ANALISIS PERBANDINGAN HAK SUBSTITUSI DAN HAK RETENSI PADA SURAT KUASA DALAM PRAKTIK ADVOKAT DI INDONESIA

Abstract

The right of substitution and the right of retention are two important legal concepts that often arise in the relationship between advocates and clients in Indonesia. The right of substitution gives the advocate the authority to delegate tasks to another party, while the right of retention allows the advocate to retain the client's goods or documents as collateral for unfulfilled obligations. This study aims to analyze the comparison between the right of substitution and the right of retention, both in terms of legal regulations, implementation in practice, and their impact on the relationship between advocates and clients. The research method used is normative juridical with a statutory regulatory approach, case analysis, and legal doctrine review. The results of the study indicate that although the right of substitution and the right of retention are regulated in the Civil Code, Law Number 18 of 2003 concerning Advocates, and the Advocate Code of Ethics, these regulations do not fully provide clarity regarding the Limitations, procedures, and protection for clients. The right of substitution often causes problems in terms of the advocate's responsibility to the appointed party, while the right of retention has the potential to be misused, thereby harming the client. This study recommends the harmonization of rules and guidelines for the implementation of both rights, including strengthening supervision by professional advocate organizations. Thus, it is expected to create a more transparent and professional relationship between advocates and clients, as well as achieving justice and legal certainty in advocate practice in Indonesia