AAI Asks For Suspension Of Examination Of Kamaruddin Simanjuntak

The DPP of the Indonesian Advocates Association (AAI) showed legal support documents to Kamaruddin Simanjuntak who was questioned as a suspect at Bareskrim Polri, Jakarta, Monday (14/8/2023). BETWEEN/HO-DPP AAI

The Indonesian Advocates Association (AAI) has submitted a request for a suspension of examination of Kamaruddin Simanjuntak who has been named a suspect in the alleged defamation case reported by the President Director of PT Taspen AN Kosasih.

"We ask for cooperation with investigators to consider suspending the examination of Kamaruddin, to be examined ethically in the advocate organization (AAI)," said DPP chairman AAI Palmer Situmorang as reported by ANTARA, Monday, August 14.

Palmer asked the Bareskrim Polri investigators to provide an opportunity for the advocate organization, in this case AAI, to investigate Kamaruddin Simanjuntak before being named a suspect.

"We ask for cooperation with investigators to consider suspending the examination of Kamaruddin, to be examined ethically in the advocate organization (AAI)," he said.

He said AAI had written to Bareskrim Polri and the National Police Chief, and it had been copied to the Coordinating Minister for Political, Legal and Security Affairs to suspend the examination of Kamaruddin Simanjuntak.

"I hope that state institutions respect each other. Because of the criminal law process, Article 17 of Law no. 39 concerning human rights in 1999 is explained, in order to be able to find a process of justice must be with the correct process of procedural law," he said.

Palmer gave an example, when the National Police Chief gave information to the media that his gun was shot in the Sambo case, but in reality it was not true. Then can the National Police Chief be said to spread hoaxes and hatred? Has journalists also spread hoax news and hatred? No, because of what? There is a source.

"Even so, we are lawyers like that, we work using client data. So if this is convicted, it is very funny, that's why I try to convince the institution that has been defending too, hopefully the voice of the organization will be heard," he said.

According to him, Kamaruddin in carrying out his profession as an advocate cannot be prosecuted both criminally and civilly.

"Where in the Advocate Law, in carrying out its profession it cannot be prosecuted civilly or criminally," he said.

Palmer continued, his party had asked the AAI Supervisory Commission to conduct an examination of Kamaruddin Simanjuntak, if ethical irregularities were found. Later, the results of the examination will be forwarded to the AAI Honorary Council.

"If there is no violation of the law, the supervisory commission will send the results of the examination to the AAI DPP," he explained.

Palmer explained that Kamaruddin Simanjuntak received legal protection from the AAI advocate organization. Kamaruddin has sent a letter to the AAI DPP for legal assistance to him.

In line with that, Kamaruddin Simanjuntak's Legal Team as well as DPP AAI administrator Johannes Raharjo said it was the organization's obligation to provide legal assistance to members.

His party has also sent a letter to Bareskrim and the National Police Chief to suspend the examination process of Kamaruddin Simanjuntak.

Because, he said, those authorized to conduct examinations of professional violations were advocate organizations.

Johannes said the article suspected of his colleague was Article 27 paragraph (3) of the ITE Law, which is about defamation. Kamaruddin related to this case acted in defending his client.

"Advocates must obtain immunity rights in defending their clients according to the Constitutional Court's decision No. 26 of 2013. We believe that it will not be proven later, and what Kamaruddin said does not lead to someone," said Johannes.