Category: About Law

Does Divorce Result in Guardianship? This is the answer


An application for the appointment of a guardian is submitted together with an application for revocation of foster care by attaching a recommendation from the social agency. The term guardian or guardianship may be familiar to our ears. If we hear the term, surely we immediately relate it to the responsibility for caring for minors that is carried out by guardians. Likewise with the power of custody,

which is the power to nurture, educate, and care for underage children. These two terms are often used by parents who are facing a divorce process. As if it were interchangeable, many parents asked to be appointed as guardians or custody of their children who were minors in a divorce case. So what is the difference between guardianship and custody? Who is the guardian and who is the holder of custody? And does divorce result in guardianship? Check out the following reviews!

The Civil Code and the Marriage Law do not define guardianship. Therefore, the definition of guardianship is obtained by concluding the provisions of Article 50 of the Marriage Law, which means that the personal power of children and their assets who have not reached the age of 18 years or have never been married and are not under the control of the parents. Meanwhile, according to Article 1 point 11 of the Child Protection Law, it is defined as the power of parents to care for, educate, nurture, nurture, protect and develop children according to their religion and according to their … Read More

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Advocate: Not Just Losing and Winning !!

Idul fitri has passed, many interesting stories during the gathering with the extended family during the Eid moments, one of which must be curious about the profession and work of each family member. And when I say that my profession is an advocate or lawyer, many brothers (especially those who have never touched law at all, and only know the profession of lawyers from the media) immediately smiled sarcastically, saying “oh the one who usually justifies wrong and blames the right”.

That the advocate profession is still limited to right / wrong as well as lose / win is a general view created by the perception that has been built because the public is often treated to drama cases of law through the mainstream media. Advocates are always identified with the clients they represent. Even though article 18 paragraph (2) of Law No. 18/2003 on Advocates states that in essence, in carrying out their profession, an advocate is not identical with a client, but still the slanted label on the advocate will be attached to the advocate who defends the interests of the client who is considered a criminal.

Advocates of corruption = corruptors, Advocates of murderers = defenders of criminals, Advocates of human rights violators = violators of human rights, this often sounds loud even among activists who should understand the rights and obligations of the profession. Still fresh in my mind when Adnan Buyung Nasution decided to defend Anas Urbaningrum, Gayus Tambunan, or Tubagus Chaeri Wardhana, who were … Read More

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What, Who and How Lawyers Work

What, Who and How Do Lawyers Work?

A lawyer, or often called an advocate, or attorney or legal advisor, is someone who does or provides advice (advice) and defense “represents” for other people who are related (clients) with the settlement of a legal case.

The definition of a lawyer is an attorney or legal expert, namely someone who is authorized by law by another person (client) to do whatever is authorized by power of attorney, and can also represent clients in litigation both in court and outside the court.
Advocates are people whose profession is to provide legal services, both inside and outside the court who meet the requirements based on the provisions of the law.

Lawyer Status and Ethics

A lawyer or Advocate has the status of a law enforcer, free and independent guaranteed by laws and regulations, with a working area covering the entire territory of the country he lives in. This means that an advocate can practice anywhere in the region, and may proceed in court in the territory of the country.

Advocates in carrying out their profession defending cases adhere to the professional code of ethics and laws and regulations, and advocates are obliged to obey and comply with the professional code of ethics of advocates and the provisions concerning the Honorary Council of Advocate Organizations.

The most basic relationship in an advocate-client relationship is reciprocal trust. In this relationship, the client believes that the advocate handles and protects the interests of his (clients) professionally and … Read More

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