Foreign Advocates Will Be Regulated Says PERADI Chairman

Ali Salmande, Andin Aditya Rahman

A few months ago, the Advocates Association of Indonesia (AAI)—one of the founding organizations of the Indonesian Advocates Association (PERADI)—pushed  PERADI to issue more stringent rules on foreign advocates. AAI made such move due to the failure of the Law No. 18 of 2003 on Advocates in regulating foreign advocates (see ILD No. 297).

Humphrey Djemat, Chairman of AAI, asserted that foreign advocates who only secured a recommendation from PERADI may not practicing law in Indonesia. According to him, foreign advocates must also undergo an examination similar to bar exam for the local advocates.

“Indonesian advocates are required to take bar exam before practicing in their own country. Therefore, it is appropriate for foreign advocates to take similar examination held by the bar association,” said Humphrey in June earlier this year.

Months after AAI demand, PERADI finally responded that they will soon issue a regulation on the examination framework tailored for foreign advocates.

“What we are doing is not a moratorium of foreign advocates, but rather a set of requirements so they may practicing law in Indonesia,” says Otto Hasibuan, Chairman of PERADI, to Hukumonline during PERADI’s national work meeting last Thursday.

The first regulation will oblige foreign advocates to take an examination on the code of ethics applicable to Indonesian advocates.

“Because it won’t be fair, seeing that we ourselves practice by a code of ethics,” he explained.

In addition, Otto explains that foreign advocates will be required to participate in a familiarization of the Advocate Law.

As of today, Otto continues, PERADI has certified a number of foreign advocates to practice in Indonesia. Otto says that certified foreign advocates will be required to satisfy the upcoming requirements to continue practicing law in Indonesia.

Regarding the precise date when the regulation on foreign advocates will be issued, Otto asserted that it will be issued and implemented next week.

(hot/kc)

Ali Salmande, Andin Aditya Rahman

A few months ago, the Advocates Association of Indonesia (AAI)—one of the founding organizations of the Indonesian Advocates Association (PERADI)—pushed  PERADI to issue more stringent rules on foreign advocates. AAI made such move due to the failure of the Law No. 18 of 2003 on Advocates in regulating foreign advocates (see ILD No. 297).

Humphrey Djemat, Chairman of AAI, asserted that foreign advocates who only secured a recommendation from PERADI may not practicing law in Indonesia. According to him, foreign advocates must also undergo an examination similar to bar exam for the local advocates.

“Indonesian advocates are required to take bar exam before practicing in their own country. Therefore, it is appropriate for foreign advocates to take similar examination held by the bar association,” said Humphrey in June earlier this year.

Months after AAI demand, PERADI finally responded that they will soon issue a regulation on the examination framework tailored for foreign advocates.

“What we are doing is not a moratorium of foreign advocates, but rather a set of requirements so they may practicing law in Indonesia,” says Otto Hasibuan, Chairman of PERADI, to Hukumonline during PERADI’s national work meeting last Thursday.

The first regulation will oblige foreign advocates to take an examination on the code of ethics applicable to Indonesian advocates.

“Because it won’t be fair, seeing that we ourselves practice by a code of ethics,” he explained.

In addition, Otto explains that foreign advocates will be required to participate in a familiarization of the Advocate Law.

As of today, Otto continues, PERADI has certified a number of foreign advocates to practice in Indonesia. Otto says that certified foreign advocates will be required to satisfy the upcoming requirements to continue practicing law in Indonesia.

Regarding the precise date when the regulation on foreign advocates will be issued, Otto asserted that it will be issued and implemented next week.

(hot/kc)

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