NURANI:

JURNAL KAJIAN SYARI’AH DAN MASYARAKAT

Jl. Prof. KH. Zainal Abidin Fikri KM. 3.5 Palembang 30126 Telp. +62711362427
website: http://jurnal.radenfatah.ac.id/index.php/Nurani Email: jurnalnurani@radenfatah.ac.id
E ISSN: 2460-9102 P ISSN: 1693-8437

Single Bar Analysis of Advocate Organizations as an Effort to Increase

the Professionalism of Law Enforcement in Indonesia

Yudi Jonsen Prayoga

Faculty of Sharia and Law, Universitas Islam Negeri Raden Fatah Palembang, Indonesia
Email Correspondece: jonsenyudi85@gmail.com

ABSTRAC: The organization of the advocate professional organization experiences conflicts related
to the arrangement of the single bar advocate organization system. Letter from the Chairman of the
Supreme Court Number. 73/KMA/HK.01/IX/2015 is contrary to Article 28 paragraph 1 of Law
Number. 18 of 2003 which regulates the only professional forum formed with the aim and objective
of improving the quality of the profession. Therefore, the formulation of the problem in this research
is: (1) What is the position of the Letter of the Chief Justice of the Supreme Court Number
73/KMA/HK./IX/2015 in Law Number 18 of 2003 concerning advocates? (2) Is the single bar an
advocate organization an effort to increase professionalism in Indonesia? This type of research is
normative juridical research and is also called doctrinal legal research or literature. The approaches in
this research are the statutory approach, conceptual approach and case approach. The case approach is
to examine cases related to the issues contained in the supreme court decisions. From this research, it
was concluded that: (1) The position of the Chief Justice of the Supreme Court Number
073/KMA/HK/IX/2015 is contrary to article 28 paragraph 1 of Law Number 18 of 2003 concerning
the sole forum for advocates. (2) The single bar organization of advocates aims to increase the
professionalism of advocates and create competency standards (both competence, professionalism,
and code of ethics) that a person must fulfill in order to become an advocate, which is a very noble
profession (officium nobile).

Keywords: Advocate, Professionalism, Single bar

Introduction
The Advocate profession is a noble profession, this profession is called Officium Nobile
(noble profession). This term arises on the basis of "trust" from the power of attorney or client which
is carried out by the Advocate to defend and fight for their rights in the eyes of the law. , or in terms
of the development of the legal system in Indonesia. Regarding legal development, advocates have an
important role in ensuring that they are able to bring about changes in the legal aspect and are free and
independent (Independent).
The Advocate profession is not only about earning a living, but also involves higher moral
values in society, namely creating legal awareness and culture. The legal profession is known as a
noble profession (officium nobile) because it requires protection for everyone, regardless of race,
color, creed, culture, socio-economic status, rich, poor, political beliefs, gender and ideology.

Advocate Organizations regulated in Law Number. 18 of 2003 article 28 paragraph 1

concerning the single forum for the Advocate profession. Apart from recognizing the existence of the
Indonesian Advocates Association as a law enforcement agency that acts as an advocate, the existence
of the Indonesian Advocates Association is also recognized as the only single organizational forum in
Indonesia; Carrying out special education for the advocate profession, testing prospective advocates,
appointing advocates, making ethical rules, creating an honorary council, forming a supervisory
committee, supervising and releasing advocates, some of these authorities show that considerable
progress has been achieved in advancing the legal profession because it is independent and free, able
to run their own organization in accordance with their own laws and regulations without government
interference.
Some descriptions of the problems of the advocate profession, namely; 1) The structure of the
advocate organization experienced a conflict related to the single bar advocate organization system. 2)
Letter from the Chairman of the Supreme Court Number. 73/KMA/HK.01/IX/2015 is contrary to
Article 28 paragraph 1 of Law Number. 18 of 2003 which regulates the only professional forum
formed with the aim and objective of improving the quality of the profession. 3) The large number of
advocate organizations can cause some organizations to be more inclined to seek as many members as
possible, resulting in the mushrooming of the advocate profession and a decline in professional
quality standards. 4) The large number of advocate organizations makes it difficult to provide a code
of ethics and supervision to advocates because they may move to another advocate organization.
Based on the explanation of the background to the problem above, it is necessary to
reorganize the advocate organization so that the quality and dignity of the advocate organization
system (a noble profession) can be maintained. Therefore, the author needs to carry out thorough legal
research and analysis of this problem in order to find and develop a new theoretical perspective in the
field of law entitled: "Analysis Of Single Bar Advocacy Organizations As An Effort To Improve Law
Enforcement Professionality In Indonesia"

