Lawyers need legal protection too, govt says<\/p>\n
JAKARTA (JP): Lawyers say their profession needs legal
\nprotection and guarantees of independence.<\/p>\n
Legal practitioners at a panel discussion held by the Ministry
\nof Justice yesterday called on the government and the House of
\nRepresentatives to introduce a law ensuring legal grounds for
\ntheir profession.<\/p>\n
The three other branches of law enforcement -- police,
\nprosecutors and judges -- already have laws safeguarding their
\nprofessions.<\/p>\n
Lawyers Frans Hendra Winarta, Luhut M. Pangaribuan, Djohan
\nDjauhary, as well as Lies Soegondo, an official at the Ministry
\nof Justice, agreed it is urgent to introduce the law for legal
\nadvocates.<\/p>\n
Because lawyers are not protected by laws, many suffer
\nharassment, Frans said.<\/p>\n
"The legal status of advocates is currently so uncertain that
\nthe society, or the other three law enforces, mistreat or
\nmisunderstand lawyers," said Frans, a leading member of the
\nIndonesian Bar Association (Ikadin).<\/p>\n
Lawyers are often thought of as having the same "mentality and
\nattitude" as their clients, or are accused of defending their
\nclients "without reserve" just because they are paid, he said.<\/p>\n
What lawyers are really trying to do, he said, is to uphold
\nthe principle of presumption of innocence, and to protect their
\nclients' rights to be defended in open, impartial and independent
\ntrials.<\/p>\n
Frans argued that nothing short of a law on legal counsel can
\nguarantee that lawyers are able to serve their function.<\/p>\n
Luhut M. Pangaribuan of the Jakarta Legal Aid Institute said
\nthat Indonesia needs a law safeguarding advocates so that lawyers
\ncan function as effectively as the other three legal professions.<\/p>\n
But Luhut also expressed concern that a law protecting lawyers
\ncould be used to control lawyers who are critical of the
\ngovernment.<\/p>\n
Echoing Luhut and Djohan's sentiments, Frans agreed that "it
\nwould be better for us not to have any laws on advocates rather
\nthan having to lose our independence."<\/p>\n
"A stupid advocate is still an advocate, a dishonest advocate
\nis also still an advocate, but an advocate who is not independent
\nis not an advocate at all," said Frans, citing a famous quote.<\/p>\n
However, Djohan Djauhary, the secretary general of the bar
\nassociation, said that most lawyers would not let themselves be
\ncontrolled.<\/p>\n
Similarly, Lies denied that the government wishes to reduce
\nlawyers' independence by introducing a law governing their
\nprofession.<\/p>\n
"(The government's plan to introduce such laws) actually shows
\nthe government's concern over the existence of this 'legal
\npillar'," she said.<\/p>\n
Current laws, including the 1970 law on Judicial Power and
\nthat on the Criminal Code Procedures, she pointed out, already
\nstrive to protect the profession of lawyers. (26)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/lawyers-need-legal-protection-too-govt-says-1447893297",
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