Lawyers need legal protection too, govt says
Lawyers need legal protection too, govt says
JAKARTA (JP): Lawyers say their profession needs legal
protection and guarantees of independence.
Legal practitioners at a panel discussion held by the Ministry
of Justice yesterday called on the government and the House of
Representatives to introduce a law ensuring legal grounds for
their profession.
The three other branches of law enforcement -- police,
prosecutors and judges -- already have laws safeguarding their
professions.
Lawyers Frans Hendra Winarta, Luhut M. Pangaribuan, Djohan
Djauhary, as well as Lies Soegondo, an official at the Ministry
of Justice, agreed it is urgent to introduce the law for legal
advocates.
Because lawyers are not protected by laws, many suffer
harassment, Frans said.
"The legal status of advocates is currently so uncertain that
the society, or the other three law enforces, mistreat or
misunderstand lawyers," said Frans, a leading member of the
Indonesian Bar Association (Ikadin).
Lawyers are often thought of as having the same "mentality and
attitude" as their clients, or are accused of defending their
clients "without reserve" just because they are paid, he said.
What lawyers are really trying to do, he said, is to uphold
the principle of presumption of innocence, and to protect their
clients' rights to be defended in open, impartial and independent
trials.
Frans argued that nothing short of a law on legal counsel can
guarantee that lawyers are able to serve their function.
Luhut M. Pangaribuan of the Jakarta Legal Aid Institute said
that Indonesia needs a law safeguarding advocates so that lawyers
can function as effectively as the other three legal professions.
But Luhut also expressed concern that a law protecting lawyers
could be used to control lawyers who are critical of the
government.
Echoing Luhut and Djohan's sentiments, Frans agreed that "it
would be better for us not to have any laws on advocates rather
than having to lose our independence."
"A stupid advocate is still an advocate, a dishonest advocate
is also still an advocate, but an advocate who is not independent
is not an advocate at all," said Frans, citing a famous quote.
However, Djohan Djauhary, the secretary general of the bar
association, said that most lawyers would not let themselves be
controlled.
Similarly, Lies denied that the government wishes to reduce
lawyers' independence by introducing a law governing their
profession.
"(The government's plan to introduce such laws) actually shows
the government's concern over the existence of this 'legal
pillar'," she said.
Current laws, including the 1970 law on Judicial Power and
that on the Criminal Code Procedures, she pointed out, already
strive to protect the profession of lawyers. (26)