Ada Pertanyaan? Hubungi Kami 
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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Tri Yuanita Indriani
Advocate Inauguration. Photo by: RES.
A series of photographs featuring Head of the National Professional Certification Authority (BNSP) Decision No. Kep.0562/BNSP/V/2016 (2016 BNSP Decision), which was posted on the official Facebook page of the Indonesian Advocates Association (PERADI), was recently thrust into the national spotlight. The 2016 BNSP Decision, dated 24 May 2016, grants the Indonesian Professional Certification Agency for Lawyers (LSP for Lawyers) the authority to conduct certification processes for any individuals who are intending to become a professional lawyers.
The issuance of the 2016 BNSP Decision is a part of the BNSP’s plan to establish various professional certification programs in preparation for the ASEAN Economic Community. A number of sectors are considered to be in dire need of such certification programs, including agro industry, natural rubber, timber, logistics, health, tourism, air transportation, as well as telecommunications and information.
The 2016 BNSP Decision stipulates four certification schemes for prospective lawyers, covering junior lawyers, lawyers, senior lawyers, and primary lawyers. Each of these schemes encompasses different skills and competencies. For example, the certification process for junior lawyers includes competency units which cover pre-contract consultation, the drafting of legal service contracts, the compiling of various legal materials to be used while assisting clients, and the performing of legal audits. Meanwhile, the certification process for senior lawyers includes competency units which cover the evaluation, submission, and archiving of all legal assistance services provided by senior lawyers.
Members of PERADI’s official page immediately reacted in uproar against the posting of the photos depicting the 2016 BNSP Decision, and most of the resulting 150 comments challenged the plans.
The Indonesian Legal Aid Foundation (YLBHI) has now demanded that the Head of the BNSP revoke the 2016 BNSP Decision. The YLBHI bases this demand on a number of problems which it claims exist with the issuance of the 2016 BNSP Decision. Firstly, the term “lawyer” is no longer incorporated into any regulatory framework currently governing the profession of lawyers. For example, the official terms used in Article 32 (1) of Law No. 18 of 2003 on Advocates (Advocates Law) are “advocates”, “legal assistants”, “legal practitioners”, and “legal consultants”.
Secondly, the BNSP has no authority over the legal profession and has no institutional connection with the certification of lawyers. According to the YLBHI, Government Regulation No. 32 of 2004, as the basis for the establishment of the BNSP, does not mention the Advocate Law in its legal considerations. Therefore, the issuance of the 2016 BNSP Regulation has been deemed unlawful, as the BSPN is not legally recognized in this context.
Thirdly, Articles 2 and 3 of the Advocate Law give a mandate to the bar association as regards the licensing process for practicing lawyers. In practice, the bar association has implemented a system whereby candidate lawyersare required to follow mandatory Professional Legal Courses for Lawyers (Pendidikan Khusus Profesi Advokat - PKPA), as well as pass the bar exam.
“The competency certification and examination prescribed under the 2016 BNSP Decision definitely contradict the Advocate Law, which has already delegated such authority to the bar association,” the YLBHI asserted in an official statement which was issued on Thursday, 2 June 2016.
Hampering Legal-Aid Provisions
The YLBHI also asserted that its rejection of the 2016 BNSP Decision was also grounded in its potential to impact and hinder the practice of pro bono legal aid in Indonesia, which is desperately in need of more lawyers.
The YLBHI also argues that prior to the professional certification introduced under the 2016 BNSP Regulation, Law No. 16 of 2011 on Legal Aid (Legal Aid Law) had already established conditions for legal-aid services. These conditions were regulated in detail under Minister of Law and Human Rights Regulation No. 22 of 2013, which was an implementing regulation to Government Regulation No. 42 of 2013 on Requirements and Procedures for Legal Aid and Legal-Aid funding.
“The various certification and competency examination requirements stipulated under the 2016 BNSP Regulation are clearly not accommodated under the Legal-Aid Law, and could instead hamper the provision of legal aid. Not to mention the fact that the number of lawyers offering such legal aid remains very small,” the YLBHI emphasized in its statement.
The YLBHI also demanded that President Joko Widodo and the Minister of Employment, M. Hanif Dakhiri, undertake a thorough institutional evaluation of the BNSP’s official management, starting from its Head and Vice-Head, and extending to its other members.
Hukumonline’s attempts to obtain official clarification from the BNSP regarding this issue were not successful.
