Department of Law, 2009

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TINJAUAN YURIDIS NORMATIF TERHADAP KETENTUAN PASAL 19 AYAT (2) UNDANGUNDANG ADVOKAT TENTANG HAK ADVOKAT MENGENAI PERLINDUNGAN TERHADAP PENYITAAN DOKUMEN KLIEN

ANNA HIJRATUL AMALIYAH RAMADHANI

Abstract


Lawyer profession as law enforcer was identical with the client. In doing the profession, lawyer was often having trouble, especially in confiscation by investigation officer which was ruled in Law Act section 19 verse (2) and section 38 verse (1) Criminal Law Procedure Act. Method used by the writer was juridical normative. In its practice, lawyer rights and duty was often neglected by the other law enforcer that cause conflict between law enforcer, especially between lawyer and investigation officer. Confiscation in criminal law procedure was allowed to give a wide authority and make the investigation officer more effective in doing investigation and examination before a case proposed in trial. But in the other side, it was a contradiction with lawyer?s duty which was ruled by Act No.18 / 2003 about Lawyer. It was also a contradiction with section 28G Constitution 1945 with section 38 verse (1) Criminal Law Procedure Act. If the section 19 verse (2) Criminal Law Procedure Act couldn?t reveal the conflict between investigation officer and lawyer in client?s document confiscation process, since section 28G Constitution 1945 ruled the rights of every person to get protection as an individual, things or document from confiscation. But in its practice, lawyer was often faced trouble which was caused by the conflict with investigation officer which the duty related with criminal law procedure act ruled about confiscation in section 38 verse (1). If the section was conflicted, there could be used lex specialis derogate lex generalis principle where there should be a judicial review to criminal law procedure act. 

 

Keyword : Advokat, Dokumen klien, konflik

Link Terkait:   http://digilib.umm.ac.id/download.php?id=70441

 



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