National Advocate Council Is Not a Solution

Imam Hadi Wibowo, Robert Sidauruk

Draft Bill on Advocate (Draft Bill) that is currently discussed at the House of Representative obtains criticism, asthe lawmakers come out with an idea to establish Advocate National Council. This council is projected will play role as an independent authority in enforcing lawyer code of ethic.

Mardjono Reksodiputro, Secretary at National Law Commission (KHN), explains that the Advocate National Council will perform two duties gradually. First phase is to draft advocate working standard and code of ethic, and the next phase is to enforce such standard and code of ethics.

During discussion session organized by KHN in Jakarta on Wednesday, Mardjono informed that the Advocate National Council will be an appeal stage hearing for breach of code of ethic allegation made by advocate. The first stage of the hearing is to be held by internal advocate organization.

Criticism came from Indonesian Center for Law and Policies Studies (PSHK). Miko Susanto Ginting, researcher at PSHK, explains that the idea to establish Advocate National Council was delivered without clear considerations and seems to be an emotional response to the current chaos on advocate organizations.

During his talk at the discussion session, Miko contended that the existence of Advocate National Council will threaten the independence of advocate profession due to at least two valid reasons. First, the council will be funded by State Budget which means there will be a potential intervention form the Government; and second, members of political party are allowed to join the council.

“This is a serious threaten for advocate profession,” Miko says.

On the same occasion, member of Commission III at DPR, Didi Irawadi Syamsudin, denies that the Advocate National Council will interfere the independency of advocate. In fact, the idea to establish such council is to restore and enhance the professionalism of lawyer by preserving the code of ethic.

“It will not put advocate independent in harm as member of the council will consists of senior lawyer and representative from non-lawyer society,” Didi concludes.

(hot/kc)

Imam Hadi Wibowo, Robert Sidauruk

Draft Bill on Advocate (Draft Bill) that is currently discussed at the House of Representative obtains criticism, asthe lawmakers come out with an idea to establish Advocate National Council. This council is projected will play role as an independent authority in enforcing lawyer code of ethic.

Mardjono Reksodiputro, Secretary at National Law Commission (KHN), explains that the Advocate National Council will perform two duties gradually. First phase is to draft advocate working standard and code of ethic, and the next phase is to enforce such standard and code of ethics.

During discussion session organized by KHN in Jakarta on Wednesday, Mardjono informed that the Advocate National Council will be an appeal stage hearing for breach of code of ethic allegation made by advocate. The first stage of the hearing is to be held by internal advocate organization.

Criticism came from Indonesian Center for Law and Policies Studies (PSHK). Miko Susanto Ginting, researcher at PSHK, explains that the idea to establish Advocate National Council was delivered without clear considerations and seems to be an emotional response to the current chaos on advocate organizations.

During his talk at the discussion session, Miko contended that the existence of Advocate National Council will threaten the independence of advocate profession due to at least two valid reasons. First, the council will be funded by State Budget which means there will be a potential intervention form the Government; and second, members of political party are allowed to join the council.

“This is a serious threaten for advocate profession,” Miko says.

On the same occasion, member of Commission III at DPR, Didi Irawadi Syamsudin, denies that the Advocate National Council will interfere the independency of advocate. In fact, the idea to establish such council is to restore and enhance the professionalism of lawyer by preserving the code of ethic.

“It will not put advocate independent in harm as member of the council will consists of senior lawyer and representative from non-lawyer society,” Didi concludes.

(hot/kc)

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