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."