In accordance with the Decision of the Supreme Court (Mahkamah Agung) Number 22 P / HUM / 2018 dated 31 May 2018, it is a progressive development in the Law in Indonesia that Paralegal only have the function of assist an Advocate. In this moment, The Supreme Court decision is one of the best decisions in 2018. Why? Because The Supreme Court is able to provide legal certainty to the function of Paralegal in the development of law in Indonesia. Then, this decision got many attention from all elements of society not only all Advocates. But it cannot be denied that many parties have not been able to accept The Supreme Court Decision because the Decision deemed to hinder access to legal assistance. if it is examined, The Decision have well provide legal certainty. However, all parties must respect the Supreme Court Decision, this has been stated expressly in accordance with Article 8 paragraph (2) of Regulation No. 1/2011 that: "In the case of 90 (ninety) days after the Supreme Court's decision is sent to the State Administration Agency that issues These laws and regulations, it turns out that the official concerned does not carry out his obligations, by law the relevant laws and regulations do not have legal force. So that the nature of the Supreme Court's Decision relating to Paralegals has automatic legal strength even though the Ministry of Law and Human Rights has not yet revoked two things granted on Article 11 and Article 12. By declaring Article 11 and Article 12 of the Regulation of the Minister of Law and Human Rights Number 1/2018 (Permenkumham Paralegal) does not have legal force so the Paralegal Function becomes certainy in its position in providing legal assistance.
With the revocation of the two Articles in the Permenkumham Paralegal, in the next step must be a corrective actions which can accommodate the Supreme Court's Decision which has been more than 90 days after it was issued.
Paralegal Function
In the decision of the Judicial Review to Regulation Ministry of Law and Human Rights Number 1/2018, it is emphasized that Paralegals do not carry out advocate functions but carry out the function of assisting Advocates. It is prove the ability between Paralegal and Advocate so far different and cannot be aligned. Paralegal should say thank you for Advocate and the Supreme Court who have created legal certainty over the Function of Paralegal so that they do not collide with the functions of the Advocate profession and still maintain the position of Paralegal in law in Indonesia. This Supreme Court Decision ruling should be appreciated by all groups because it has achieved three legal objectives namely justice (gerechtigheit), expediency (zwechmaerten), and certainty (rechtssicherkeit.) As stated by a legal expert named Gustav Radburch.
If the function is not canceled in providing legal assistance, it will become a stigma over the position of Paralegal which not good impact for the supremacy of law in Indonesia and has the potential to confuse the society of the functions of the Paralegal itself, and also about their quality, is it same or not like an Advocate?
Corrective Actions
Big hope from the Applicants of Judicial Review and all Advocates in Indonesia, that the Minister of Law and Human Rights must be revoke immediately of Article 11 and Article 12 of the Regulation of the Minister of Law and Human Rights Number 1/2018 (Permenkumham Paralegal). Then, if both Articles must be conduct to subject of revision, The Minister is better to involve the parties concerned so that the content can be adjusted properly and can be applied properly.
Regarding legal assistance which regulated in Law Number 16/2011 about Legal Aid, it cannot stand alone without a valid Advocate role in accordance with Law Number 18/2003 about Advocate. Then, all of Paralegal training material must be made and supervision by an Advocate to improve their awareness and to know their roles cannot stand alone without an Advocate in litigation and non-litigation matters.
Nevertheless, Paralegal is have a good bumper to the requirements of Paralegal who are not required to Bachelor of Law Degree background and just a minimum age of eighteen years old to learn and understand the basics of procedural law properly. Besides that, it is recommended that Legal Aid Institutions or Organizations that have Paralegal have cooperation and synergy with the Legal Aid Center (Pusat Bantuan Hukum) from Advocate Organizations in Indonesia to work together on compile training materials on Paralegal and instill awareness of Paralegal that Paralegal function as Advocate Assistant.
