ANALISIS YURIDIS EMPIRIS SEMA NO.73/KMA/HK.01/IX/2015 TERHADAP PERPECAHAN PERADI SEBAGAI WADAH TUNGGAL ORGANISASI ADVOKAT DALAM SISTEM PERADILAN DI INDONESIA

Abstract

Based on Article 28 paragraph (1) of the Advocate Law was mandated for forming a single advocate organization, as a follow-up of that article then established the Perhimpunan Advokat Indonesia (PERADI). But inside the development, some advocates who disagree with that PERADI’s policy established a new advocate organization namely Kongres Advokat Indonesia (KAI). The Problems increase when the PERADI National Congress held around mid of 2015 became chaotic and finally PERADI split into three parts of the management including of PERADI version of Fauzie Yusuf Hasibuan, PERADI version of Luhut MP Pangaribuan, PERADI version of Juniver Girsang. This study purposes were determined the dynamics of single advocate organizations establishment in realizing existence, freedom and independence of the advocate profession, and finding the law consequences of single advocate organization split to the advocate profession. The research method was used empiric juridical research. The data were used primary and secondary data using qualitative analysis. The research conclusions are with the formation of Advocate Law and advocates ethical code do not guarantee the integrity of a single advocate organization in fact divided into three PERADI management that is not appropriate with the mandate of the Advocate Law, and the legal consequences of the single advocate organization (PERADI) split was raised legal uncertainty for an advocate organization in accordance to the Advocate Law, Then the PERADI split do not only affects the advocate profession but also PERADI, client, Supreme Court, police, and Attorney. Suggestion given that needed conflict resolution in PERADI by means of non litigation or reconciliation deliberation. However, if the means it fails then the last way is litigation through the general judiciary, it is need for renewal of the Advocate Law and it is also required the addition of the provisions in the Advocate Ethical Code, as well as the need for revocation Letter of Supreme Court Chief Number 73/KMA/HK.01/IX/2015. Keywords: Single organization, advocate organization, PERADI.