Lawyers or can be called attorneys, advocates, Defenders Team, Legal Advisors are professions that are currently on the rise in Bali. Many Lawyers’ offices are established in Bali that are ready to provide legal services to people who do not understand the legal world. Lawyers or better known as Advocates according to Article 1 paragraph (1) of the Law on Advocates, have the definition of all people who have the profession of providing legal services, both inside and outside the courts whose work areas are throughout the territory of the Republic of Indonesia. Even though the lawyer or advocate has an office in Bali, he can also hold proceedings throughout the Republic of Indonesia, of course, by holding a practice permit, namely in the form of an Oath Certificate (BAS) and an Advocates Identity Card (KTA).
Lawyers in Bali generally handle divorce cases, default (broken promises), PMH (Unlawful Actions), Narcotics Cases, Embezzlement, Fraud and others, there are also those who become corporate lawyers in a company, which can be done alone or together, same as his fellow lawyers. The duty of a lawyer is to provide legal assistance so that his clients get their rights during the legal process.
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People often ask when, for example, they see lawyers defending people who are suspected of being criminals, why are they still being defended? This is a question that often crosses people’s minds.
Please note, a defendant or suspect has the right to be accompanied by a lawyer/legal advisor/advocate at every level of examination as regulated in Article 54 and Article 55 of the Criminal Procedure Code. In the Criminal Procedure Code, the principle of presumption of innocence is known, which means that “everyone suspected, arrested, detained, prosecuted, or brought before a court must be presumed innocent before a court decision declares his guilt and has obtained permanent legal force”.
So that the purpose and objective of the Lawyer/advocate/Legal Adviser to defend the suspect/defendant is not merely so that the client is acquitted of all charges, but the Lawyer/advocate/Legal Counsel is accompanying the suspect/defendant before the court to protect the rights owned by the suspect/defendant so as not to be violated.
Lawyers are required to adhere to the code of ethics, client confidentiality, and may not discriminate against ethnicity, religion, politics, gender, race, social and cultural background. A lawyer or advocate is a noble and honorable profession (officium nobile), and therefore in carrying out his profession as a law enforcer in a court that is parallel to the police, prosecutors and judges, the advocate or lawyer is under the protection of the law, the law and the code of ethics. advocate.
The case that many lawyers handle in Bali after the COVID-19 pandemic is resistance (verzet) against the execution of Mortgage by Banks or other savings and loan institutions, due to their clients or customers experiencing bad credit. Clients who have businesses that are no longer running, the Bank can no longer help to provide credit relief or what is known as credit restructuring, so the Bank takes steps to conduct auctions either through the KPKNL (State Assets and Auction Service Office) or Bali Auction Center Indonesia.
While Auction itself is the process of buying and selling goods or services by offering to bidders, offering a higher price bid, and then selling the goods to the highest bidder.
The purpose of the Lawyer to file a lawsuit against (verzet) against the execution of Mortgage by the Bank is to hinder the execution or even to cancel the auction that took place. With the resistance lawsuit, it is hoped that it will inhibit interested parties from submitting bids, so that it can be used as a “mode” for customers/clients to delay the settlement of their debts with banks or other savings and loan institutions.