Some Articles that can be revised in the Regulation of the Minister of Law and Human Rights Number 1/2018 (Permenkumham Paralegal) adjust to the Supreme Court Decision Number 22 P / HUM / 2018. First, Article 11 - 12, revised to adjust the interpretation of the Supreme Court Decision that Paralegal as a function helps an Advocate; Indeed, only Articles 11 and 12 were canceled by the Supreme Court, but Article 13 and 14 also should be revised as long as the Paralegal function could conduct of litigation and non-litigation. Second, regarding the existence of legal aid organizations or organizations, it is certain that those who have valid Advocates who are legal in accordance with Law Number 18/2003 about Advocate as companion, so that the legal services provided are in accordance with applicable law settlement in terms of procedural law and / or regulation in force in Indonesia . This is related to Article 7 to Article 10 preparation of paralegal training materials that are ideal when cooperation and synergy with Legal Aid Center (Pusat Bantuan Hukum) in Advocate Organizations so that Paralegal know their functions to help an Advocate both litigation and non-litigation in legal aid.
Written By Johan Imanuel, S.H.
Advocate
Partner Law Firm Bireven and Partner
With the revocation of the two Articles in the Permenkumham Paralegal, in the next step must be a corrective actions which can accommodate the Supreme Court's Decision which has been more than 90 days after it was issued.
Paralegal Function
In the decision of the Judicial Review to Regulation Ministry of Law and Human Rights Number 1/2018, it is emphasized that Paralegals do not carry out advocate functions but carry out the function of assisting Advocates. It is prove the ability between Paralegal and Advocate so far different and cannot be aligned. Paralegal should say thank you for Advocate and the Supreme Court who have created legal certainty over the Function of Paralegal so that they do not collide with the functions of the Advocate profession and still maintain the position of Paralegal in law in Indonesia. This Supreme Court Decision ruling should be appreciated by all groups because it has achieved three legal objectives namely justice (gerechtigheit), expediency (zwechmaerten), and certainty (rechtssicherkeit.) As stated by a legal expert named Gustav Radburch.
If the function is not canceled in providing legal assistance, it will become a stigma over the position of Paralegal which not good impact for the supremacy of law in Indonesia and has the potential to confuse the society of the functions of the Paralegal itself, and also about their quality, is it same or not like an Advocate?
Corrective Actions
Big hope from the Applicants of Judicial Review and all Advocates in Indonesia, that the Minister of Law and Human Rights must be revoke immediately of Article 11 and Article 12 of the Regulation of the Minister of Law and Human Rights Number 1/2018 (Permenkumham Paralegal). Then, if both Articles must be conduct to subject of revision, The Minister is better to involve the parties concerned so that the content can be adjusted properly and can be applied properly.
Regarding legal assistance which regulated in Law Number 16/2011 about Legal Aid, it cannot stand alone without a valid Advocate role in accordance with Law Number 18/2003 about Advocate. Then, all of Paralegal training material must be made and supervision by an Advocate to improve their awareness and to know their roles cannot stand alone without an Advocate in litigation and non-litigation matters.
Nevertheless, Paralegal is have a good bumper to the requirements of Paralegal who are not required to Bachelor of Law Degree background and just a minimum age of eighteen years old to learn and understand the basics of procedural law properly. Besides that, it is recommended that Legal Aid Institutions or Organizations that have Paralegal have cooperation and synergy with the Legal Aid Center (Pusat Bantuan Hukum) from Advocate Organizations in Indonesia to work together on compile training materials on Paralegal and instill awareness of Paralegal that Paralegal function as Advocate Assistant.
Some Articles that can be revised in the Regulation of the Minister of Law and Human Rights Number 1/2018 (Permenkumham Paralegal) adjust to the Supreme Court Decision Number 22 P / HUM / 2018. First, Article 11 - 12, revised to adjust the interpretation of the Supreme Court Decision that Paralegal as a function helps an Advocate; Indeed, only Articles 11 and 12 were canceled by the Supreme Court, but Article 13 and 14 also should be revised as long as the Paralegal function could conduct of litigation and non-litigation. Second, regarding the existence of legal aid organizations or organizations, it is certain that those who have valid Advocates who are legal in accordance with Law Number 18/2003 about Advocate as companion, so that the legal services provided are in accordance with applicable law settlement in terms of procedural law and / or regulation in force in Indonesia . This is related to Article 7 to Article 10 preparation of paralegal training materials that are ideal when cooperation and synergy with Legal Aid Center (Pusat Bantuan Hukum) in Advocate Organizations so that Paralegal know their functions to help an Advocate both litigation and non-litigation in legal aid.
Written By Johan Imanuel, S.H.
Advocate
Partner Law Firm Bireven and Partner
