The trial continued against authority disputes between state agencies held back the Constitutional Court (MK) on Monday (6/5) at the Plenary Court. Number of cases registered with 1/SKLN-XI/2013 was filed by Dominggus Maurits Luitnan and LA Lada representing his peers as an advocate, namely Suhardi Somomoelyono, Abdurrahman Tardjo, Mansjur Abu Bakr, and Metiawati.
Improvement in hearing the petition, the Petitioners maintains legal status and petition. According to the Petitioner, represented by Dominggus, explained the request remains a dispute between the two entities, namely BPHN and advocates represented by the applicant. Regarding the legal position, the Petitioners argue that lawyers are also included within law enforcement as stated in Article 24 paragraph (3) of the 1945 Constitution.
"I departed from the legal standing, is in essence we explained that in accordance with Article 24 paragraph (3) of the Constitution of 1945 that other agencies related to the judicial power source is set in the law, namely Act on Advocates. Therefore, we consider that this category also enter our bodies or institutions we questioned," he said before the panel of judges chaired by Judge Maria Farida Indrati.
Moreover, since we consider reveals that we advocate as well as in Article 5 paragraph (1) of the Advocate that law enforcement is also an advocate with the police, prosecutors, and judges. "Therefore, we see from the construction rather than the Attorney Act that entered also in the function group of judicial power, which is included in other agencies whose functions are related to the judicial authorities," he said.
This request stems from the policy of the National Law Development Board (BPHN) Ministry of Law and Human Rights (Kemenkumham) with open enrollment and verification of legal aid candidates. BPHN step is to register and verify legal aid for candidates judged to have exceeded the authority possessed by the applicant. (Lulu Anjarsari / mh)
Monday, May 06, 2013 | 18:08 WIB 86