The New Draft Bill on Advocates Raises Concerns

Rofiq Hidayat, Mahinda Arkyasa

During a discussion on the new Draft Bill on Advocates (Draft Bill) with the House of Representatives (House), Monday (25/3), several prominent lawyers explicitly stated that the Draft Bill should not be passed.

Otto Hasibuan, Chairman of the Indonesian Advocates Organization (IKADIN) Central Executive Board and Chairman of the Indonesian Advocates Association (PERADI) National Executive Board, argued that by defining advocates as partners of law enforcers, the Draft Bill has weakened advocates’ position that was established under Law No. 18 of 2003 on Advocates (Advocate Law).

In addition, he stated that although he does not object to the multi-bar system, there should be only one lawyer organization that has the authority to organize and supervise the legal profession.

 “IKADIN and PERADI reject the Draft Bill. It is dangerous for advocates,” Otto said during the discussion.

Elza Syarief, a representative of Indonesian Advocates/Lawyers Assembly (Himpunan Advokat/Pengacara Indonesia), agreed that the Draft Bill has lowered advocates’ bargaining position by defining advocates as partners of law enforcers. She expressed her concern that this provision will hinder advocates’ ability to defend the people.

Meanwhile, Jhonson Panjaitan, Secretary General of the Association of Indonesian Advocates (AAI), asserted that the House should stop drafting the Draft Bill and focus on the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP).

“I speak on behalf of AAI, the Draft Bill should not be discussed any further by the Legislative Body. KUHP and KUHAP should be prioritized,” he insisted.

Indra Safitri, Chairman of the Association of Capital Market Legal Consultants, further explained that it is not the right time for the House to be revising Advocate Law. The Chairman asserted that Advocate Law can only be revised if all advocate associations in Indonesia reach a consensus.

On the other hand, Indra Sahnun Lubis, Chairman of Indonesian Legal Consultant Association and Chairman of the Indonesian Advocate Congress (Kongres Advokat Indonesia), argued that the Draft Bill should be drafted and passed no matter what. He has high hopes that the Draft Bill will unite Indonesian advocates and eliminate any disputes between advocate organizations.

Ahmad Dimyati Natakusumah, Deputy Chairman of the Legislative Body of the House, explained that the Draft Bill will continue to be discussed. Sharing Indra’s enthusiasm, he also expects that the Draft Bill will unite all Indonesian advocates.

(jt)

Rofiq Hidayat, Mahinda Arkyasa

During a discussion on the new Draft Bill on Advocates (Draft Bill) with the House of Representatives (House), Monday (25/3), several prominent lawyers explicitly stated that the Draft Bill should not be passed.

Otto Hasibuan, Chairman of the Indonesian Advocates Organization (IKADIN) Central Executive Board and Chairman of the Indonesian Advocates Association (PERADI) National Executive Board, argued that by defining advocates as partners of law enforcers, the Draft Bill has weakened advocates’ position that was established under Law No. 18 of 2003 on Advocates (Advocate Law).

In addition, he stated that although he does not object to the multi-bar system, there should be only one lawyer organization that has the authority to organize and supervise the legal profession.

 “IKADIN and PERADI reject the Draft Bill. It is dangerous for advocates,” Otto said during the discussion.

Elza Syarief, a representative of Indonesian Advocates/Lawyers Assembly (Himpunan Advokat/Pengacara Indonesia), agreed that the Draft Bill has lowered advocates’ bargaining position by defining advocates as partners of law enforcers. She expressed her concern that this provision will hinder advocates’ ability to defend the people.

Meanwhile, Jhonson Panjaitan, Secretary General of the Association of Indonesian Advocates (AAI), asserted that the House should stop drafting the Draft Bill and focus on the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP).

“I speak on behalf of AAI, the Draft Bill should not be discussed any further by the Legislative Body. KUHP and KUHAP should be prioritized,” he insisted.

Indra Safitri, Chairman of the Association of Capital Market Legal Consultants, further explained that it is not the right time for the House to be revising Advocate Law. The Chairman asserted that Advocate Law can only be revised if all advocate associations in Indonesia reach a consensus.

On the other hand, Indra Sahnun Lubis, Chairman of Indonesian Legal Consultant Association and Chairman of the Indonesian Advocate Congress (Kongres Advokat Indonesia), argued that the Draft Bill should be drafted and passed no matter what. He has high hopes that the Draft Bill will unite Indonesian advocates and eliminate any disputes between advocate organizations.

Ahmad Dimyati Natakusumah, Deputy Chairman of the Legislative Body of the House, explained that the Draft Bill will continue to be discussed. Sharing Indra’s enthusiasm, he also expects that the Draft Bill will unite all Indonesian advocates.

(jt)

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