Legal Framework for Advocates Profession Programs up for Judicial Review

  • On 25 March 2019, the Indonesian Advocates Congress (Kongres Advokat Indonesia – “KAI”) filed a petition for an official judicial review of Regulation of the Minister of Research, Technology and Higher Education No. 5 of 2019on Professional Advocates Programs (“Regulation 5/2019”) at the Supreme Court on the basis that it is in contradiction with Law No. 18 of 2003on Advocates (“Advocates Law”).
  • KAI President, Tjoetjoe Sandjaja Hernanto, has sought to draw attention to two specific issues relating to Regulation 5/2019 which he believes run contrary to the Advocates Law, specifically: 1) Regulation 5/2019 seemingly eliminates Special Education Programs for Advocates Profession (“PKPA”), as organized by advocates organizations, including the Advocates Profession Test (“UPA”) and internship requirement, as mandated under the Advocates Law; and 2) The granting of advocate titles without the need to pass the UPA, as mandated under Article 5 (2) of Regulation 5/2019, is believed to be in contradiction with Article 3 (1) of the Advocates Law.
  • In addition, KAI Vice President, TM Luthfi Yazid, recently declared Regulation 5/2019 to be substantially flawed due to the fact that it compromises the independence of professional advocates.
  • For more on this story, see Hukumonline: “Alasan KAI ‘Gugat’ Permenristekdikti Program Profesi Advokat ke MA”
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  • On 25 March 2019, the Indonesian Advocates Congress (Kongres Advokat Indonesia – “KAI”) filed a petition for an official judicial review of Regulation of the Minister of Research, Technology and Higher Education No. 5 of 2019on Professional Advocates Programs (“Regulation 5/2019”) at the Supreme Court on the basis that it is in contradiction with Law No. 18 of 2003on Advocates (“Advocates Law”).
  • KAI President, Tjoetjoe Sandjaja Hernanto, has sought to draw attention to two specific issues relating to Regulation 5/2019 which he believes run contrary to the Advocates Law, specifically: 1) Regulation 5/2019 seemingly eliminates Special Education Programs for Advocates Profession (“PKPA”), as organized by advocates organizations, including the Advocates Profession Test (“UPA”) and internship requirement, as mandated under the Advocates Law; and 2) The granting of advocate titles without the need to pass the UPA, as mandated under Article 5 (2) of Regulation 5/2019, is believed to be in contradiction with Article 3 (1) of the Advocates Law.
  • In addition, KAI Vice President, TM Luthfi Yazid, recently declared Regulation 5/2019 to be substantially flawed due to the fact that it compromises the independence of professional advocates.
  • For more on this story, see Hukumonline: “Alasan KAI ‘Gugat’ Permenristekdikti Program Profesi Advokat ke MA”
......

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Hukumonline Pro Intelligence

Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda

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*Syarat dan ketentuan berlaku
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