Malapractices of Advocates from The Perspective of Maqashid Syariah and Law Number 1 of 2023

Abstract

This article aims to analyze advocate malpractice from the perspective of the principle of maqashid sharia and analyze it in Law Number 1 of 2023. Advocate malpractice in the perspective of maqashid sharia refers to violations of the code of ethics, negligence, or unprofessional actions that result in losses to clients and violate the principle of the benefit of the community (maslahah). Advocates in the Islamic perspective should be upholders of justice, where malpractice is considered to threaten the goals of sharia itself. Advocates who commit malpractice based on the articles of Law Number 1 of 2023 can be subject to criminal sanctions (imprisonment/fines), as well as ethical sanctions from professional organizations (warnings, temporary suspension, up to dismissal).