Single bar association still a distant dream

Single bar association still a distant dream

By Imanuddin

JAKARTA (JP): A realization of the government's dream of
bringing all lawyers into one umbrella organization seems as
distant as ever at the conclusion of a three-day gathering
yesterday, designed to bring them together to resolve their
differences.

The problem appeared to be that none of the three major
associations of lawyers were interested in unification.

Some 200 lawyers from the Indonesian Bar Association (Ikadin),
the Indonesian Advocates' Association (AAI), and the Association
of Indonesian Lawyers (IPHI), were brought together for the
government-sponsored forum at Hotel Indonesia.

The three groups came out of the meeting questioning the
importance of establishing a single lawyers' association.

Frans Hendra Winarta of Ikadin said the idea of grouping
several different lawyers associations in a united lawyers'
association was not appropriate at present.

"The most often suggested form of united lawyers' association
is a federation comprised of different lawyers associations," he
told the Jakarta Post last night. "Let each lawyers' association
grow with its own autonomy and self-governing policy. Let's not
force ourselves to merge into a single association."

Minister of Justice Oetojo Oesman and Chief Justice Soerjono
did not mince words when they opened the discussion on Wednesday.

"It would make it easier for the government to delegate
authority if there were only one bar association," Oetojo said.

With one association, it would also be easier to address
problems in the Indonesian judicial system, he added.

Soerjono said a merger was in the interests of lawyers because
they needed to work together in facing the trend of increasing
trade liberalization worldwide. "The establishment of a single
lawyers' association will also drive the establishment of a
united Lawyers' Code of Ethics.

A single association for every profession is mandated by a
1985 law on mass organizations. The government has succeeded in
ensuring that there is only one official association of
journalists in the country, the Indonesian Journalists'
Association, and only one official labor union, the All-
Indonesian Workers' Union.

While lawyers, of all people, might be expected to be the
first among professional people to abide by the law, uniting the
lawyers has proved difficult for the government. The problem has
been compounded by the fact that different government leaders
back different organizations at different times, sending
confusing messages to the profession.

Besides the big three associations, there are seven other,
smaller ones. Each of these has its own lawyers' code of ethics
and principles.

The first attempt to unite the lawyers organizations was in
1985, with the establishment, at the initiative of the chief
justice and the minister of justice of the time, of Ikadin.

However, Ikadin was beset by internal disputes and in 1990 135
of its members resigned and formed a rival organization, the AAI,
with the blessing of the minister of justice at the time.

Ikadin says it currently has a membership of 2,000 lawyers,
with members in each of the country's 27 provinces.

In 1991, supported by the minister of justice and the minister
of home affairs of the time, the AAI and five organizations --
IPHI, LBH Kosgoro, BPKH MKGR, LKBH Trisula and LPPH -- joined
forces to establish Poperi, the Association of Indonesian Lawyers
Organizations.

IPHI was established in 1987, mostly by young lawyers who were
disgruntled over being denied membership of Ikadin, which imposed
strict criteria. It has since grown and now claims membership of
over 5,000 lawyers in 25 provinces.

Yan Apul, deputy chairman of the 1,500-strong AAI, said he
doubted whether this week's meeting would be able to agree on the
establishment of a single bar association. "I notice that the
lawyers associations have dissimilar interests and principles."

He ssaid the establishment of a single bar association was not
called for at present. "The most important thing is that all
lawyers associations have a united code of ethics."

Yan Juanda Saputra, IPHI's deputy chairman, said the
profession was still far from establishing a single association.
"We still have to go through a number of consolidation meetings
before we can come to an agreement about a single bar
association."