The Petitioner's legal counsel presenting the main subject of his petition at the preliminary panel hearing of the judicial review of Law No. 18 of 2003 on Advocates, Monday (26/08/2024). Photo by MKRI/Ifa.

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Jakarta, MKRI—Nine advocates requested a judicial review of Article 3 paragraph (1) letter d of Law No. 18 of 2003 on Advocates (Advocates Law). According to petitioners of case No. 108/PUU-XXII/2024, the minimum age requirement to be appointed as an advocate inhibits a citizen from contributing and working as an advocate, so it is considered contradictory to Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

“According to the Petitioners, there is a loss of the Petitioners' constitutional rights with the enactment of Article 3 paragraph (1) letter d of Law No.18 of 2003 on Advocates, in the form of the loss of opportunities for fresh graduates with a law education background to immediately become advocates, causing unemployment among law graduates, contributing to the laziness of law students to graduate quickly, and the influx of retired police, soldiers, judges, prosecutors, and civil servants to become advocates so that the advocate profession is like a shelter or wastebasket of the legal profession,” said the Petitioners' legal counsel, Nadya Prita D Gemala in a preliminary hearing on Monday, August 26, 2024.

Article 3 paragraph (1) letter d of Law No.18 of 2003 reads in full, “To be appointed as an Advocate, one must fulfill the following requirements: d. be at least 25 (twenty-five) years old”. The Petitioners feel that law students in Indonesia who graduate quickly at the age of 20 years, 21 years, and 22 years will be forced to be unemployed after becoming a graduate because to be sworn in as an advocate, they must be at least 25 years old.

The Petitioners elaborated on the comparison of Indonesia's legal system for the appointment of advocates with Malaysia, Japan, and the Netherlands. According to the Petitioners, age is not the benchmark for a person to be appointed as an advocate in a number of countries, but there are academic requirements and internship requirements.

Moreover, the Petitioners mentioned that in the United Kingdom, Gabrielle Turnquest, a teenager who was appointed as an advocate at the age of 18, was also considered the youngest lawyer in British history. Thus, said the Petitioners, age cannot be used as a benchmark for a person to be appointed as an advocate.

In their petitum, the Petitioners request the Court to declare Article 3 paragraph (1) letter d of Law No. 18 of 2003 contrary to Article 28D of the 1945 Constitution. The Petitioners also request that the article be declared to have no binding legal force as long as it is not interpreted, “To be appointed as an Advocate, you must fulfill the following requirements: (d) be at least 23 (twenty-three) years old and not more than 45 (forty-five) years old”.

Justices’ Advice

The case was heard by a panel of Justices led by Deputy Chief Justice Saldi Isra alongside Justice M. Guntur Hamzah and Justice Ridwan Mansyur. Deputy Chief Justice Saldi Isra said that Petitioners must explain legal reasoning for lowering the minimum age requirements and limiting the maximum age to become an advocate. Then, the reasons must be linked to the petitioners' legal standing, including factual and potential constitutional losses.

“It must be explained what are the Petitioners’ losses related to the numbers being proposed for legal standing. If [you] cannot pass the legal standing, then it’s finished, it will be inadmissible,” Deputy Chief Justice Saldi Isra said.

Before concluding the hearing, Deputy Chief Justice Saldi conveyed that Petitioners may revise their petition within 14 days. The revision must be submitted no later than Monday, September 9, 2024, at 14.00 Western Indonesian Time.

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha Marsaulina

Translator: Rizky Kurnia Chaesario (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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