Constitutional Review: Paralegal Role Questioned, Law Professor Explains

The Professional Indonesian Advocates Association (Peradi Profesional) has emphasised the vital role of advocates as a balancing force to achieve legal certainty and professionalism. According to Peradi Profesional, advocates provide an objective, academic, and comprehensive legal perspective to maintain the quality of the criminal justice system and the protection of citizens’ constitutional rights.

This statement was made by the Secretary-General of Peradi Profesional, Professor Yuhelson, acting as a related party in the judicial review of the constitutionality of Article 1, point 22, and Article 151, paragraph (2), point b of Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP) at the Constitutional Court of the Republic of Indonesia, on Thursday (2/7/2026), as detailed in a written statement on Friday (3/7/2025).

According to Yuhelson, prior to the new law (Article 1, point 22 and Article 151, paragraph (2), point b of Law Number 20 of 2025 concerning the KUHAP), it was clearly established that only advocates were permitted to accompany a defendant. “Previously, if a party was not accompanied by an advocate, that party could not be interrogated. Now, there is a government-created entity known as a paralegal,” he stated.

However, he believes that the presence of paralegals will lead to legal uncertainty for the public. “There is uncertainty when a person is accompanied by a paralegal,” he explained.

Furthermore, he maintains that this case is not merely about the interests of advocate organisations or issues of professional exclusivity.