Draft Bill on Advocates Will Be Passed Despite Concerns

Happy Rayna Stephany, Robert Sidauruk

After lengthy discussions and a number of hearing sessions, it is expected that the House of Representatives will soon pass the Draft Bill on Advocates (Draft Bill). Legal practitioners, however, have expressed concerns about certain aspects of the Draft Bill, stating that it will not improve the functioning and quality of advocate organizations.

Thomas Tampubolon, a legal practitioner, raised his concerns about the system for the admissions of advocates. Thomas indicated that under the Draft Bill, every advocate organization will be entitled to organize its own admission system. This, according to Thomas, will create unproductive competition among advocate organizations to try and attract more individuals as members irrespective of advocate quality.

“Every advocate organization will start to compete with each other by offering cheaper legal practice training or even lower the standard of its bar exam,” said Thomas at the election for the Chairman of the Indonesian Advocate Association (PERADI) for the Central Jakarta District, in Jakarta on Friday.

Thomas further noted that the Draft Bill does not set an age limit to be admitted as a lawyer. Thomas argues that the lack of such a provision will potentially create an advocate profession that acts as a shelter for retired law enforcers.

“Overall, the whole drafting process of the Draft Bill was conducted in haste and failed to address the current problems,” added Thomas.

Likewise, Jamaslin James Purba, former PERADI Chairman for the Central Jakarta District, explained that several provisions of the Draft Bill should be reviewed especially those on admission systems, bar exams, and the advocate swearing-in ceremony.

Jamaslin says that if an advocate organization is authorized to run its own bar exam, there is a possibility that bar exam standards will be lowered by each organization. As a consequence, incompetent individuals could easily be admitted as a lawyer which would be contrary to public interest.

“The Draft Bill only grants the National Advocate Council a right to set a uniform curriculum for lawyer education, however, the bar exam standard will be set by each advocate organization,” added Jamaslin.

(hot/kc)

Happy Rayna Stephany, Robert Sidauruk

After lengthy discussions and a number of hearing sessions, it is expected that the House of Representatives will soon pass the Draft Bill on Advocates (Draft Bill). Legal practitioners, however, have expressed concerns about certain aspects of the Draft Bill, stating that it will not improve the functioning and quality of advocate organizations.

Thomas Tampubolon, a legal practitioner, raised his concerns about the system for the admissions of advocates. Thomas indicated that under the Draft Bill, every advocate organization will be entitled to organize its own admission system. This, according to Thomas, will create unproductive competition among advocate organizations to try and attract more individuals as members irrespective of advocate quality.

“Every advocate organization will start to compete with each other by offering cheaper legal practice training or even lower the standard of its bar exam,” said Thomas at the election for the Chairman of the Indonesian Advocate Association (PERADI) for the Central Jakarta District, in Jakarta on Friday.

Thomas further noted that the Draft Bill does not set an age limit to be admitted as a lawyer. Thomas argues that the lack of such a provision will potentially create an advocate profession that acts as a shelter for retired law enforcers.

“Overall, the whole drafting process of the Draft Bill was conducted in haste and failed to address the current problems,” added Thomas.

Likewise, Jamaslin James Purba, former PERADI Chairman for the Central Jakarta District, explained that several provisions of the Draft Bill should be reviewed especially those on admission systems, bar exams, and the advocate swearing-in ceremony.

Jamaslin says that if an advocate organization is authorized to run its own bar exam, there is a possibility that bar exam standards will be lowered by each organization. As a consequence, incompetent individuals could easily be admitted as a lawyer which would be contrary to public interest.

“The Draft Bill only grants the National Advocate Council a right to set a uniform curriculum for lawyer education, however, the bar exam standard will be set by each advocate organization,” added Jamaslin.

(hot/kc)

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