Enter The Advocate Immunity Rights Article In The Criminal Procedure Code Bill, Legal Expert On Accommodative DPR Values

Illustration of lawyers or advocates. (Pixabay-Mohamed_hassan)

JAKARTA - Criminal Law expert Abdul Fickar Hadjar assessed that the attitude of Commission III of the DPR RI which agreed to include articles of impunity rights for advocates in the Draft Law (RUU) concerning Amendments to Law Number 8 of 1981 concerning the Criminal Code or the Criminal Procedure Code, is very accommodative. The DPR is also considered open to the aspirations and inputs submitted by various groups.

"The role of the DPR must be appreciated because it is quite accommodating for the development of aspirations that arise and convey directly to the DPR," said Abdul Fickar, Friday, June 19.

Fickar supports the DPR's move, which not only accommodates the hopes of the legal community, but also ensures the principle of meanful participation which is part of the concept of open governance and participatory democracy. Such as by inviting various groups in the process of drafting the Criminal Procedure Code Bill for opinions and input.

"By actively considering and responding to input or suggestions from the public, this shows that the DPR wants the resulting laws to be more relevant, fair, and acceptable to the public," he explained.

Fickar also encouraged the DPR to be more responsive in accommodating the aspirations of all elements of the nation. Not only with direct meetings such as RDPU, but also through other facilities including social media so that the contents of the Criminal Procedure Code Bill are more detailed and comprehensive.

"But it's not enough there, the DPR must also accommodate outside aspirations, both those submitted in seminars and through journals or legal websites and so on," said Fickar.

"That way the DPR will be more comprehensive in the preparation of the new Criminal Procedure Code Bill," added the Criminal Law Lecturer at Trisakti University.

Although it is agreed that the Advocate's Immunity Rights are regulated in the Criminal Procedure Code, Fickar reminded that there must be strict rules on the article. Thus, the Advocates' Immunity Rights article is not misused by irresponsible persons in the future.

According to Fikcar, strict limits on the impunity of Advocates are needed because this article has the potential to become a 'cut' field for advocates who want to take advantage of litigants because they feel protected by law.

"The value of advocates must still be given firm limits, because we cannot turn a blind eye that many people who use the advocate profession become the land to make the maximum profit for themselves and their groups," said Fickar.

"Many people use it only as a broker for cases whose work is only hung on attempts to bribe law enforcers at all levels," he continued.

Therefore, Fickar reminded that the Immunity Rights article in the Criminal Procedure Code must ensure that advocates continue to maintain their professions from being tarnished and tarnished by acts or behavior of irregularities. He emphasized that the Criminal Procedure Code should not be a shield or protector for advocates of bribers and criminals.

"So Advocates who use their profession as criminals (bribery, gratuities and so on) must still be punished," said Fickar.

"Of course we must also appreciate advocates who carry out their profession honestly," he concluded.

Previously, Commission III of the DPR stated that it had included articles related to impunity for advocates in the Criminal Procedure Code Bill. This was conveyed by the Chairman of Commission III of the DPR RI Habiburokhman when responding to the proposal of academics as well as advocates in the RDPU at the DPR Building, Wednesday, June 16, yesterday.

The proposal was submitted because there are advocates who are actually criminally entangled when accompanying clients. The legal community is of the view that the impunity of advocates who can provide acquittal for lawyers who are handling a case must be a concern.

Habiburokhman said that Commission III of the DPR RI had agreed on the impunity of the advocate two months ago. So according to him, the issue of impunity for advocates has been accommodated for a long time.

"We have agreed on the article regarding the impunity of the advocates to be included in the Criminal Procedure Code," said Habiburokhman.

The Criminal Procedure Code Bill is included in the 2025 Priority DPR RI National Legislation Program proposed by Commission III of the DPR RI. The legal commission targets that during the trial which starts on June 24, 2025, the Criminal Procedure Code Bill will begin to roll and enter the discussion stage.