Ratio Legis of Regulation of Single Organizations of Advocates in Law Number 18 of 2003 Concerning Advocates

Aini Novita Erine (), Sudarsono (), Masruchin Ruba'i () and Ismail Navianto ()
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Aini Novita Erine: Faculty of Law, University of Brawijaya, Malang, Indonesia
Sudarsono: Faculty of Law, University of Brawijaya, Malang, Indonesia
Masruchin Ruba'i: Faculty of Law, University of Brawijaya, Malang, Indonesia
Ismail Navianto: Faculty of Law, University of Brawijaya, Malang, Indonesia

Technium Social Sciences Journal, 2021, vol. 20, issue 1, 413-418

Abstract: Article 28 paragraph (1) Law Number 18 of 2003 concerning Advocate mandates a single advocate organization. Based on this provision, PERADI was formed, which is an advocate organization in Indonesia. However, in its development, the Supreme Court issued the Chief Justice Letter of the Supreme Court Number 73 / KMA / HK.01 / IX. / 2015 which authorizes the high court to swear an attorney who meets the requirements of any advocate organization. The enactment of the Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015 is deemed to have damaged the system of appointing advocates and has decreased the quality of the advocate profession. The method used in this research is the normative legal research method. The results of this study are ratio legis concerning the regulation of a single advocate organization as referred to in Article 28 paragraph (1) of Law Number 18 of 2003 concerning Advocates is to maintain the professionalism and moral integrity of Advocates. With an educational function, the advocate professional forum was formed to improve the quality of the profession. This also concerns its position as a free and independent organization. It is hoped that the Advocate organization can become an institution that maintains and helps uphold the values of justice in society by being a counterweight to other law enforcement agencies.

Keywords: Ratio Legis; Single Organizations; Advocate (search for similar items in EconPapers)
Date: 2021
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