Ada Pertanyaan? Hubungi Kami 
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Ada Pertanyaan? Hubungi Kami Abdul Razak Asri, Happy Rayna Stephany, Yanuar Pribadhie
For the first time in the history of the Indonesian legal system, a bar exam for foreign lawyers has been implemented by the Indonesian Advocates Association (Perhimpunan Advokat Indonesia – PERADI). The bar exam was held today, 27 February, and is precondition for foreign lawyers to secure a PERADI recommendation letter.
A PERADI recommendation letter for foreign lawyers is a prerequisite under Article 23 (2) of the Law No. 18 of 2003 on Advocates. This article requires foreign lawyers to secure a recommendation letter from the Indonesian bar association, before they can be employed by an Indonesian law firm.
Hasanuddin Nasution, the Secretary General of PERADI’s National Board, explained that the examination’s aim is to implement the Indonesian Advocate Code of Ethics for foreign lawyers. As a consequence, the substance of the exam is primarily concerned with the Code of Ethics. In addition, questions on the function and role of the bar association are also included in the exam.
“We hope that both local and foreign lawyers will be subject to equal treatment. If local lawyers must pass a bar examination, so should foreign lawyers,” Mr. Nasution says.
The idea of a bar exam for foreign lawyers is apparently welcomed by foreign lawyers practicing in Indonesia. The most recent data indicates that 58 out of the 62 foreign lawyers registered with PERADI participated in the examination.
Pros-Cons of Bar Exam
The importance of a bar exam for foreign lawyers has long been debated among lawyers. Humphrey Djemat, General Chairman of the Indonesian Bar Association (Asosiasi Advokat Indonesia – AAI), once recommended that foreign lawyers practicing in Indonesia must pass a bar exam.
Mr. Djemat based his recommendation on two reasons. First, a bar exam for foreign lawyers is common practice in many countries such as the US, UK, France, Holland, Malaysia, and Japan.
Second, foreign lawyers practicing in Indonesia often advise their foreign clients about Indonesian company and investment law, principles of contract law, or the execution of foreign arbitral awards in Indonesia. Therefore, an understanding of Indonesian Law for foreign lawyers is preferential.
In contrast, Suhardi Somomoeljono, General Chairman of the Indonesian Advocates/Lawyers Association (Himpunan Advokat/Pengacara Indonesia – HAPI) opposes the idea for such an exam.
According to Mr. Somomoeljono, the bar exam should not be conducted because the House of Representatives is currently discussing a revision to the Advocate Law. Suhardi recommends that in the mean time, PERADi should not implement any nationwide decision.
(hot/kc)
Abdul Razak Asri, Happy Rayna Stephany, Yanuar Pribadhie
For the first time in the history of the Indonesian legal system, a bar exam for foreign lawyers has been implemented by the Indonesian Advocates Association (Perhimpunan Advokat Indonesia – PERADI). The bar exam was held today, 27 February, and is precondition for foreign lawyers to secure a PERADI recommendation letter.
A PERADI recommendation letter for foreign lawyers is a prerequisite under Article 23 (2) of the Law No. 18 of 2003 on Advocates. This article requires foreign lawyers to secure a recommendation letter from the Indonesian bar association, before they can be employed by an Indonesian law firm.
Hasanuddin Nasution, the Secretary General of PERADI’s National Board, explained that the examination’s aim is to implement the Indonesian Advocate Code of Ethics for foreign lawyers. As a consequence, the substance of the exam is primarily concerned with the Code of Ethics. In addition, questions on the function and role of the bar association are also included in the exam.
“We hope that both local and foreign lawyers will be subject to equal treatment. If local lawyers must pass a bar examination, so should foreign lawyers,” Mr. Nasution says.
The idea of a bar exam for foreign lawyers is apparently welcomed by foreign lawyers practicing in Indonesia. The most recent data indicates that 58 out of the 62 foreign lawyers registered with PERADI participated in the examination.
Pros-Cons of Bar Exam
The importance of a bar exam for foreign lawyers has long been debated among lawyers. Humphrey Djemat, General Chairman of the Indonesian Bar Association (Asosiasi Advokat Indonesia – AAI), once recommended that foreign lawyers practicing in Indonesia must pass a bar exam.
Mr. Djemat based his recommendation on two reasons. First, a bar exam for foreign lawyers is common practice in many countries such as the US, UK, France, Holland, Malaysia, and Japan.
Second, foreign lawyers practicing in Indonesia often advise their foreign clients about Indonesian company and investment law, principles of contract law, or the execution of foreign arbitral awards in Indonesia. Therefore, an understanding of Indonesian Law for foreign lawyers is preferential.
In contrast, Suhardi Somomoeljono, General Chairman of the Indonesian Advocates/Lawyers Association (Himpunan Advokat/Pengacara Indonesia – HAPI) opposes the idea for such an exam.
According to Mr. Somomoeljono, the bar exam should not be conducted because the House of Representatives is currently discussing a revision to the Advocate Law. Suhardi recommends that in the mean time, PERADi should not implement any nationwide decision.
(hot/kc)