RELEVANSI WADAH TUNGGAL (SINGLE BAR ASSOCIATION) ORGANISASI ADVOKAT DI INDONESIA

Abstract

The Ratio of Legis and Validity of the Indonesian Advocates Association as a Single Forum for Advocate Professional Organizations. The purpose of this study is to determine the problems: (1) Legis ratio Article 28 paragraph (1) of Law Number 18 of 2003 concerning Single Bar Association and (2) To find out the condition of the split of advocate organizations in Indonesia which ultimately damages the existence of the single bar system against the upholding of the rule of law because the weak building of the single bar system can no longer guarantee the quality of advocates who are always able to uphold the principles of single bar association. The type of research used is Legal Research. The approaches used are the Statutory Approach, the Conceptual Approach, the Historical Approach and the Legal Approach.
The background of the problem is based on Law Number 18 of 2003, especially article 28 paragraph (1) concerning the Single Container of Advocate Professional Organizations (Multi bar Association) is multiinterpretive which can be interpreted as a single bar association. The vagueness of the formulation of "advocate professional organization as the only professional forum" has caused the issue of constitutionality of the Advocates Law, especially Article 28 paragraph (1) of the Advocates Law and has become an issue for material review by the Constitutional Court c.q. Article 28 D of the 1945 Constitution because the state is obliged to guarantee legal certainty (rechtszekerheid/ legal certainty).
This research method is Normative research because it examines and examines problems related to rules and norms. In this study, researchers examine the position of advocate organizations which aims to describe and provide an explanation of how the implementation of a single advocate organization in Indonesia as per the Law of Advocates No. 18 of 2003 and multi-bar associations.
The results of this study show that, the issuance of the Letter of the Chairman of the Supreme Court No: 73 / KMA / HK.01 / IX / 2015 date. 25-9-2015 also triggered a rift in advocate organizations because "Allowing swearing in new advocate members is not only PERADI but can be carried out by other advocate organizations. The polemic of Single bar and multi bar association must be ended immediately by going through the REVISION of the Advocates Law. Letter of the Chairman of the Supreme Court No.73 / KMA / HK.01 / IX / 2015 entrusting the
need to amend the Advocates Law, because some articles in the Advocates Law are no longer relevant to be applied, especially regarding the authority of advocate organizations in the process of recruiting and swearing in prospective advocates and supervising the code of ethics. The juridical implication also appears that competition among advocate organizations will be freer, so it is necessary to establish an Honor Council to monitor competition between advocate organizations so as not to lead to commercialization and it is also necessary to establish a Commission of Advocates to make a joint consensus.
Keywords : Organization, Advocate, Single Containe