Ada Pertanyaan? Hubungi Kami 
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Ada Pertanyaan? Hubungi Kami Happy Rayna Stephany, Jazmi Adlan Bohari
The dispute between Sumatra Partners LLC (“Sumatra”) and Ali Budiarjo, Nugroho, Reksodiputro Law Firm (“ABNR”) continues with the examination of experts at the South Jakarta District Court.
During the examination, Sumatra brought two legal experts before the Court, in order to support their argument that the false legal opinion given by ABNR has caused financial losses to Sumatra.
One of the experts was Susanti Adi Nugroho, a former Justice of the Supreme Court. She said that lawyers, in terms of legal consulting, have full responsibility for the legal services they provide to their clients. Immunity rights for advocates, according to her, are only applied when the lawyers protect their client’s interest inside the court. Other that, immunity rights to not apply.
“Lawyers cannot avoid their responsibility by taking refuge in the immunity rights stated in Article 16 of the Advocate Law,” she said on Tuesday.
Mrs. Nugroho also said that Article 1365 of the Indonesian Civil Code, requires each individual to pay compensation for their actions if there is present the elements of a violation of laws or regulations, ethics, or compliance, that cause damage, through an unlawful act being committed, for which there is a connection between the unlawful act and the private losses.
In addition, she mentioned that lawyers have to provide professional services, as they received honorarium as a reward. This covers the provision of legal services and other and related services, such as verifying the authentication of certain documents and signatures—which if it not conducted properly, will be treated as tort.
Further, Mrs. Nugroho said that pursuant to Article 1367 of Indonesian Civil Code, the law firm where the lawyers in dispute work at, are also responsible and can be asked for compensation.
“For example, if a truck driver crashes, the company where the driver works needs to pay compensation to cover the truck driver’s limited money,” Mrs. Nugroho explained.
Munir Fuady, another legal expert brought by Sumatra, explained the criteria for the malpractice committed by lawyers. For instance, legal services are below proper standards or violates the fiduciary duty of lawyers both consciously and unconsciously, the service provided contradicts applicable laws and regulations, and causes private loss for the client or third party involved.
In addition, Mr. Fuady said that lawyers cannot use the immunity right for purposes other than protecting the interests of and serving clients. He warned lawyers to uphold their code of ethics in conducting their job, as stated in Article 16 of the Advocate Law.
“They are free to execute their job as long as they are not violating the law and code of ethics. If they do, then they are wrong,” Mr. Fuady concluded.
(hot/kc)
Happy Rayna Stephany, Jazmi Adlan Bohari
The dispute between Sumatra Partners LLC (“Sumatra”) and Ali Budiarjo, Nugroho, Reksodiputro Law Firm (“ABNR”) continues with the examination of experts at the South Jakarta District Court.
During the examination, Sumatra brought two legal experts before the Court, in order to support their argument that the false legal opinion given by ABNR has caused financial losses to Sumatra.
One of the experts was Susanti Adi Nugroho, a former Justice of the Supreme Court. She said that lawyers, in terms of legal consulting, have full responsibility for the legal services they provide to their clients. Immunity rights for advocates, according to her, are only applied when the lawyers protect their client’s interest inside the court. Other that, immunity rights to not apply.
“Lawyers cannot avoid their responsibility by taking refuge in the immunity rights stated in Article 16 of the Advocate Law,” she said on Tuesday.
Mrs. Nugroho also said that Article 1365 of the Indonesian Civil Code, requires each individual to pay compensation for their actions if there is present the elements of a violation of laws or regulations, ethics, or compliance, that cause damage, through an unlawful act being committed, for which there is a connection between the unlawful act and the private losses.
In addition, she mentioned that lawyers have to provide professional services, as they received honorarium as a reward. This covers the provision of legal services and other and related services, such as verifying the authentication of certain documents and signatures—which if it not conducted properly, will be treated as tort.
Further, Mrs. Nugroho said that pursuant to Article 1367 of Indonesian Civil Code, the law firm where the lawyers in dispute work at, are also responsible and can be asked for compensation.
“For example, if a truck driver crashes, the company where the driver works needs to pay compensation to cover the truck driver’s limited money,” Mrs. Nugroho explained.
Munir Fuady, another legal expert brought by Sumatra, explained the criteria for the malpractice committed by lawyers. For instance, legal services are below proper standards or violates the fiduciary duty of lawyers both consciously and unconsciously, the service provided contradicts applicable laws and regulations, and causes private loss for the client or third party involved.
In addition, Mr. Fuady said that lawyers cannot use the immunity right for purposes other than protecting the interests of and serving clients. He warned lawyers to uphold their code of ethics in conducting their job, as stated in Article 16 of the Advocate Law.
“They are free to execute their job as long as they are not violating the law and code of ethics. If they do, then they are wrong,” Mr. Fuady concluded.
(hot/kc)