JAKARTA - The Indonesian Advocates Association, the Voice of Indonesian Advocates (Peradi SAI) encourages the holding of joint national consultations (Munas) between advocate organizations. Peradi SAI considered the forum to be a means to end polemics and claims for the management of the lawyer organization.
"The National Conference is the beginning of the process of uniting Peradi and realizing the officium nobile advocate," said the General Chair of Peradi SAI, Juniver Girsang in a written statement, Monday 9 May.
He also reminded that the joint congress is the commitment of Peradi SAI, Peradi SOHO led by Otto Hasibuan, and Peradi Rumah Bersama Advocate (RBA) with the skipper Luhut Pangaribuan. Peradi's third commitment met with Menkopolhukam Mahfud MD and Menkumham Yasonna H Laoly on February 25, 2020, at the initiative of Peradi SAI.
Peradi SAI also corrected Otto's stance in making an Open Letter from the General Chair in a national daily, May 3, 2022. In the open letter, Otto claimed unilaterally, Peradi SOHO was the only legitimate Peradi. Otto wrote, Peradi SOHO is the most legitimate advocate organization according to the principle of legality, that is, there cannot be several legitimate Peradi managements.
With that attitude, Juniver considered Otto's statement misleading. Because, based on the decision of the Supreme Court (MA) number 1395 K/PDT/2020 on June 9, 2020, which essentially did not accept (Niet Ontvankelijke Verklaard) Peradi SOHO's lawsuit so that the court declared Peradi SAI and Peradi RBA invalid.
In addition, Juniver considered that Otto was inappropriate in using the principle of legality as the basis for a claim through an open letter published in the national print media.
Because, Juniver continued, in understanding the consideration of the decision of the DKI Jakarta High Court, they did not use the principle of legality at all, but the principle of benefit. The consideration of PT DKI Jakarta was confirmed by the Supreme Court's decision. As well as the issuance of the Chief Justice's Letter Number 073/KMA/HK.01/IX/2015 which has acknowledged several advocate organizations on behalf of Peradi.
According to Juniver, the Supreme Court also considers that the issue of Peradi's management is an internal problem of the advocate organization itself. Thus, according to the Supreme Court, the problem should be resolved through the organs and mechanisms of the organization.
The Supreme Court also explained in that consideration, as an independent organization (independent state organ), as Peradi wanted, the organization should be able to solve problems freely and independently.
Therefore, the Secretary General of Peradi SAI, Patra M Zen, appealed to Otto to reflect on the legal basis for the management of Peradi SOHO, based on the organization's 2020 National Conference. It is claimed that the National Conference was held based on the Plenary Decree of the Peradi SOHO DPN Management KEP.104/PERADI/DPN/IX/2019 .
The decree opens the opportunity for a three-term position. However, the decree has been declared null and void due to the Supreme Court's decision No. 997 K/PDT/2022 regarding the invalidity of amendments to Peradi SOHO's Articles of Association.
He also reminded that a series of lawsuits from Peradi SOHO to Peradi RBA under the leadership of Luhut Pangaribuan, as well as Peradi SAI under the leadership of Juniver Girsang to be prohibited from carrying out Special Advocate Professional Education (PKPA) activities, proposing the oath of advocate, appointment of advocates and cooperation with other parties, has been rejected up to the level of the Supreme Court of the Republic of Indonesia.
"There is not a single decision stating that Peradi RBA and Peradi SAI are invalid. There is not a single decision that prohibits Peradi RBA and Peradi SAI from conducting Special Advocate Profession Education (PKPA), proposing Advocate oaths, appointment of advocates or collaboration with other parties," said Patra.
The decision on Peradi SOHO's lawsuit against PERADI SAI has permanent legal force at the level of the Supreme Court of the Republic of Indonesia, namely the Decision of the Supreme Court of the Republic of Indonesia No. 1395 K/PDT/2020 dated June 9, 2020.
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