The Advocates' Obligations to Swear According to Their Religion or Promise at the High Court Open Session in the Perspective of Independence of the Advocate Organization

Abstract

This study discusses two-issue namely (1) Ratio legis advocates must take an oath or promise according to their religion in ; (2) The concept of an advocate's obligation to swear or promise according to religion in the perspective of independence of the Advocate Organization.The two problem formulations were analyzed using normative legal research methods using statute approach, philosophy approach, conceptual approach, comparative approach and case approach.The ratio legis of advocates is obliged to swear or promise according to their religion in an open session of the High Court in their jurisdiction if historical history has traced the adoption of provisions regarding the oath of an advocate as regulated in Article 187 RO (Reglement Of De Regterlijk Organisatie En Her Beleid Der Justitie in Nederlan Indie) which states: "Before receiving their services, lawyers must take the following oath (promise) in an open court at the high court where they are appointed", without being given a legal reason at the time of the formulation of Article 4 paragraph (1) of the Advocate Law, giving attributive authority to the High Court. carry out an advocate's oath / pledge. The legislative ratio of an advocate is obliged to swear or promise according to his religion, in essence, the validity/legality, morality and religiosity of an advocate in carrying out his professional duties, both outside the trial and in the trial.Based on the theoretical basis, the concept of an advocate's obligation to swear or promise according to religion in the perspective of independence of advocate organizations is more appropriately carried out or organized by the advocate organization itself, provided that the advocate in question has taken a special education for the advocate profession correctly, has passed an advocate professional exam organized by the advocate organization according to the standards set and the appointment of an advocate is carried out by the advocate organization selectively and strictly.

Keywords: The obligation, Advocate, Promise, Open session High Court, Independence.

DOI: 10.7176/JLPG/109-03

Publication date:May 31^st 2021