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Constitutional Review: Paralegal Role Questioned, Law Professor Explains

| | Source: REPUBLIKA Translated from Indonesian | Legal
Constitutional Review: Paralegal Role Questioned, Law Professor Explains
Image: REPUBLIKA

The Indonesian Professional Advocates Association (Peradi Profesional) has emphasised the crucial 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 in maintaining the quality of the criminal justice system and protecting citizens’ constitutional rights. This was conveyed by Peradi Profesional’s Secretary-General, Prof Yuhelson, while presenting his statement as a related party in the constitutional review of Article 1 point 22 and Article 151 paragraph (2) letter 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), according to a written statement on Friday (3/7/2025). Yuhelson stated that prior to the new law, it was clear that only an advocate could accompany a person with the status of a defendant. He noted that previously, if a party was not accompanied by an advocate, that party could not be examined. He pointed out that now there is a government-created entity called a paralegal. However, he is of the view that paralegals will lead the public to encounter legal uncertainty. He explained that there is uncertainty when a person is accompanied by a paralegal. Furthermore, he viewed that this case is not solely related to the interests of advocate organisations or the issue of professional exclusivity.

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