Seven Lawyers Sue Deputy Minister Otto Hasibuan in Court, Here is Why
Balikpapan, VIVA - Seven lawyers, active members of the Balikpapan City branch of the Indonesian Advocates Association (Peradi), have officially filed a lawsuit for unlawful acts (onrechtmatige daad) against the General Chairperson of the DPN Peradi, Otto Hasibuan, at the Balikpapan District Court on Monday, 8 June 202<0xA0>6.
The lawsuit was submitted through the plaintiffs’ legal counsel from the Kharisma Insan Cita Law Study & Advocacy Institute (LKAH).
This legal action was taken following Otto Hasibuan’s stance, which is deemed to ignore the Constitutional Court (MK) ruling regarding the prohibition of holding dual positions as the leader of an advocate organisation and a state official.
The plaintiffs consist of Wawan Sanjaya, Yotam Wijaya, Sapto Hadi Pamungkas, Marthen Enos Dance Worang, Rinto, Sangga Aritya Ukkasah, and Hilmi Azhar.
“Defendant I (Otto Hasibuan) was officially appointed and inaugurated by the President of the Republic of Indonesia, General (Ret.) H. Prabowo Subianto, as the Deputy Coordinating Minister for Law, Human Rights, Immigration, and Correctional Services (Wamenko Kumham Imipas) on 20 October 2024, based on Presidential Decree Number 73/M of 2024,” stated the plaintiffs’ legal counsel from the Kharisma Insan Cita Law Study & Advocacy Institute.
The lawsuit explains that, referring to a ruling dated 16 July 2025, the Constitutional Court strictly emphasised that leaders of advocate organisations must become inactive in their positions if appointed or designated as state officials. However, in fact, Defendant I continues to actively control the executive operations of the DPN Peradi organisation.
“Based on Law Number 18 of 2003 concerning Advocates, the advocate profession must be free and independent from government interference. Defendant I’s actions in holding a position within the government while simultaneously leading a law enforcement organisation are deemed to damage the principle of checks and balances and violate Law Number 39 of 2008 concerning State Ministries regarding the principles of professionalism and the prohibition of dual positions,” the legal counsel explained.
As of the filing of this lawsuit, Defendant I remains active in signing strategic documents, such as PKPA certificates, UPA, decrees for the appointment of new advocates, and the ratification of local branches (DPC) in various regions. These actions, performed without valid legal authority, are considered to violate the General Principles of Good Governance (AUPB), specifically the Principle of Legal Certainty.