 | |
|
Constitutional Court (MK) held a preliminary hearing of Act No.24/2003 on the Constitutional Court - Case No.42/PUU-IX/2011 - on Monday (18 / 7) afternoon. Petitioner is Suhardi Somomoelyono. He is a Chairman of the Central Executive Committee of the General Collective Employment Advocate Indonesia (KPP KKAI) and Chairman of the Central Board of Advocates and Lawyers of Indonesia (DPP HAPi).
Applicant to apply for judicial review against the charge of Article 65 of Act of the Constitutional Court because the charge article is contradictory to Article 28D Paragraph (1) of the 1945 Constitution. Article 65 stated that the Supreme Court can not be a party to the dispute over the authority of state institutions whose authorities are granted by the 1945 Constitution to the Constitutional Court.
In the legal standing of Petitioner explained that the applicant is the founder and Chairman of the KPP KKAI and Chairman of the DPP HAPI. Working Committee of Indonesian Advocates (KKAI) - in which there are seven organizations advocate, among others IKADIN, AAI, IPHI, SPI - as a tangible manifestation of the unity of all advocate / attorney / consultant / legal counsel Indonesian citizens who run the profession advocates.
Then the enactment of Act No.18/2003 on the Advocate, then place the one professional organization that advocates Sharia Lawyers Association of Indonesia (APSI) set out in Article 32 Paragraph (3) of the Advocate. Thus, there are 8 professional organization known advocate in the Advocates Act.
Eight professional organizations that advocate a form of federation, association with Article 28 Paragraph (1) of Act No.18/2003, which reads "The organization advocates is the only container profession advocate a free and independent and established in accordance with the provisions of this law, with the intent and purpose to improve the quality of professional advocate ".
Petitioner explained, the state agency called KKAI regulated by Act No.18/2003 concerning Advocates. While the Supreme Court provided for in Article 24 Paragraph (2) of the 1945 Constitution. Therefore, according to the Petitioner, as the state agency KKAI fittings are parallel to the judicial authorities of the Supreme Court." Both the Supreme Court KKAI and each has its independence and authority in the sense that there is no authority of each intervention," Petitioner said.
Intervention of KKAI Authority
Petitioner continued, despite the Supreme Court and KKAI each has rights and authority, but in practice constitutional, the Supreme Court has always intervened by issuing a letter of authority KKAI No.089/KMA/VI/2010 Supreme Court dated June 25, 2010 Jo. Chief Justice No.052/KMA/HK.01/III/2011 letter dated March 23 of 2011.The letter mentions "In essence, the organization advocates agreed and is the only container profession advocate is Indonesian Advocates Association (PERADI)".
According to the Petitioner, the words of the Supreme Court in the letter was not one soul with 8 professional organizations advocate stipulated in Article 32 Paragraph 3, the provisions of the Code of Ethics of Indonesian Advocates of Article 22 Paragraph (3) set the date of May 23, 2002, authorized under Article 33 of Act No.18/2003Advocates. "Therefore KKAI is a state institution whose authority is granted by the 1945 Constitution, which has a direct interest in the disputed authority as mandated by Article 61 Paragraph (1) of Act No.24/2003 on the Constitutional Court," Petitioner added.
That the bodies referred to as KKAI established pursuant to Article 24 Paragraph (3) of the 1945 Constitution is the fundamental staats norm (norm of the state) as the executor of the Act provided for in Article 34 of Act No.18/2003 on the Advocate, which reads "the implementing rules governing lawyers remain valid as long as not contrary to or not yet formed or replaced with legislation that just as the executor of this Act ".
With the stipulation, it shows that the participation of eight professional organizations advocate contained in Article 32 Paragraph (3) Law Advocates can be run. In addition, the Code of Ethics of Indonesian Advocate of Article 22 Paragraph (3) governing KKAI, then it passed under Article 33 of Act No.18/2003 remain in force.
