Legal counsel Actaviani Carolina Laromang Putri conveying the petition’s subject matters at the preliminary hearing of the judicial review of Law No. 18 of 2003 on Advocates, Monday (2/12/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — Deddy Rizaldy Arwin Gommo, an advocate, challenges Article 28 paragraph (3) of Law No. 18 of 2003 on Advocates as interpreted in Constitutional Court Decision No. 91/PUU-XX/2022. He believes the article is in violation of Article 27 paragraph (1), Article 28D paragraph (1), and Article 28E paragraph (3) of the 1945 Constitution.

After the Decision, Article 28 paragraph (3) reads, “A Leader of an Advocate Organization shall hold their office for 5 (five) years and can only be reelected 1 (one) time for the same position, either consecutively or not, and shall not concurrently hold a leadership position in a political party, either at the Central or Regional level.”

The Petitioner’s legal counsel, Actaviani Carolina Laromang Putri, at the hearing said the enforcement of the article has led to obscurity and legal uncertainty on the position of advocate organization leadership. Thus far, the limitation of this position is only based on the organization’s statute/bylaws. However, given their immense authority in policymaking and influence on the members, their involvement in political parties should be regulated.

“So, there is a strong and certain emphasis in statutory laws to regulate limitation over the position of advocate organization leadership,” Actaviani said at the panel preliminary hearing for case No. 22/PUU-XXII/2024, taking place in the plenary courtroom on Monday, February 12, 2024, with Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Anwar Usman and Daniel Yusmic P. Foekh presiding.

In the petition, the Petitioner explained that a restriction against advocate organization leaders participating in the election campaign for presidential and vice-presidential candidates serves to maintain the advocate’s integrity, independence, and dignity as mandated by Article 20 of the Advocate Law. If such restriction is not imposed, the goal might not be achieved.

Such involvement can raise questions over the advocate’s independence and freedom in providing legal services without any political influence that can harm clients or the wider public. It is important to note that the people have a constitutional right to fair, neutral, and independent legal services. If advocate organization leaders are involved in political activities that are not in line with the restriction in Article 20 of the Advocate Law, the people’s constitutional right to legal services that are free from political interventions may be harmed.

“With the aforementioned elaboration, it is appropriate and reasonable to prohibit advocate organization leaders from joining the campaign team of presidential and vice-presidential candidates. [It] can be seen as an effort to maintain the advocate’s freedom and independence, which in turn will ensure that the legal services provided remain of high quality and fairness,” Actaviani said.

She added that such restriction can ensure the people’s constitutional right to legal services that are free from political intervention so that their trust in the profession can be maintained while their constitutional rights protected. The Petitioner believes that is appropriate and reasonable to limit the position of advocate organization leaders to prevent abuse and misuse of power, such as power consolidation based on the interests of advocate organizations in certain figures or groups.

“It is important to review the implication of the prohibition on advocate organization leaders from joining the campaign team of presidential and vice-presidential candidates, since it can be seen as a proactive step to preventing incidents that can lead to endless polemics,” Actaviani stressed.

In the petitum, the Petitioner requests that the Court declare Article 28 paragraph (3) of the Advocate Law as interpreted in Constitutional Court Decision No. 91/PUU-XX/2022 unconstitutional and not legally binding if not interpreted as “A Leader of an Advocate Organization shall hold their office for 5 (five) years and can only be reelected 1 (one) time for the same position, either consecutively or not, and shall not concurrently hold a leadership position in a political party, either at the Central or Regional level, including as a leader of the campaign team of presidential and vice-presidential candidates.”

Justices’ Advice

At the hearing, Constitutional Justice Anwar Usman advised the Petitioner to explain whether advocates in other countries can join the campaign team of presidential tickets. Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh asked him to elaborate whether “leader of organization” refers to only the chairperson or also the vice chairperson, secretary-general, or the leader at the central level or also at the regional level.

“So that it can convince [the justices]. If it means the chairperson, can the secretary-general or treasurer [join the campaign team]?” he asked.

Before adjourning the hearing, Deputy Chief Justice Saldi Isra announced that the Petitioner would have 14 days to revise the petition and submit it to the Registrar’s Office by Monday, February 26, 2024 at 09:00 WIB. He added that the Petitioner can submit the petition ahead of deadline.

Author       : Mimi Kartika
Editor        : Nur R.
PR            : Tiara Agustina
Translator  : 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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