SKLN KKAI vs. MA: Petitioner Repaired the Petition
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Hearing improvement 5/SKLN-IX/2011 case number on Dispute Authority of the State Institutions Working Committee of Indonesian Advocates (KKAI) of the Supreme Court (MA) was held in the Hearing Panel, Friday (25/11). In the hearing, the applicant is represented by Suhardi Somomoelyono. He said that he had already improved the legal standing (the right to sue) in accordance with the advice of the Constitutional Panel of Judges.

"There are some we added and some we lose, all I have peeled the application of this improvement," said one of the Petitioner’s attorney Dominggus Luitnan Maurits, in front of Judge of the Constitutional Assembly made up of Anwar Usman (chairman), Achmad Sodiki, and Muhammad Alim.

Dominggus further said that we also have to improve and eliminate interlocutory decision and in accordance with the advice of the Constitutional Panel of Judges."Just a matter of authority alone that we added in the application of these improvements," said the Petitioner’s attorney.

Usman Anwar as leader of the end of the trial said that if the trial is no longer to be conveyed by the Applicant. Furthermore, said Anwar, the Panel will report the results of this trial to the Consultative Meeting. And the outcome of the trial, the applicant is required to wait for news from the secretariat of the Constitutional Court.

Meanwhile the previous trial, Petitioner questioned Article 36 of Act no. 3 / 2009 on the Second Amendment Act 14/1985 on the Supreme Court. Petitioner argues that pursuant to Law no. 18/2003 on Advocates stated, "The Supreme Court handed the card issuing authority of the organization advocates by advocates, migration or mutation advocate shall be notified to the bodies referred to advocate organization, in this case KKAI to supervise and appoint lawyers in accordance with the Advocate Law ... "

Therefore, according to Petitioner, the authority of the Supreme Court (Respondent) has been clearly acknowledged the existence of the Working Committee of Indonesian Advocates (KKAI) as the agency has the authority as the executive organ of state Advocate Law.

Meanwhile, the Petitioner further, it is still attached to the supervision of the Supreme Court and the Government as provided for in Article 36 of Act no. 3 / 2009 on the Second Amendment Act 14/1985 on the Supreme Court, which reads, "The Supreme Court and the Government shall supervise the attorneys and notaries."

Assess the applicant, the provisions of Article 36 Supreme Court Act is a barrier function in executing the organization KKAI advocate, said article is contrary to the 1945 and have no binding legal force, so that its advocates including KKAI detached, independent, and independent from the supervision of MA and the Government . (Shohibul Umam / mh/Yazid.tr)


Friday, November 25, 2011 | 15:23 WIB 169