malpractice advocate profession in indonesia

Juridically, there is no clear and firm regulation related to the understanding and qualifications ofmalpractice advocates in indonesia (there is a legal vacuum), but theoretically there have been manyconcepts and doctrines relating to legal malpractice, especially advocacy malpractice. in a sociologicalperspective, there have been many cases of advocacy malpractice that have emerged in theimplementation of advocate practices in indonesia. meanwhile, in the perspective of legal philosophy,advocates as a noble legal profession (officium nobile) have no fair and certain formula for handling andsettlement, both for clients who receive bad service from advocates and for advocates themselves as lawenforcement officers. based on the juridical, sociological, theoretical and philosophical reasons above, itis considered important to discuss the qualifications of an act including the malpractice of the advocateprofession and the forms of accountability of the advocate profession for advocacy malpractice cases.therefore, this research uses normative legal research. based on the results of the discussion, this studyhas the conclusion that the qualifications or parameters of the malpractice act of an advocate, if it meetsthe following requirements: (1) the existence of legal services provided by an advocate (rights andobligations); (2) legal services are provided in: (a) below the applicable professional standards; (b)awarded in violation of the fiduciary obligation of the advocate; (c) defaults on contracts for providinglegal services, or; (d) provided in a manner contrary to applicable law and code of conduct; (3) theadvocate's actions take the form of acts against the law (intentional or negligence); (4) there are losses tothe client; and (5) the loss is caused by the act of providing legal services by the advocate. there arethree forms of advocacy accountability, namely ethical responsibility, juridical responsibility anddisciplinary responsibility.