Lawyers' code of ethics not morally binding: Expert<\/p>\n
JAKARTA (JP): Many lawyers violate the professional code of
\nethics as the rules are not morally binding while the existing
\nsupervisory bodies do not work, a legal expert said on Wednesday.<\/p>\n
Harkristuti Harkrisnowo from the University of Indonesia, was
\nof the opinion that there had yet to be any rules that were
\nmorally, let alone legally, binding on lawyers. Also, there was
\nno one particular bar association which could ensure that its
\nmembers complied with its code of ethics.<\/p>\n
\"There should be a bar association in this country to
\nformulate a code of ethics for all lawyers, to control
\nunscrupulous lawyers, and to screen and issue licenses to
\nlawyers,\" she told The Jakarta Post by phone.<\/p>\n
\"There are many lawyers' associations here, with each having
\ntheir own disciplinary boards. But, usually, the other members
\ntolerate their unscrupulous colleagues. These associations should
\nestablish an internal mechanism which would be binding on all
\nlawyers.\"<\/p>\n
Recently, many have criticized the lawyers of former president
\nSoeharto and his family, arguing that the lawyers have exceeded
\ntheir authority in representing their clients.<\/p>\n
Juan Felix Tampubolon, lawyer of Soeharto's daughter-in-law
\nArdhia Pramesti Rigita Cahyani, or Tata, has been named as a
\nsuspect by the police for obstructing the force in its hunt for
\nTata's husband, Hutomo \"Tommy\" Mandala Putra.<\/p>\n
He was accused of lying to the police and concealing the
\nexistence of a bunker in Tommy's house on Jl. Cendana No. 12,
\nCentral Jakarta.<\/p>\n
Tommy's lawyers Nudirman Munir and Elza Syarief have also been
\ncriticized for their decision to keep on representing Tommy, who
\nwas sentenced for corruption in November, even though he has gone
\non the run and not been found.<\/p>\n
In an effort to regulate delinquent lawyers, three major bar
\nassociations -- the Indonesian Bar Association (Ikadin), the
\nIndonesian Advocates' Association (AAI) and the Association of
\nLegal Consultants have issued a joint code of ethics. But a
\nresearcher from the Center for Indonesian Legal Policy Studies,
\nBinziad Kadafi, said that the code merely concerned the
\nprocedures for dealing with and defending a client.<\/p>\n
\"The code is inadequate to embrace the rapid developments
\noccurring in the profession and will not be effective in
\ncontrolling members,\" he said.<\/p>\n
By comparison, the U.S. bar association even regulates issues
\nlike intimate relations between lawyers and clients, he added.<\/p>\n
Separately, Ikadin chairman, Sudjono, said that the police
\nshould first submit a complaint to the association regarding the
\nbehavior of one of its members before accusing the lawyer of
\nhaving committed a crime.<\/p>\n
\"The disciplinary board will judge whether a member is lying
\nto protect his client. And the lawyer cannot get out of this as
\nthe code of ethics sets out distinct limits on how far the lawyer
\nshould go,\" he said.<\/p>\n
A former AAI chairman, Yan Apul Girsang, voiced a similar
\nopinion, saying that violating the profession's code of ethics
\nwas not the same as violating the law.<\/p>\n
\"You cannot accuse a lawyer or a doctor of committing a crime
\nwhile carrying out his duties. It is the respective professions'
\ndisciplinary boards who decide this,\" he added.<\/p>\n
Kadafi said that a law on the profession was necessary to
\nensure the establishment of an independent bar association and a
\nmorally binding code of ethics.<\/p>\n
He said that the law should also improve the status of
\nlawyers, which is often subordinate to other law agents such as
\nthe judges, the police and the prosecutors.<\/p>\n
Such a bill is now under discussion by a special committee of
\nthe House of Representatives and will take some time to become
\nlaw.(bby)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/lawyers-code-of-ethics-not-morally-binding-expert-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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