Theoritical Review
Professional according to Prof. Soempomo Djojowadono (1987), has an isoteric knowledge
system (not owned by just anyone), has formal and strict education and training, forms a
representative association. There is the development of a Code of Ethics that directs the behavior of
its members. So it can be concluded that professionalism is the characteristics (qualities, skills,
abilities, behavior, methods of application and so on) that should be carried out by someone who is
professional. which requires special skills to carry it out, which is sheltered in a professional
institution and receives reasonable compensation for these skills.
In connection with competence, professionalism is interpreted as the quality of a profession.
A profession is a particular skill that is formed by carrying out a series of techniques, for example
through training and education with the aim of forming a person who is strongly committed to his
profession and is internal. He will maintain and love the standards of his work by carrying out his
work with full dedication, always maintaining the dignity of the profession for the honor of himself
and the institution by avoiding traits that could damage the good name of the profession and even
always try to improve the quality of his work. Judging from his insight, a professional person has
internal insight. This means that a professional person is fully aware of the changes that are always a
natural law which could have a bad impact on him. Therefore, it is important for him to have broad
insight in facing the challenges that occur. He can also clearly recognize the difference between an
ideal (dream), a prediction, a das sollen and activities that must be carried out in reality as a das sein.
Justice has an initial vocabulary, namely "fair" which comes from Arabic, namely al-'adl
which means middle or middle. The synonym of the word al-'adl is al-inshaf which means conscious,
meaning conscious in making the right decision/attitude. The opposite of the word al-'adl is al-jur
(crime) and al-zhulm (unjust). Al-'adl adl can also be interpreted as an expression regarding actions or
cases that are in the middle between two sides that exceed the limits (al-ifrath). Islamic jurists in their
terminology define the word al-'adl as a person or subject who carries out just actions, meaning a
person who protects himself from behavior that contains major sins and does not continuously commit
actions that involve minor sins. Most of his behavior is correct and protected from despicable actions.
 Another opinion interprets the word al-'adl as al-is, which means consistent and standing
upright or leading to the truth. In the sharia sense, justice is an expression that is consistent with the
path of truth by distancing itself from anything that is religiously prohibited. According to the literal
meaning, the meaning of justice in classical Arabic is a combination of social and moral values which
have the meaning of honesty (straightforwardness), balance, doing good (fairness) and simplicity
(temperance).
Authority has the meaning of obligations and rights. Rights relate to freedom to take action.
According to state administrative law and based on statutory regulations, government authority is
obtained in three ways, namely: (1) Attribution. Law Number 30 of 2014 concerning government
administration states that attribution means giving authority to government agencies and/or officials
by the 1945 Constitution of the Republic of Indonesia or the Law on agencies and/or government
officials receiving authority from attribution. For government officials and/or bodies that receive
authority through attribution, full responsibility for their authority is handed over to that body. This
means that authority through attribution cannot be represented, unless regulated in the 1945
Constitution of the Republic of Indonesia and/or law. (2) Delegation. Delegation is defined as the
delegation of authority from a higher Government Agency and/or Government Official to a lower
Government Agency and/or Official with responsibility and accountability shifting entirely to the
recipient of the delegation. In delegation there is only the delegation of authority from one official to
another, there is no creation of authority. The delegate giver is no longer legally responsible, but
instead moves to the recipient of the delegation.

