Eschewing Nebis in Idem, Advocates Plegde Petitioner Adds Touchstone
Image


Ismet, legal advisor of Indonesian Advocate Congress (KAI) who once pleaded for advocate procedure permits, revised his petition. In the trial, held on Monday (11/17), Ismet hinted that revision has been applied, one of which comprises touchstone addition.

Toward the Panel, Ismet said that basis of the judicial review on Article 4 paragraph 1 and 3 Advocate Law was added using Article 28H paragraph 2 1945 Constitution. Previously, Ismet used just Article 28D paragraph 1, 2, and 3 1945 Constitution as touchstone. By the addition, Ismet argued Article 4 paragraph 1 Advocate Law has harmed 1945 Constitution and hinders equal opportunity to glorify fairness and just.

Within the addition, Ismet convinced his recent petition is different to the previous one which had been adjudicated by the Court. "Thus, the provisions of the Act of 1945 is used as the basis to challenge the provisions of Article 4 paragraph (1) and (3) of Advocate Law., "said Ismet trying to convince the Panel of Justices.

Despite touchstone changing, Ismet perpetuated the same petition argues. Ismet maintained that the provisions of Article 4 paragraph (1) and paragraph (3) of Advocates Law contain the constitutionality issue. He also argued that there are differences in interpretation between the Court\'s decision No. 101 / PUU-VII / 2009 with the Supreme Court interpretation of the provisions of a quo Articles.

Previously, MK interpreted that the Article so that it is mandatory for advocates to pledge an oath in Circuit Court before occupying his/her profession.  However, Supreme Court refused oath performed by Peradi non-members, including the Plaintiff who is incorporated in KAI.  

After listening to the points of revised petition, Constitutional Justice Anwar Usman examined the evidence submitted by the Petitioner. After checking its validity, Anwar also certified eleven evidences. "We have received the revision that you have already laid back. Next the Assembly would endorse the evidences you asked. Written proof, P-1 to P-11, "said Anwar. (Yusti Nurul Agustin/kun)


Monday, November 17, 2014 | 18:29 WIB 88