocacy is shown.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

scholarly journals BANTUAN HUKUM YANG IDEAL BAGI MASYARAKAT TIDAK MAMPU

2018 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
DADANG SUPRIYATNA
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Research Method ◽  
Social Aspects ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Status ◽  
Important Position ◽  
The Right

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocate’s respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacher’s Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.

scholarly journals The Role of Judges in Dealing with Community Development

2020 ◽  
Vol 2 (2) ◽  
pp. 195
Author(s):  
Maulana Hasanudin
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Legal System ◽  
Law Enforcement Officers ◽  
The State ◽  
Judicial Power ◽  
The Law ◽  
Law And Justice ◽  
Important Structure

<p>The purpose of this paper is to determine the role of the judge in facing the development of society. Judges are part of the important structure of the judicial power branch in Indonesia. Judicial power is an independent power to administer justice in order to uphold law and justice. Judges are given the power to judge. Judges have an important role as law enforcement officers in the law enforcement process in Indonesia, so they must pay attention to legal objectives. The role of the judge has consequences for the responsibility of the judge which is very heavy, where the judge has responsibility to one God, to the nation and state, to himself, to the law, to the parties and to society. Judges and society are elements that cannot be separated in a legal system. The judge is a product of the society and culture where he comes from and is. The function of the judiciary is to decide disputes between individuals and individuals, individuals and communities, even individuals or society and the state; forming or making a policy or policy.</p><p align="center">[]</p><p><em>Tujuan penulisan ini adalah mengetahui peranan peranan hakim dalam menghadapi perkembangan masyarakat. Hakim merupakan bagian dari struktur penting cabang kekuasaan kehakiman di Indonesia. Kekuasaan Kehakiman merupakan kekuasaan yang merdeka untuk menyelenggarakan peradilan guna menegakkan hukum dan keadilan. Hakim diberi wewenang untuk mengadili. Hakim memiliki peranan penting sebagai aparat penegak hukum dalam proses penegakan hukum di Indonesia, sehingga harus memperhatikan tujuan hukum. Peranan hakim memiliki konsekuensi terhadap pertanggungjawaban hakim yang sangat berat, dimana hakim memiliki tanggung jawab terhadap tuhan yang maha esa, terhadap bangsa dan negara, terhadap diri sendiri, terhadap hukum, terhadap para pihak dan terhadap mayarakat. Hakim dan masyarakat merupakan unsur yang tidak bisa dilepaskan dalam suatu sistem hukum. Hakim sebagai produk masyarakat dan budaya tempat dia berasal dan berada. Fungsi kehakiman adalah memutus sengketa antara individu dengan individu, individu dengan masyarakat, bahkan individu atau masyarakat dengan negara; membentuk atau membuat policy atau kebijakan.</em></p>

scholarly journals PERAN PEMERINTAH DESA DALAM PENANGGULANGAN KEJAHATAN (Studi Di Desa Nowa Kecamatan Woja Kabupaten Dompu)

2021 ◽  
Vol 7 (4) ◽  
Author(s):  
Aman Ma’arij ◽  
Gufran Gufran
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Empirical Research ◽  
Law Enforcement Officers ◽  
Alcohol And Drugs ◽  
Empirical Research Methods ◽  
The Law ◽  
Village Government ◽  
The Village

Crime is a bad act, derived from the word evil which means very bad, very bad, very bad, while juridically crime is defined as an act that violates the law or is prohibited by law in the first problem research what is the cause of crime in Indonesia? Nowa Village, Woja District, Dompu Regency and how is the role of the nowa village government in overcoming crimes such as gambling, conflict and other crimes. The purpose of this study was to find out how the role of the village government in overcoming crime in the village of Nowa, Woja sub-district, Dompu district and the factors that influence the occurrence of crime in Nowa Village, Woja District, Dompu Regency, this study used empirical research methods using the approach of legislation, sociology and cases. The results showed that the role of the village government in tackling crime in the nowa village was to carry out socialization at the hamlet level and strengthen coordination between agencies, both from the village government and law enforcement officers (police) and the factor that influenced the occurrence of crime in nowa village was the level of youth promiscuity. , Brutal Archery, Rampant Distribution of Alcohol and Drugs, Legal Gambling, and Brawls Between Youth.

scholarly journals Fungsi Justice Collaborators Terhadap Kejahatan Terorganisasi Tindak Pidana Narkotika

2021 ◽  
Vol 4 (4) ◽  
pp. 1659
Author(s):  
Silvania Soviana
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Drug Trafficking ◽  
Illicit Drug ◽  
Negative Impact ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
The Law ◽  
Illicit Drug Trafficking

AbstractIllicit drug trafficking is one of the criminal acts that has never subsided in Indonesia because the negative impact is so great and dangerous. As one of the law enforcement officers, the police certainly take part in efforts to eradicate illicit drug trafficking. In carrying out combating organized crime in illicit drug trafficking, the police assume the role of investigator as well as investigator. In carrying out the eradication of organized crime in illicit drug trafficking, the investigator does not merely disclose the crime alone. Investigators are assisted by collaborating witnesses called justice collaborators. The function of the justice collaborators who work together in assisting investigators, donating assistance in the form of providing information, reports, and / or testimonies related to further information about narcotic crimes. The justice collaborators also get legal protection guaranteed by law. Keywords: Illicit Drug Trafficking; Justice Collaborator; Organized Crime.AbstrakTindak pidana Narkotika ialah salah satu dari tindak pidana yang tidak pernah surut eksistensinya di negara Indonesia karena dampak negatif yang disebabkan begitu besar dan membahayakan. Sebagai salah satu aparat penegak hukum, Polisi tentu turut andil dalam upaya pemberantasan tindak pidana Narkotika. Dalam melakukan pemberantasan kejahatan terorganisasi tindak pidana narkotika, Polisi mengemban peran sebagai penyelidik sekaligus penyidik. Dalam melakukan pemberantasan kejahatan teroganisasi tindak pidana narkotika, penyidik tidak semata-mata melakukan pengungkapan tindak pidana tersebut sendirian. Penyidik dibantu oleh saksi pelaku yang bekerjasama yang disebut justice collaborator. Adanya fungsi dari saksi pelaku yang bekerja sama dalam membantu penyidik, menyumbangkan bantuan berupa pemberian informasi, laporan, dan/atau kesaksian terkait keterangan lebih lanjut mengenai tindak pidana narkotika. Saksi yang bekerja sama juga mendapatkan perlindungan hukum yang dijamin oleh undang-undang.Kata Kunci: Kejahatan Terorganisasi; Saksi Yang Bekerja Sama; Tindak Pidana Narkotika.

THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING THE PRINCIPLE OF LEGALITY DURING THE GREAT PATRIOTIC WAR

2020 ◽  
Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
75Th Anniversary ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Soviet People ◽  
Great Patriotic War ◽  
Principle Of Legality

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.

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