Methodology
This type of research is Normative Juridical research. Normative Juridical Research views
law as written Legislation (Law In Books). Normative legal research is also called doctrinal legal
research or literature. The library material that is the object of this research is the Letter of the Chief
Justice of the Supreme Court Number.073/KMA/HK/IX/2015. In this writing, the approaches chosen
are the statutory approach, conceptual approach and case approach. The case approach is to examine
cases related to issues in a Supreme Court decision.
The data sources in this research are primary data and secondary data. Primary Legal
Materials are binding legal materials, consisting of Pancasila as the basic norm, the body of the
Constitution of the Republic of Indonesia 1945 as the basic regulations, Law Number 18 of 2003
concerning Advocates and also the Supreme Court Decree of 2015. Data secondary is legal material
in research taken from library studies in the form of material that explains primary legal material,
namely previous research (journals, theses, dissertations and so on).
The research approach used is the Juridical Analysis approach to the Letter of the Chief
Justice of the Supreme Court in 2015, namely research that was initially carried out on secondary
data. This research uses this approach because the problem is about the structuring of Advocate
Organizations, causing the Advocate Organization to mold and professional quality standards to
decline.
Data Collection Techniques The data collection technique used in this research is legal
research. Legal research is carried out to find solutions to existing legal issues and describe the
proposed matters. Data Analysis Methods and Legal Materials In this thesis, the author uses
interpretative analysis, analyzes and studies the suitability of higher regulations (the 1945
constitution) with the basic level, namely Pancasila, and analyzes them to clarify the problem. In
analyzing the data, the author uses qualitative methods, meaning that all the information obtained is
analyzed as a whole, so that a systematic and factual picture is seen.

