Lawyers' code of ethics not morally binding: Expert
Lawyers' code of ethics not morally binding: Expert
JAKARTA (JP): Many lawyers violate the professional code of
ethics as the rules are not morally binding while the existing
supervisory bodies do not work, a legal expert said on Wednesday.
Harkristuti Harkrisnowo from the University of Indonesia, was
of the opinion that there had yet to be any rules that were
morally, let alone legally, binding on lawyers. Also, there was
no one particular bar association which could ensure that its
members complied with its code of ethics.
"There should be a bar association in this country to
formulate a code of ethics for all lawyers, to control
unscrupulous lawyers, and to screen and issue licenses to
lawyers," she told The Jakarta Post by phone.
"There are many lawyers' associations here, with each having
their own disciplinary boards. But, usually, the other members
tolerate their unscrupulous colleagues. These associations should
establish an internal mechanism which would be binding on all
lawyers."
Recently, many have criticized the lawyers of former president
Soeharto and his family, arguing that the lawyers have exceeded
their authority in representing their clients.
Juan Felix Tampubolon, lawyer of Soeharto's daughter-in-law
Ardhia Pramesti Rigita Cahyani, or Tata, has been named as a
suspect by the police for obstructing the force in its hunt for
Tata's husband, Hutomo "Tommy" Mandala Putra.
He was accused of lying to the police and concealing the
existence of a bunker in Tommy's house on Jl. Cendana No. 12,
Central Jakarta.
Tommy's lawyers Nudirman Munir and Elza Syarief have also been
criticized for their decision to keep on representing Tommy, who
was sentenced for corruption in November, even though he has gone
on the run and not been found.
In an effort to regulate delinquent lawyers, three major bar
associations -- the Indonesian Bar Association (Ikadin), the
Indonesian Advocates' Association (AAI) and the Association of
Legal Consultants have issued a joint code of ethics. But a
researcher from the Center for Indonesian Legal Policy Studies,
Binziad Kadafi, said that the code merely concerned the
procedures for dealing with and defending a client.
"The code is inadequate to embrace the rapid developments
occurring in the profession and will not be effective in
controlling members," he said.
By comparison, the U.S. bar association even regulates issues
like intimate relations between lawyers and clients, he added.
Separately, Ikadin chairman, Sudjono, said that the police
should first submit a complaint to the association regarding the
behavior of one of its members before accusing the lawyer of
having committed a crime.
"The disciplinary board will judge whether a member is lying
to protect his client. And the lawyer cannot get out of this as
the code of ethics sets out distinct limits on how far the lawyer
should go," he said.
A former AAI chairman, Yan Apul Girsang, voiced a similar
opinion, saying that violating the profession's code of ethics
was not the same as violating the law.
"You cannot accuse a lawyer or a doctor of committing a crime
while carrying out his duties. It is the respective professions'
disciplinary boards who decide this," he added.
Kadafi said that a law on the profession was necessary to
ensure the establishment of an independent bar association and a
morally binding code of ethics.
He said that the law should also improve the status of
lawyers, which is often subordinate to other law agents such as
the judges, the police and the prosecutors.
Such a bill is now under discussion by a special committee of
the House of Representatives and will take some time to become
law.(bby)