Legal counsel Actaviani Carolina Laromang Putri conveying the petition revisions at a judicial review hearing of Law No. 18 of 2003 on Advocates, Monday (2/26/2024). Photo by MKRI/Panji.

---

JAKARTA (MKRI) — Deddy Rizaldy Arwin Gommo, an advocate who challenges Article 28 paragraph (3) of Law No. 18 of 2003 on Advocates as interpreted in Constitutional Court Decision No. 91/PUU-XX/2022 has revised his petition. The revisions to petition No. 22/PUU-XXII/2024 were delivered at a petition revision hearing on Monday, February 26, 2024.

Legal counsel Actaviani Carolina Laromang Putri said the Petitioner asserts that the petition is not ne bis in idem because it has fundamental differences in terms of touchstone, background, and constitutional impairment, thus it fulfills the provision of Article 78 of the Constitutional Court Regulation on the procedural law for judicial review of laws. The Petitioner has also added that the chairperson referred to in the petition is the chairperson of an advocate organization.

The Petitioner believes that the positions of attorney general, head of the national police, and chief supreme justice are the highest positions in those institutions and no one sitting in those positions have joined the campaign team of presidential tickets since it is highly subject to conflict of interest. Such a restriction can be seen as an effort to maintain the freedom and independence of advocates, which in turn will ensure that legal services they provide is of high quality and just.

The Petitioner also added that advocate organizations in the US, Canada, the UK, and Australia regulates political contribution by advocates. Although the provision on participation and contribution in political activities are not explicitly stated, it is implemented to ensure independence, integrity, and trustworthiness of the law enforcement.

“The provision typically includes prohibition or limitation on active participation by members in political events. Such prohibition may include prohibition against becoming the campaign team of certain political candidates,” Actaviani said.

Also read: Petitioner Asks If Advocate Organization Leaders Can Join Election Campaign Teams

At the preliminary hearing on Monday, February 12, 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.

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.

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.” 

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.

---