Overview of Services Advocate
In the daily activities, sometimes we need the services of General Counsel or the currently more popular with the title Advocate / Lawyer. People who are dealing with the Advocate is not always the person in trouble with the law. Activities mergers, acquisitions, company registration in Bapepam, the issuance of bonds or debentures for a Company registered in Capital Market Supervisory Agency (‘Bapepam’) are examples of advocate activities that do not dealing with the case in court, even though this kind of activity is mostly done by Lawyer in Jakarta.
Lawyers activity as illustrated above in practice referred to as non-litigation action or enter into the realm of commercial law. Some attorney’s office in Jakarta in addition to practicing as a litigation lawyer he is also a lawyer in the field of commercial law. Besides, they are also much practice as Curator bankruptcy.
Advocate or lawyer is a person who has a license for the hearing of the Indonesian Advocates Association (Peradi). Lawyer who focuses on commercial law as well as a licensed proceedings he also has a license from the Bapepam whereas the Receiver and Administrator for Bankrupcy has a license from the Ministry of Law and Human Rights Affairs.
This is where the importance of Advocates service users to know with certainty whether the Advocates representing the interests of the law, has licensed as an Advocate. What is the benefit using the services of Advocate when proceedings in court? The simplest answer is Advocates will ensure that the rights of his clients have been met, and he also represented the interests of his clients in court. A person who is getting a divorce, for example, could have filed for a divorce without the help of an Advocate in the Court, but if he knows what he can ask (petition) in court? Sometimes its right to alimony that is the right to charge the cost of the child’s life are left forgotten he proposed, and when the verdict was pronounced then he asked about the cost of custody of her children, but in the Court applies the principle of the Court only hears all what is required, if we do not ask for a fee alimony, the Court will not charge alimony to the Defendant.
Similarly, for example in bankruptcy. Generally Lawyers in Jakarta who works as a curator would use the opportunity to propose peace to the creditors that the bankruptcy defendant can reschedule its debts as outlined in the composition plan can be submitted at the time of bankruptcy lasts. For those who know the Law of Bankruptcy, bankruptcy does not mean end of the world, even bankruptcy is a debt resolution mechanism.
Because that is the law, it is a tool to solve the problem. Inde datae leges be fortiori omnia posset (Law were made lest the stronger should have unlimited power).