(hs/sp)
Marcell Sihombing, Tri Yuanita Indriani
Advocate Inauguration. Photo by: RES.
A series of photographs featuring Head of the National Professional Certification Authority (BNSP) Decision No. Kep.0562/BNSP/V/2016 (2016 BNSP Decision), which was posted on the official Facebook page of the Indonesian Advocates Association (PERADI), was recently thrust into the national spotlight. The 2016 BNSP Decision, dated 24 May 2016, grants the Indonesian Professional Certification Agency for Lawyers (LSP for Lawyers) the authority to conduct certification processes for any individuals who are intending to become a professional lawyers.
The issuance of the 2016 BNSP Decision is a part of the BNSP’s plan to establish various professional certification programs in preparation for the ASEAN Economic Community. A number of sectors are considered to be in dire need of such certification programs, including agro industry, natural rubber, timber, logistics, health, tourism, air transportation, as well as telecommunications and information.
The 2016 BNSP Decision stipulates four certification schemes for prospective lawyers, covering junior lawyers, lawyers, senior lawyers, and primary lawyers. Each of these schemes encompasses different skills and competencies. For example, the certification process for junior lawyers includes competency units which cover pre-contract consultation, the drafting of legal service contracts, the compiling of various legal materials to be used while assisting clients, and the performing of legal audits. Meanwhile, the certification process for senior lawyers includes competency units which cover the evaluation, submission, and archiving of all legal assistance services provided by senior lawyers.
Members of PERADI’s official page immediately reacted in uproar against the posting of the photos depicting the 2016 BNSP Decision, and most of the resulting 150 comments challenged the plans.
The Indonesian Legal Aid Foundation (YLBHI) has now demanded that the Head of the BNSP revoke the 2016 BNSP Decision. The YLBHI bases this demand on a number of problems which it claims exist with the issuance of the 2016 BNSP Decision. Firstly, the term “lawyer” is no longer incorporated into any regulatory framework currently governing the profession of lawyers. For example, the official terms used in Article 32 (1) of Law No. 18 of 2003 on Advocates (Advocates Law) are “advocates”, “legal assistants”, “legal practitioners”, and “legal consultants”.
Secondly, the BNSP has no authority over the legal profession and has no institutional connection with the certification of lawyers. According to the YLBHI, Government Regulation No. 32 of 2004, as the basis for the establishment of the BNSP, does not mention the Advocate Law in its legal considerations. Therefore, the issuance of the 2016 BNSP Regulation has been deemed unlawful, as the BSPN is not legally recognized in this context.
Thirdly, Articles 2 and 3 of the Advocate Law give a mandate to the bar association as regards the licensing process for practicing lawyers. In practice, the bar association has implemented a system whereby candidate lawyersare required to follow mandatory Professional Legal Courses for Lawyers (Pendidikan Khusus Profesi Advokat - PKPA), as well as pass the bar exam.
“The competency certification and examination prescribed under the 2016 BNSP Decision definitely contradict the Advocate Law, which has already delegated such authority to the bar association,” the YLBHI asserted in an official statement which was issued on Thursday, 2 June 2016.
Hampering Legal-Aid Provisions
The YLBHI also asserted that its rejection of the 2016 BNSP Decision was also grounded in its potential to impact and hinder the practice of pro bono legal aid in Indonesia, which is desperately in need of more lawyers.
The YLBHI also argues that prior to the professional certification introduced under the 2016 BNSP Regulation, Law No. 16 of 2011 on Legal Aid (Legal Aid Law) had already established conditions for legal-aid services. These conditions were regulated in detail under Minister of Law and Human Rights Regulation No. 22 of 2013, which was an implementing regulation to Government Regulation No. 42 of 2013 on Requirements and Procedures for Legal Aid and Legal-Aid funding.
“The various certification and competency examination requirements stipulated under the 2016 BNSP Regulation are clearly not accommodated under the Legal-Aid Law, and could instead hamper the provision of legal aid. Not to mention the fact that the number of lawyers offering such legal aid remains very small,” the YLBHI emphasized in its statement.
The YLBHI also demanded that President Joko Widodo and the Minister of Employment, M. Hanif Dakhiri, undertake a thorough institutional evaluation of the BNSP’s official management, starting from its Head and Vice-Head, and extending to its other members.
Hukumonline’s attempts to obtain official clarification from the BNSP regarding this issue were not successful.
(hs/sp)