Norms contained in the Advocates Act is actually a manifestation of the will of their own advocate. That is, the law of the lawyers should be the basis of that first there is no legislation to provide a foothold in their profession. Now there are laws that govern it, so that there is certainty in defense of his client.
It was raised by Mualimin Abdi as representative of the Government, in the judicial review trial of Act 18/2003 on Advocates - Case No. 26/PUU-XI/2013 - on Thursday (18/4) afternoon at the Plenary Room of the Constitutional Court.
"However, the government understands that it may be at the time the legislation was discussed, senior advocates were present different spirit to give things related rights and obligations. Compared advocate who now conduct a judicial review of the articles of Law Advocate," said Mualimin Abdi, Head of Research and Development of Human Rights Ministry of Law and Human Rights.
Indeed, Mualimin said, for the next session of the first advocates involved in the preparation of the Advocate Law invited to attend, in order to know for sure the original intent of the law itself. So that in the future, there is no longer associated with the Act petition itself advocates.
Mualimin continued, the government is also aware that the criminal justice system in the arena there was indeed a chain of law enforcement that could not be denied to one another. Although, the foundation of law enforcement has a basic regulation.
"For example, police have the Police Act, the prosecutor has Law Attorney, Advocates Act advocates have, which is also in the existing criminal justice system Law Commission which regulates matters related to the eradication of corruption," said Mualimin to the judges, led by Chief Justice M. Akil Mochtar.
Therefore, continued Mualimin, because the laws governing the enforcement of law is governed by its own governing law, then the law enforcement cannot be equated with one another.
"In the prosecutor for example, there is no commission nor the prosecutor’s own internal watchdog. The judge also exists, the Commission also has Honorary Council of the Commission, and advocates also associated with a code of ethics that do advocate unity itself," explained Mualimin.
Thus, according to the Government, basically things that are associated with "immunity rights" advocates itself are set up such that the Advocates Act itself is in Chapter Rights and Obligations.
"The law itself is to give freedom to advocate on matters under their responsibility in defending the client, either out of court or in the court itself," said Mualimin.
According to schedule, the hearing PUU No. 18/2003 on Advocates presents Party Government and the Parliament. But for one reason or another, the House did not attend the hearing. As it was known, the Petitioner in judicial review of Act 18/2003 on Advocates was Rangga Lukita Desnata et al. reviewing Article No. 16. (Nano Tresna Arfana / mh)
Thursday, April 18, 2013 | 12:48 WIB 84