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Constitutional Justice Saldi Isra speaking at a Special Education of Professional Advocate (PKPA) virtually, Friday (4/12/2020) from Jakarta. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Constitutional Justice Saldi Isra spoke at a Special Education of Professional Advocate (PKPA) on “How to be A Good Lawyer” on Friday afternoon, December 4, 2020. The event was organized by the Padang branch executive board (DPC) of the Association of Indonesian Advocates (Peradi).

Justice Saldi began his presentation by talking about a popular adage that only lawyers and painters can turn something black into white. “People view this positively, but some say it is a jab at lawyers because only they can turn something wrong into right and something right into wrong. It depends on how we see it. The adage was by a Japanese poet. He could’ve been criticizing lawyers or appreciating them. The Japanese’s compliance to court rulings is among the highest in the world,” he said.

He then quoted the book The Godfather by Mario Puzo, “One lawyer with a briefcase can steal more than a hundred men with guns,” which depicts the power of a lawyer. He then said another quote, “A lawyer without books would be like a workman without tools.” “Therefore, lawyers must read texts that develop skills as lawyers. To motivate participants, I’d like to say: a lawyer is an important profession, a powerful one,” he added.

Advocates in the Eye of the Law

Justice Saldi added that Law No. 18 of 2003 on Advocates stipulates that the advocate is free, independent, and responsible in enforcing the law. It is within the judicial powers. "In that context, no matter how free an advocate is, no matter how independent an advocate is, their work ends in law enforcement," he explained.

The law also states that the advocate provides legal services both inside and outside the court. And a lawyer doesn't have to always appear in court, as their work may extend beyond litigation. Advocates who work outside the court are no less successful than those in court.

The Advocate Law also regulates the services provided by advocates: providing consultation and legal assistance, exercising power of attorney, representing, assisting, defending, taking legal action for, and other interests related to clients. Advocates must also have good conduct, honesty, responsibility, fairness, and integrity. Justice Saldi stressed the importance of good conduct and honesty for advocates. Advocates, he said, must be straightforward about the case and not hide any legal fact. Only after studying the case closely should they dispense advice to clients.

He recounted a case where several lawyers petitioned a provision on presidential threshold on behalf of Ki Gendeng Pamungkas, who had actually passed away. These lawyers confirmed that the petitioner was not Ki Gendeng Pamungkas, whose passing was widely publicized in the press. The justices asked them to present the petitioner at the following hearing, but they couldn’t and finally admitted that their petitioner was Ki Gendeng Pamungkas, who had passed away. “Why since the beginning did they not admit that the principal petitioner have died? This shows an issue of honesty and integrity when lying in court is a serious ethical issue,” he added.

Qualities of Good Lawyers 

Justice Saldi added that good lawyers must enjoy discussions with sound arguments. They must also read a lot, practice on critical thinking, and be able write and argue well and politely. “Good lawyers must also have persuasion skills, are not egotistical, help others, and be a good listener. You must listen to your clients’ experience and explain the legal facts. The persuasion skills are not only to attract clients, but are also needed when arguing in court. [You must be] calm, not force your opinions, not display temper, and so on,” he said.

Good lawyers, Justice Saldi said, must also have negotiation skills to convince the justices, to discuss with their clients, and must be able to keep their temper. He revealed that well-known lawyer Todung Mulya Lubis rarely raises his voice in court. He believes good law must also organize arguments well. He also stressed the importance of reading skills to supplement arguments, as well as patience and in-depth research.

Writer: Nano Tresna Arfana
Editor: Nur R.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 12/07/2020 17:07 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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