Rabu, 14 November 2007

The Past, The Present and The Future of Young Lawyer in Indonesian

Presented by : W. Suwito, SH., MH.

At The Kuala Lumpur Declaration`of South East Asian Young Lawyers Convention
Kuala Lumpur, October 31, 2007


The Indonesia Law is a series of complicated law system and it is based on the law and its derivation. Unlike the Malaysian law system or other asian countries law systems, the law system which is valid in Indonesia is Civil Law. One of some problems in this complicated system is the law practice for young lawyers.
The Law of Republic of Indonesia Number 18 Year 2003 about Advocate, states that Advocate is someone whose profession is to give law service either inside court or outside according to the Law of Advocate. Before the Law of Advocate is valid, the term advocate is used by senior lawyer whereas regular lawyer for junior lawyer.
Advocate mean someone whose profession is to give law service to other people in court or someone who owns practise license in court in the area of the Republic Indonesia.
On the other hand, practise lawyers means someone whose profession is to give law service in the court in the areas according to the law practise license which belongs to him.
In addition to it, if the practice lawyer has a practice outside his practice license area as mentioned above, he must ask a permission first to the court where he will practice.
Then, after the validation of the Law of Advocatem the term junior lawyer doesn’t exist any longer, because based on Chapter 32 from the Law of Advocate it is said that advocate, law counselor, practice lawyer, and law consultant who have been validate when the Law of Advocate started to be applied will be acknowledged as Advocate as stated in the Law of Advocate.
Before the Law of Advocate is valid, Advocate refers to someone whose profession is to give law service to other people in court or someone who has practice license in court all over area of the Republic Indonesia.
Besides, advocates are validated by the President of Republic Indonesia through the Ministry of Justice and Humans Right, threfore, the acknowledgement about advocacy is obtained from the President of Republic Indonesia through government institution as mentioned above.
As the Law of Advocate is valid, the term advocate is defined as someone whose profession is to give Law Service either inside or outside court according to the rule of advocate.
By having the validation of advocate by Advocate Association (Peradi, Indonesia Bar Association) as stated in the Chapter 2 verse 2 of the Law of Advocate, therefore, advocate as the agent of law enforcement in Indonesia has begun to act.
Peradi is the only medium for advocates and nowadays it is admitted as the government organ, and in the wider sense, has an independent characteristic which also conducts the governance functions.
In the future, Indonesia Advocates has one of objective, that is to participate actively in the justice and law enforcement, law development, and realization of law government principles of Indonesia.
Thank You…

***
THE KUALA LUMPUR DECLARATION

We, the participants of the South East Asian Young Lawyers Convention at the 14th Malaysian Law Conference :

CONSCIOUS that we are increasingly part of a global community;
RECOGNISING that good relations and collaboration among the young lawyers will create a better future for the South East Asian legal fraternity;
DECLARE THIS DAY that we are committed to form a “South East Asian Young Lawyers Alliance” as a platform for mutual development and professional networking among the young lawyers of South East Asian : we firmly commit ourselves to forge a dynamic and strategic interaction and co-operation among the young lawyers in this region. We trust that good relations and collaboration among the young lawyers will create a better future for the South East Asian legal fraternity;

AND CONSIDER OURSELVES to the following course of action:

Establishing a network platform through online mechanisms in order to enhance interaction and dialogue among the members of South East Asian Young Lawyers Alliance, and
Implement professional exchange programs across the various legal jurisdictions represented in the South East Asian Young Lawyers Alliance.

The first participants at the South East Asian Young Lawyers Convention are Brunei, Indonesia, Sarawak, Singapore and Peninsular Malaysia.

ISSUED in Kuala Lumpur, Malaysia, on 31st October 20007 by the first participants of the South East Asian Young Lawyers Convention.