QUESTIONING THE LEGALIZATION OF THE DISMISSAL OF ADVOCATES BY THE SUPREME COURT
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Abstrak
Abstract:
Background. As one of the main elements in the legal system, advocates have a crucial role in upholding the rule of law in Indonesia. Their duties are not only limited to legal defense, but also include contributions to creating a fair, transparent, and legally certain judicial system.
Aims. This study aims to evaluate in depth the legality of the Supreme Court's actions in removing advocates from their positions.
Methods. This study uses a normative juridical approach, using secondary data as the primary source. The data includes an Ambon High Court Number 44/KPT decree. W27-U/HM. 1. 1. 1/II/2025 and Banten High Court Number 52/KPT. W29/HM. 1. 1. 1/II/2025, Law Number 18 of 2003 concerning Advocates, and various relevant academic references. The data collection method is done through literature studies and legal document reviews. The analysis is carried out qualitatively with a normative approach to assess the suitability of the actions of judicial institutions with the applicable legal provisions.
Result. The results of the analysis show that there is a disorientation in the application of procedural law, even though facts are found that support the violation of the law and professional ethics.
Conclusion. This indicates that the legal process carried out has not fully prioritized the principles of justice and legal certainty as mandated in the judicial system in Indonesia.
Implementation. The disparity between violations and sanctions enforcement shows that procedural law has not only been procedurally flawed but has also ignored fundamental values such as justice, legal certainty, and institutional accountability. This condition requires a thorough evaluation of procedural law's implementation to build a legal system that is more integrity and responsive to substantive justice.
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Referensi
Abdulkadir Muhammad, Ethics of the Legal Profession, Bandung: Citra Aditya Bakti, 2006.
Anda N, "Recognizing Contempt of Court as a Form of Crime in the Judicial Process," Indonesian Legal Literacy, published September 29, 2024, accessed March 18, 2025, https://literasihukum.com/mengenal-contempt-of-court-sebagai-bentuk-kejahatan-dalam-proses-peradilan/.
Artaji, Anita Afriana, Elis Rusmiati, Efa Laela Fakhriah, and Sherly Ayuna Putri, "The Existence of the Contempt of Court Institution in the Judiciary in Indonesia," Faculty of Law, University of Padjadjaran, accessed on March 20, 2025, https://media.neliti.com/media/publications/332609-contempt-of-court-in-indonesian-regulati-9e52cfe6.pdf.
Artidjo Alkostar, The Role and Challenges of Advocates in the Era of Globalization (Yogyakarta: FH UII Press, 2010).
Asyura, M., A. Rani, F., & Ismail, I., "The Authority of the Chief Justice of the Supreme Court to Issue the Decree of the Chief Justice of the Supreme Court Number 73/KMA/HK.01/IX/2015 Regarding the Oath of Advocates," Syiah Kuala Law Journal, 2019, 3(3), 429-444, accessed March 20, 2025, https://doi.org/10.24815/sklj.v3i3.12611.
Beby Sendy Vania Iftitah, Erisca Sabrina, 'Law Enforcement Against Code of Ethics Violations Committed by Advocates at Dpc Peradi Medan', Journal of Education and Teaching Review, 7.3 (2024), pp. 1–7 <https://journal.universitaspahlawan.ac.id/index.php/jrpp/article/view/31002>.
CNN Indonesia. (2025, February 14). The tumultuous chronology of Hotman's trial led to the end of Razman's career. Retrieved March 21, 2025, from https://www.cnnindonesia.com/nasional/20250214071048-12-1198132/kronologi-ricuh-sidang-hotman-berujung-tamat-karier-razman.
Constitutional Court Decision Number 66/PUU-VIII/2010 concerning the Exclusive Authority of Advocate Organizations.
Decree of the Central Honorary Council of PERADI Number 3 of 2007 concerning Guidelines for the Implementation of Handling Complaint Cases of the Central and Regional Honorary Councils.
Law Number 30 of 2014
Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates
Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates, Article 6.
Muhammad, "Suspension of Advocate BAS Should Have a Clear Deadline," hukumonline.com, February 2025, accessed on March 21, 2025, https://www.hukumonline.com/berita/a/pembekuan-bas-advokat-seharusnya-ada-batas-waktu-yang-jelas-lt67b303e41a63e/.
Neisa Angrum Adisti, S.H., M.H., Rizka Nurliyantika, S.H., LL.M., and Taslim, S.H., M.H., Textbook Contempt of Court (Palembang: UPT Publisher and Printing University of Sriwijaya, 2020).
Nelson, F. M. (2025, February). An examination of obstruction of justice and contempt of court in the case of Hotman Paris Vs Razman Nasution. Hukumonline.com. Retrieved March 21, 2025, from https://www.hukumonline.com/berita/a/telaah-obstruction-of-justice-dan-contempt-of-court-dalam-perkara-hotman-paris-vs-razman-nasution-lt67a6491f2f4a1/?page=3.
Novita Sri Wulandari, "Enforcement of the Court's Authority Related to Contempt of Court Reviewed from Administrative Law," Strait Journal 7, no. 1 (2019): 38-49, https://doi.org/10.31629/selat.v7i1.1520.
Prof. H. Oemar Seno Adji, Free Justice and Contempt of Court (Jakarta: Diadit Media, 2007).
Subekti, Law and Society (Jakarta: Erlangga Publishers, 1973), p. 45.
Wibowo, S. E., et al. (2016). Indonesian code of ethics for advocates (S. S. Seger, Ed.). Surabaya: Narotama University Press.