Juridical Review of the Honorarium Received Advocates from the Crime of Money Laundering
Law No. 18 of 2003 on Advocates, there explains that Advocates are entitled to honorariums of legal services they have provided to their clients. The problem is the honorarium received by the advocate from the client as suspects of money laundering crime is a legal honorarium or not according to the law and can it have implications for the criminalization of an advocate when receiving an honorarium from the client as suspects of money laundering crime? Based on the analysis of the legislation in force that the payment of honorarium from the client as suspects of money laundering crime as payment for legal services advocates are legal tender and can be held legally accountable. Advocates do not need to report on the honorarium they receive from the client as suspects of money laundering crime, this is because of the rules of secrecy of the position. Thus, advocates can not be prosecuted either civil or criminal in carrying out their profession. The Law on Advocates stipulates that they are entitled to receive fees or honorariums as compensation from the clients they are defending. This is related to the right of retention, namely the right not to return the documents held before the honorarium is first paid. Including using the right of retention to threaten and reduce the capacity as an advocate in defending and protecting his client. But in litigation, advocates are prohibited from using unnecessary costs, thus burdening their clients.