Net Advocate, Is it possible?

To explain this I would start with an anecdote that was brought up by Prof.. Jimly Asshidiqie in a discussion about the renewal of this in the office of the Criminal Procedure Code Wantimpres some time ago.



"Everyone got something from the judicial process. Police are 'exploiters' and he was getting 'something' from which handled the case. But this is still smaller, because the police extort time shorter than the time owned by the prosecutors. Going to court they say that the suspect and the defendant had only to bone, there is nothing that can be blackmailed by the judge. But make no mistake there is still the marrow for the judges. Then who can have it all? The answer advokatlah person. "



It was common knowledge, advocate a major contributing part in the practice of mob justice menumbuhsuburkan. Anecdotes and public ridicule and undermine the position of advocates of abandoning the glorious position of being the despised nor able to inspire lawyers association to take progressive steps to take part in the eradication pratik mafia law.



Enrich the lawyers participated mafia law practice starts from the things which most simple as giving tips and petty bribery in matters pertaining to the judicial bureaucracy, to the massive conspiracy that involves police, prosecutors and judges. The picture may be we are witnessing now in the case of Gaius Tambunan and the mafia tax.



This practice continues to occur and is done every day by unscrupulous lawyers. All may be preceded by simple things, ie hesitations were set aside for the trouble facing the judicial bureaucracy which takes time. But also some of the others, the reason is to maintain the relationship. Bribery with values ranging from 50,000 starts of the registration process power of attorney, extra costs to expedite registration of the lawsuit, the registration application execution, and many other administrative posts. Thus contribute to enrich the culture of lawyers in the world of judicial corruption. No wonder the present and the future we may call them as a bad lawyer. Bad lawyers is not only has built herself a bad image, but also have destroyed the credibility of the advocate profession as a whole.



Indeed there is still a small portion advocates who reject all these practices. Although, of course with the risk that difficulties will be encountered during the trial ongoing. For the advocates who are also activists in the Legal Aid legal aid may have been accustomed to this, and the corrupt bureaucrats also generally avoid "making trouble" with these pro bono lawyers.



But what we want, not only make them avoid problems with Legal Aid lawyers, they also should avoid making the issue with the advocates in general. This goal will only happen if the lawyers are willing and strong willed to resist the practices of this petty bribes and "dare to make an" if it continued to experience small-scale extortion by the judicial bureaucracy. This is where the importance of the role of an advocate to protect association members. Do not just defend their advocate organizations involved in the noose knot mafia law.



Too late to reform itself

If we are seen and compared with the institutions which call themselves as law enforcement, most late advokatlah only to reform itself. Instead of reforming themselves, perpecahanlah precisely what happened. Organization did not advocate split uncontrollably.



Reform advocates are absolutely necessary, not only how the association advocates seek united again, but more substantially longer is to run all existing mandates within the Law No. 18 Year 2003 on Advocates.



Since the birth of Law. 18 In 2003, lawyers are expected to complete several important agenda advocates Indonesia. Among others (i) establish a credible profession and qualified lawyers, and (ii) promote access to justice is the widest that will be acceptable to all, especially among the poor. Thus, the two goals that's certainly the direction of reform advocates and the future should now run.



The first agenda to build a credible profession and qualified lawyers are already run by some Peradi. For instance, advocate making the system more stringent recruitment begins with education, examinations, apprenticeship system relatively well. Normally, the Code of Ethics Advocate also been approved.



However, problems arise when supervision is not going well and not well supported by adequate systems and mechanisms. pursuant to article 26 paragraph (4) Law Advocates, supervision over the implementation of codes of ethics lawyers conducted by the organization advocates. This provision makes the supervision of an advocate is internal only. He did not set about ekseternal supervision. It is also increasingly inadequate because of this internal control supervision mechanism does not explain how it is run before being taken to the Honorary Board of Advocates for the sting.



The second agenda is to promote access to justice. Encourage and meet the access to justice is realized with the contribution of lawyers to the provision of legal aid services for free. To fulfill this second agenda, ironically, the association advocates swift defeat of the government. The Government has issued Government Regulation concerning free legal assistance through the Government Regulation No. 83 Year 2008, issued at the end of 2008. In response to the sequel, Peradi has established a Legal Aid Centre (PSA) Peradi. Apart from that, unfortunately, until now we have not heard how the technical mechanisms to implement the regulation.



Advocate organizations need to seriously promote access to justice by creating a mechanism for running the advocate to meet the obligations of free legal assistance. In some parts of the world such as in Eastern Europe, is found to significantly decrease the mafia practice of law, with police collusion between lawyers and prosecutors and reduce the practice of torture and other despotic actions of the police and judiciary.



Oversight and Accountability Advocates

One advocate of the reform agenda ahead of the most important in my opinion is how to build and strengthen the supervision system of ethics advocate a more powerful and more widely to build accountability advocates.



This accountability can be achieved for example by providing reports to the public about organizational performance, the performance of the Honorary Board of Advocates, including publicly announcing how many cases brought to and decided by the Honorary Board of Advocates. Furthermore announce who those bad lawyers who have been convicted.



This report is important and will benefit the public, because the public can do the examination and even appreciation of the performance of the organization advocates and the Honorary Board of Advocates. Even when the lawyers who has been sentenced to advocate the Honorary Board is moving to another advocate organizations to save themselves and avoid sanctions, EFE deterrent will continue to occur because the public know the credibility of the advocate concerned. Public doubts about the credibility of the organization will also advocate that the advocate has to accommodate these naughty.



Would be more effective internal control by picking up the ball. How, in cooperation with various elements of civil society, opening outposts advocate mischievous complaints. In addition, it is important to disseminate information about the presence of the Honorary Council Advocate and mechanisms that can be easily accessible and the public to report it.



In addition to strengthening internal oversight, external oversight, through encouraging all potential legal resources in society is also open. Although I have not thought about the form or institution that would supervise the lawyers, as well as the Judicial Commission which oversees the judges, but should be open to external control advocates.