Results and Discussion

Position Letter of the Chief Justice of the Supreme Court Number.73/KMA/HK./IX/2015 In
Law Number. 18 of 2003 About Advocates.
The existence of the Letter from the Chief of the Supreme Court Number 73/KMA/HK.01/IX/2015
concerning the oath of Advocates has given rise to several new problems which in the long term have
had extraordinary implications for the advocate profession and have been widely misinterpreted by
several advocates. This is because several advocate organizations interpret that by allowing the High
Court to take the advocate's oath regardless of where the advocate comes from, they are also
permitted to undertake Special Education for the Advocate Profession (PKPA), the Advocate
Professional Examination (UPA), and the appointment of advocates.
Meanwhile, this authority is an authority that can only be exercised by the PERADI Advocate
Organization in accordance with Constitutional Court Decision Number 014/PUU-IV/2006,
Constitutional Court Decision Number 101/PUU-VII/2009, Constitutional Court Decision Number
66/PUU-VIII/2010, Constitutional Court Decision Number 103/PUUXI/2013, Constitutional Court
Decision Number 112/PUU-XII/2014, and Constitutional Court Decision Number 36/PUU-XIII/2015.
Even in its latest decision the Constitutional Court remains in its position that PERADI is the only
professional organization for advocates as intended in Law Number 18 of 2003 concerning
Advocates.
So the Supreme Court should be able to act as a filter for problems that occur in advocate
organizations and participate in enforcing everything that has been regulated in Law Number 18 of
2003 concerning Advocates and decisions of the Constitutional Court. So, in this case, firmness from
the Supreme Court is needed to achieve legal certainty regarding the oath of an Advocate at the High
Court.
Thus, the Letter of the Chief Justice of the Supreme Court Number: 073/KMA/HK.01/IX/2015 should
not conflict with article 28 paragraph (I) of the Law on Advocates because in the hierarchy of
statutory regulations, the Law on Advocates has a higher position based on the Law. Law Number 11
of 2012 concerning the provisions of the Law, apart from the Letter of the Chief Justice of the
Supreme Court Number: 073/KMA/HK.01/IX/2015, it is contrary to article 28 paragraph (I) of Law
number 18 of 2003 concerning Advocates, it is also contrary to the principles Lex superior derogates
from Lex Inferiori, giving rise to legal uncertainty.
Hans Kelsen in his theory called Stufenbhau theory defines "every legal code is a composition of
several rules (stufenbau des rechts). At the top of the stufenbau there are basic rules called grundnorm
or ursprungnorm of a national legal order which are fundamental rules. Grundnorms are legal
principles that are hypothetical, abstract and general in nature. "Then it shifts to general rules
(generallenorm) and then is positive to become real norms (concrettenorm)."
The provisions of Article 28 of Law number 18 of 2003 concerning Advocates emphasize that there is
only one Advocate organization which is intended to improve the quality of the advocate profession
but in fact the purpose of establishing the Advocate Law to limit Advocate Organizations to only one
organization has changed so that it no longer exists limits on advocate organizations so that advocate
organizations become more numerous and under control as a result of the enactment of the Supreme
Court Chief's Letter Number 073/KMA/HK.01/IX/2015.
This creates a conflict of norms between Law number 18 of 2003 concerning Advocates who have a
higher position than in the Letter of the Chief Justice of the Supreme Court Number
073/KMA/HK.01/IX/2015. One of Hans Kelsen's students, Hans Nawiasky, developed his teacher's
theory regarding the theory of levels of norms relating to a country. In his book (allegemeine
Rechtslehre), he reveals that the legal norms of any country are often tiered and multi-layered. The
norms below that apply are based on and originate from higher norms. Higher norms also apply based
on and originate from even higher norms. Arrive at the highest norm known as the basic norm.
Single Bar Analysis of Advocate Organizations as an Effort to Increase the Professionalism of
Advocates in Indonesia.
An advocate must always maintain integrity and professionalism. Education within the advocate
profession is held with the aim of improving the quality of the advocate profession. This is also
related to its position as an independent and free organization, so it is hoped that the Advocate
organization can become an institution that helps and maintains the upholding of the values of justice
in society by making it balanced with other law enforcement agencies. Law Number 18 of 2003
concerning Advocates was created to unite various existing advocate organizations by stating that the
Advocate organization is a single forum which has advantages, namely to facilitate the functions of
appointment, action and supervision carried out by the advocate organization itself because it has been
institutionalized in an institutional manner. constitutional, where previously the supervisory function
was carried out by the government.
Apart from that, to facilitate the implementation of education, appointment and enforcement
functions. Public trust in this institution will be formed with the existence of a solid advocate
organization. The Constitutional Court Decision Number 112/PUUXII/2014 and 36/PUU-XIII/2015
(PMK112/2014-36/2015) is a decision that can make the previous decision stronger, namely the
Constitutional Court Decision Number 101/PUU-VII/2009 (PMK 101/2009). In the Petition, Law on
Advocates Number 18 of 2003 has absolute authority regarding the freedom of advocate organizations
to conduct examinations and education based on the provisions of the Law.
The Constitutional Court in decision number 101/ PUU-VII/2009 essentially emphasized that Article
4 paragraph 1 of the Law on Advocates is contrary to the Law and does not have binding legal force
as long as the condition that the phrase "At an open trial, the High Court in area of domicile of legal
rights" is not interpreted as "the High Court, by order of the Law, is obliged to take an oath for
Advocates before carrying out their profession without being linked to their membership in the
current Advocates' Organization de facto within a period of two years since this decision was read."
There was a violation of the applicant's constitutional rights in the Constitutional Court Decision
Number 112/2014-36/2015 as stated in the provisions of Article 4 paragraphs 1 and 3 of the Law on
Advocates, because the High Court and the Supreme Court refused or were not willing to swear in
advocates in an open session at the Court. High, thus violating the principle of Advocate
independence. This provision violates Article 28 H paragraph 2 of the 1945 Constitution and Article
28D paragraphs 1, 2 and 3 of the 1945 Constitution, namely violating the Petitioner's right to obtain
special services and ease of obtaining the same benefits and opportunities in order to achieve justice
and equality as fellow advocates, the right to recognition, legal certainty and protection, the right to
guarantees and the right to participate in government as workers who are part of law enforcement.
The emergence of a legal conflict as a result of this decision means that all conditions that have been
decided or stipulated by the Panel of Judges at the Constitutional Court Number 101/2009 are not
implemented and are not adhered to by the relevant addressee. The validity of the Constitutional
Court Decision Letter Number 101/2009 has a time limit, namely from 30 December 2009 to 30
December 2011, which states that the KAI and PERADI Advocate Organizations must hold a
Congress with Advocates with the aim of forming a single forum in accordance with the provisions of
Article 28 paragraph 1 Law on Advocates and if within 2 years after the decision is made there is still
no Advocates Organization formed, then this will be resolved in the General Court.
One of the conflicts that occurs between Advocate professional organizations is related to the
authority to carry out professional education for Advocates and regarding the designation of the
Advocate profession. This happened because in carrying out its duties and functions as a member of
the Advocates' professional organization, the Advocates' Organization was not transparent and open
and did not heed the principles of good governance, especially in organizing education and
professional exams for Advocates and when granting Advocates' professional certification. In
providing education, several Advocate Organizations are considered to have fallen into commercial
practices. Because in taking the education and professional exams for Advocates, a person has to pay
a relatively large amount of money, this also applies when taking the oath and inaugurating
prospective Advocates. Based on international customary law, professional organizations of advocates
are not permitted to provide financing in any form except membership fees or non-binding donations
without carrying out commercial programs.
In Indonesia, the reality is that many advocate organizations provide financing for professional
examinations and advocate education as well as the swearing in and inauguration of prospective
advocates. The low standard of professional education for Advocates carried out by professional
advocate organizations currently results in a decline in the quality of advocates, this is caused by the
low level of knowledge of advocates regarding procedural law material, the responsibilities and
functions of Advocates as well as their understanding of the Advocate's professional code of ethics.
Apart from that, there is competition for the number of members which has a negative impact on the
implementation of advocate education and professional exams because advocate organizations no
longer prioritize quality but quantity. The impact is that the duties of professional advocate
organizations are neglected in improving the quality of Indonesian advocates. Education should be
continuous or continuous and continuous without stopping by adapting to developments over time. It
is hoped that in the future the advocate professional organization will continue to experience
development and form new advocate professional organizations in accordance with the demands of
the times.
Based on the arguments above, the legal ideas proposed are; Institutions that have the right to provide
special education for the Advocate Profession are advocate organizations that synergize with
universities and have a minimum of B accreditation at law faculties with curriculum standards
determined by the National Advocates Honor Council. The Single Bar System creates standardization
of the Advocate profession so that the quality of Advocates can be improved. Supervision of
Advocates is easier and more secure because there is only one Honorary Council which is
authoritative and there is legal certainty and can enforce a code of ethics, the Advocate Organization
is strong and not fragmented so that it cannot be intervened by outside parties.

