A judicial review hearing of the Advocate Law to examine the revisions to a petition by Zico Leonard D. Simanjuntak, Monday (10/9/2023). Photo by MKRI/Ilham W.M.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Article 16 of Law No. 18 of 2003 on Advocates. The petition was filed by Zico Leonard D. Simanjuntak. The second hearing for case No. 108/PUU-XXI/2023 was held on Monday, October 9, 2023 in the plenary courtroom. The panel consisted of Constitutional Justices Manahan M.P. Sitompul, Enny Nurbaningsih, and M. Guntur Hamzah.

The hearing was to examine the revised petition. Legal counsel Deddy Rizaldy A.G. mentioned the revisions included the affirmation of legal certainty by explaining the authority of the advocate organization’s Ethics Council to examine an advocate’s “good faith”, whether it is in line with the advocates’ code of ethics or not, or if it is found that the advocate has been convicted of violating the provisions of criminal or civil law based on a court decision that has permanent legal force, the Council can decide that the advocate is not in good faith.

The Petitioner also strengthened the argument that the case is not ne bis in idem with petitions that The Court had ruled. However, he changed the posita relating the constitutional issue of legal process on advocates, which should be preceded by examination by the advocates’ organization Ethics Council before other legal proceedings.

We have also made a comparison of the profession of advocates and notaries who are dealing with the law that the advocate profession has not been comprehensively protected by their immunity rights,

Also read: Petitioner Affirms Advocate’s Right to Immunity

Zico Leonard D. Simanjuntak challenges the elucidation to Article 16 of Law No. 18 of 2003 on Advocates (Advocate Law), which reads, “‘Good faith’ shall mean carrying out professional duties for the sake of upholding justice based on the law to defend the interests of clients. A ‘court hearing’ shall be defined as a hearing at any level of court in any judicial environment.”

At the preliminary hearing, through legal counsel Deddy A.G, the Petitioner argued that the enactment of the norm has caused legal uncertainty over the advocate’s right to immunity in carrying out their profession, which is not limited to court hearings in criminal and civil cases or other cases. It is fairly common for advocates to use their expertise to protect clients by taking legal actions, such as issuing a legal notice on their behalf, negotiating and cooperating with relevant parties, or providing statements concerning the case at hand.

In his petition, the Petitioner argues that advocates need immunity in defending clients and avoid prosecution when doing so, either criminally or civilly. Advocates such as O.C. Caligis, Fredrich Yunandi, Mamarata Ambarita, Lamberatus Palang Ama, Haposan Hutagalung, and Susitur Handayani had had their right to immunity be violated by other law enforcers, causing concerns in other advocates when carrying out their duties.

Therefore, in his petitum, the Petitioner requests the Court to declare the Elucidation to Article 16 of the Advocate Law unconstitutional and not legally binding if not interpreted as “Good faith’ shall mean carrying out professional duties for the sake of upholding justice based on the law to defend the interests of clients. In the event that the advocate is implicated in a legal process, it must be proven by a decree of the Advocate’s Ethics Council. A ‘court hearing’ shall be defined as a hearing at any level of court in any judicial environment.  ‘Outside of court hearing’ shall be defined as all further legal efforts for the client’s benefit, including news reporting and press releases about the case.”

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Tiara Agustina
Translator  : Nyi Mas Laras Nur Inten Kemalasari/Yuniar Widiastuti (NL)

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

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