Act of Advocacy is the subject for another Judicial Review, after Ismet from Indonesian Advocate Congress (KAI) plead for Advocate’s Affair Permission. The Trial was held on Tuesday (8/7) at MK Plenary Room.

In his pleading, Ismet admits that his constitutional rights was harmed by the validity of Article 4 verse (1) and (3) Act 18/2003 about Advocacy. Both regulations determine the Advocate to take on oath preceding his/her duty in an open hearing at Circuit Court.

According to Ismet, the regulation hinders his Constitutional Rights to work as advocate. His Oath cannot be taken due to his membership in KAI. The regulation forced him to become Indonesian Advocate Association (Peradi) first before his oath taken. Due to this regulation his occupancy is barred.

In the Patrialis Akbar-led trial, Ismet delivered several obstacles which hampered him while handling a case. “Sometimes Judge decline our cases due to the organizational problems, while some Judges ask me to be sworn by the Circuit Court,” Ismet said

After hearing the Applicant argument, Patrialis suggests the Applicant to sharpen his Application. The case derives from actual occurrence. Patrialis reminds the Applicant to explain the disadvantage of the valid Act. Patrialis also suggests the Applicant to attach the petitum.

“If the phrase of Circuit Court opposes the Constitution, how about other phrases?. How if another problem smears? If the Circuit Court removed how will the oath be taken?. We can only suggest, please be considering about the petitum,” Patrialis suggests. (Yusti Nurul Agustin/mh/kun)