Application for authority dispute between state institutions (SKLN) filed Working Committee of Indonesian Advocates (KKAI) of the Supreme Court of the Republic of Indonesia (MA-RI) was not accepted by the Constitutional Court (MK). Court pronounced the verdict in the trial case 5/SKLN-IX/2011 held on Wednesday (02/08/2012) afternoon, the petition states KKAI unacceptable.

KKAI appealed to the Court to decide between KKAI SKLN with MA RI. KKAI postulated that the issuance of Letter of MA No. 089/KMA/VI/2010 dated June 25, 2010 Number 052/KMA/HK.01/III/2011 conjunction Letter dated March 23, 2011, MA considered to have the authority to set professional organizations Advocate, with the name PERADI (Indonesian Advocates Association) and KAI (Indonesian Advocate Congress). This is according KKAI seems to have no agreement before the Supreme Court that the sole forum for Advocates’ profession is PERADI.

Supreme Court issued two letters are considered KKAI have exceeded the authority granted by the 1945 Constitution. For organizations PERADI and KAI are not found in the Advocates Act. And setting the name PERADI KKAI KAI is also considered as a form of discrimination, as well as intervention by inhibiting the function KKAI Advocates organization.

According to the Court, whose authority SKLN granted by the 1945 Constitution have to fulfil the terms of the legal position as follows: a. The parties to the dispute (subjectum litis) the Applicant and the Respondent should be a state agency whose authority is granted by the 1945 Constitution; b. Disputed authority (objectum litis) shall constitute the authority granted by the 1945 Constitution; c. The applicant must have a direct interest of the powers conferred by the 1945 disputed.

Meanwhile, KKAI not a state agency and not referred to in the 1945 Constitution that the Court is not a SKLN KKAI petition as prescribed in Article 24C paragraph (1) of the 1945 Constitution, Article 61 paragraph (1) of the Constitutional Court, Article 3, paragraph (1) of the Court Number 08/PMK/2006 constitution of a guideline for examining disputes to the State Constitutional Authority. (Rosihin Nur Ana / mh/Yazid.tr)