The 'enemy' Of Indonesia's Famous Advocate, Hotman Paris, Denies That Peradi Otto Hasibuan's Talk Is Illegitimate

JAKARTA - The well-known lawyer Hotman Paris Hutapea denied reports that said Peradi led by Otto Hasibuan was illegal.

"Hotman Paris also never mentioned that DPC Peradi was not legal as an institution/association," said Hotman Paris in a written statement, Tuesday, April 26.

According to Hotman Paris, there are parties who cannot distinguish Peradi as an institution/association.

Hotman asserted that he only read out the legal facts in the Lubuk Pakam District Court Decision No. 12/Pdt.G/2020/Pn.LbP dated September 29, 2020, one of which is quoted as follows:

"Declare null and or have no legal force WITH ALL LEGAL CONSEQUENCES Decree of the National Leadership Council of the Indonesian Advocates Association Number. KEP. 104/PERADI/DPN/X/2019 dated September 4, 2019 concerning Amendments to the Articles of Association." (note: At the press conference on April 20, 2022, Hotman asked for attention to the sentence in the Lubuk Pakam District Court Decision, namely "ALL ITS LEGAL CONSEQUENCES" are also void or have no legal force). 2. Hotman Paris also in the Press Conference referred to the contents of the Medan High Court Decision No. 592/Pdt/2020/PT.Mdn (Appeal Decision) in which the Appeal Decision confirms the Lubuk Pakam District Court Decision."

"So what Hotman Paris is talking about is a legal fact in the court's decision. It's not a hoax, even as recently as April 18, 2022, the Supreme Court in the cassation level still upheld the Lubuk Pakam court's decision. So the Supreme Court in the cassation level rejects the reasons for Peradi's appeal regarding the October 7 2020 National Conference," said Hotman Paris.

Hotman Paris Hutapea chose to leave the Indonesian Advocates Association (Peradi) for reasons of disagreement with senior lawyer Otto Hasibuan. Hotman Paris protested the leadership of Otto Hasibuan in Peradi, even bringing up personal matters regarding the satire of showing off wealth on social media.

Otto Hasibuan responded back to Hotman Paris' statement. Otto Hasibuan provides a flashback of Peradi's legal journey.

"Hotman Paris' statement regarding Supreme Court Decision No: 997K/pdt/2022, is untrue, misleading, injures tens of thousands of Advocates of Peradi and allegedly against the law, and is suspected of being a public lie because the decision has no legal implications for the legitimacy of Peradi and the General Chairperson. Peradi Otto Hasibuan," said Otto Hasibuan to VOI, Thursday, April 21.

Otto Hasibuan explained that Hotman Paris' statement regarding Peradi was invalid, referring to the Supreme Court's Decision No: 997K/pdt/2022, was a statement that was untrue, misleading and potentially against the law.

Because the decision of the Supreme Court (MA) was emphasized by Otto Hasibuan, it has no legal implications for Peradi's existence, including the position of general chairman.

"That the case occurred when Peradi was led by Fauzi Hasibuan as general chairman for the 2015-2020 period, at that time there was a plenary meeting that changed Peradi's AD (Statutes of Association). Then Alamsyah felt that the amendment to the AD was invalid because it was only changed in a plenary meeting and should have gone through the National Conference of Peradi," said Otto Hasibuan explaining the background of the problem that Hotman Paris mentioned.

Because of this problem, continued Otto Hasibuan, the Peradi DPN which was then led by Fauzi Hasibuan was sued by Alamayah. This case proceeds in the district court to the Supreme Court.

"Then when the case was ongoing, in 2020 the Peradi National Conference was held at the Pullman Bogor Hotel and at the National Conference one of the agendas was a change in the AD. Finally, the National Assembly approved the amendments to the Articles of Association by ratifying the amendments to the AD which previously was only ratified in a plenary meeting, now to the AD which was ratified based on the decision of the National Conference, "explained Otto Hasibuan.

From there, there are two products regarding amendments to the AD which were previously only decided in a plenary meeting and amendments to the AD which were ratified at the 2020 National Conference.

"And in the National Conference, Otto Hasibuan was elected as the General Chair of Peradi with approximately 95 percent of the votes beating the other candidates. Therefore, if it is true that the Supreme Court's decision annulled the AD which was only decided in the plenary meeting, the only thing that was void was the AD that was changed in the plenary. Meanwhile, the AD that was decided in the National Conference is still valid because it does not include the AD which was canceled by the Supreme Court's decision, "explained Otto Hasibuan.

Because the Articles of Association as a result of the amendments to the 2020 National Conference of Peradi, emphasized that Otto Hasibuan had never been sued so that it was not included in the Supreme Court's decision No: 997K/pdt/2022.

"So that I am Otto Hasibuan as the legitimate chairman of Peradi, because he was elected in a valid National Conference and based on valid Articles of Association, so the Peradi that I lead is the legitimate Peradi," said Otto Hasibuan.