CD Skripsi
Pertanggung jawaban Pidana Advokat Yang Melakukan Perbuatan Menghalang- Halangi Proses Peradilan Tindak Pidana Korupsi
ABSTRACT
Eradication of corruption in Indonesia still faces many obstacles, including resistance from various parties. The number of actions that are hindering the criminal justice process of corruption, one of which is an advocate's act blocking the judicial process against his client who is suspected of committing a criminal act of corruption. The Corruption Criminal Act does not specify what acts can be categorized as acts that obstruct the criminal justice process. Advocates who have been proven to have committed acts blocking the judicial process of criminal acts of corruption feel that they cannot be held liable for criminal liability because of the existence of immunity rights that have been regulated by law in carrying out their professional duties.
Research method / approach used by writer in this research is normative law research. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The primary legal materials used are Law Number 18 of 2003 concerning Advocates, Law Number 20 of 2001 concerning Eradication of Corruption Crimes. Secondary legal materials in the form of bills, research results, scientific work from the legal community and others, newspapers, internet, articles related to the problem under study. Tertiary Law material such as dictionaries, encyclopedias. Analysis of the data used is qualitative data analysis and describe it descriptively.
Based on the results of the research, it can be concluded that the act of obstructing the judicial process of corruption is not limited to only a few actions, the perpetrator only needs to understand and know that his actions can result in obstruction of the judicial process, even though in reality the judicial process is not obstructed or impeded because of his actions. Here the role of law enforcers is needed to determine the actions of the perpetrators, which can be said as obstructing the judicial process of corruption or not. For advocates who carry out actions to obstruct the criminal justice process of corruption, criminal responsibility must be held even though in carrying out their professional duties an advocate is protected by the right of immunity, because the right to immunity still has limitations or is not absolutely valid because protecting the client blindly is an act that is not blind reflect good faith.
Keywords: Obstruction of Justice – Advocate – Criminal Liability
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