Conclusion
The position of the Chairman of the Supreme Court's Letter Number 073/KMA/HK/IX/2015
Violates Law Number 18 of 2003 concerning the sole forum for Advocates. Because Law on
Advocates Number 18 of 2003 Article 28 Paragraph 1 actually mandates only one organizational
forum (Single Bar), the Letter of the Chief Justice of the Supreme Court Number
73/KMA/HK/IX/2015 has a direct impact on the system for appointing Advocates because this
decision is the Beleidsregels which Multi Bar in nature. The proliferation of new organizations which
feel they have the same authority apart from PERADI as the sole trustee of the Advocates Law has
resulted in the pattern of education and Advocate Examinations being non-uniform, each Advocate
Organization is more oriented towards having as many members as possible with commercial
objectives. Apart from that, the management of the monitoring and enforcement system for Advocates
in enforcing the code of ethics is unclear and prone to giving rise to Advocates jumping around by
taking oaths without considering the qualifications of the previous education and testing process
obtained by prospective Advocates from any Advocate Organization resulting in a decline in the
Quality of the Advocate Profession.
The Single Bar Advocate Organization in Indonesia aims to increase the professionalism of
advocates and create competency standards (both competency, professionalism, and code of ethics)
that a person must fulfill in order to become an advocate, which is a very noble profession (officium
nobile). It is possible that there may be other Advocate Organizations, but the only one that can carry
out appointments, supervise the code of ethics, carry out education and test prospective Advocate
members in accordance with the mandate of the Advocate Law Number 18 of 2003 is only one
Organization. Because the Single Bar System as an Advocate Organization can provide protection for
justice seekers because of the quality and quality of the Advocate himself so that he can be
professional in serving his clients. Advocates, as an independent profession, must not be purely
commercial in nature, but must also serve the interests of justice seekers.

DAFTAR PUSTAKA