"Hence the establishment of the organization as a state agency representing 8 professional organization lawyers remain as the parent organization and as executor of the Advocate Law," Dominggus Maurits Luitnan as Petitioner's attorney said. (Nano Tresna A./mh/Yazid.tr)
Applicant to apply for judicial review against the charge of Article 65 of Act of the Constitutional Court because the charge article is contradictory to Article 28D Paragraph (1) of the 1945 Constitution. Article 65 stated that the Supreme Court can not be a party to the dispute over the authority of state institutions whose authorities are granted by the 1945 Constitution to the Constitutional Court.
In the legal standing of Petitioner explained that the applicant is the founder and Chairman of the KPP KKAI and Chairman of the DPP HAPI. Working Committee of Indonesian Advocates (KKAI) - in which there are seven organizations advocate, among others IKADIN, AAI, IPHI, SPI - as a tangible manifestation of the unity of all advocate / attorney / consultant / legal counsel Indonesian citizens who run the profession advocates.
Then the enactment of Act No.18/2003 on the Advocate, then place the one professional organization that advocates Sharia Lawyers Association of Indonesia (APSI) set out in Article 32 Paragraph (3) of the Advocate. Thus, there are 8 professional organization known advocate in the Advocates Act.
Eight professional organizations that advocate a form of federation, association with Article 28 Paragraph (1) of Act No.18/2003, which reads "The organization advocates is the only container profession advocate a free and independent and established in accordance with the provisions of this law, with the intent and purpose to improve the quality of professional advocate ".
Petitioner explained, the state agency called KKAI regulated by Act No.18/2003 concerning Advocates. While the Supreme Court provided for in Article 24 Paragraph (2) of the 1945 Constitution. Therefore, according to the Petitioner, as the state agency KKAI fittings are parallel to the judicial authorities of the Supreme Court." Both the Supreme Court KKAI and each has its independence and authority in the sense that there is no authority of each intervention," Petitioner said.
Intervention of KKAI Authority
Petitioner continued, despite the Supreme Court and KKAI each has rights and authority, but in practice constitutional, the Supreme Court has always intervened by issuing a letter of authority KKAI No.089/KMA/VI/2010 Supreme Court dated June 25, 2010 Jo. Chief Justice No.052/KMA/HK.01/III/2011 letter dated March 23 of 2011.The letter mentions "In essence, the organization advocates agreed and is the only container profession advocate is Indonesian Advocates Association (PERADI)".
According to the Petitioner, the words of the Supreme Court in the letter was not one soul with 8 professional organizations advocate stipulated in Article 32 Paragraph 3, the provisions of the Code of Ethics of Indonesian Advocates of Article 22 Paragraph (3) set the date of May 23, 2002, authorized under Article 33 of Act No.18/2003Advocates. "Therefore KKAI is a state institution whose authority is granted by the 1945 Constitution, which has a direct interest in the disputed authority as mandated by Article 61 Paragraph (1) of Act No.24/2003 on the Constitutional Court," Petitioner added.
That the bodies referred to as KKAI established pursuant to Article 24 Paragraph (3) of the 1945 Constitution is the fundamental staats norm (norm of the state) as the executor of the Act provided for in Article 34 of Act No.18/2003 on the Advocate, which reads "the implementing rules governing lawyers remain valid as long as not contrary to or not yet formed or replaced with legislation that just as the executor of this Act ".
With the stipulation, it shows that the participation of eight professional organizations advocate contained in Article 32 Paragraph (3) Law Advocates can be run. In addition, the Code of Ethics of Indonesian Advocate of Article 22 Paragraph (3) governing KKAI, then it passed under Article 33 of Act No.18/2003 remain in force.
"Hence the establishment of the organization as a state agency representing 8 professional organization lawyers remain as the parent organization and as executor of the Advocate Law," Dominggus Maurits Luitnan as Petitioner's attorney said. (Nano Tresna A./mh/Yazid.tr)
0 komentar:
Posting Komentar