TANGGUNGJAWAB ADVOKAT YANG TIDAK MEMBERI BANTUAN HUKUM PADA KLIEN TIDAK MAMPU

The moral and ethical duty have been a legal responsibility for an Advocate, i.e. a duty to give legal help assistance for free, in particularly towards the client which is classified as incapable to pay the fee of advocate. In democratic state whose law has been advanced, legal assistance for free to the incapable society is not a mercy from the advocate; instead it has been a right of the society wherein the profession of advocate in the middle of incapable society, however in practice some advocates do not conduct appropriately to their responsibility and rights. The method used by the author in completing this legal writing was normative research, i.e. a research on positive legal norms by shapes of regulations, the principles concerning on the substance of regulation. The normative research can be conducted by studying some literatures which behave as secondary data as main data. Legal assistance for free is a responsibility should be conducted by an advocate, it is regulated in the Article 22 paragraph (1) the Law Number 18 of 2003 on Advocate. The Article 7 (h) on Indonesian Advocate Ethical Code, as well as the profession confession which is listed in the Article 4 of the Law Number 18 of 2003 on Advocate, the shape of legal assistance given by the advocate could be a conventional/individual legal assistance, constitutional legal assistance, and structural legal assistance. The advocate could not reject to give legal assistance to economically incapable clients. In the case of advocates give legal assistance to incapable client, thus they will be charged any punishment. The punishment in the case of advocate refuse to give legal assistance is listed in the Article 7 paragraph (1) and (2), Article 10 paragraph (1) and (2) of the Law Number 18 of 2003 on Advocate. The sanction of violation towards the refusal to give legal assistance is also regulated in the Article 16 paragraph (1) and (2) of Indonesian Advocate Ethical Code