Sanksi Putusan Kode Etik Advokat di Indonesia saat Ini Belum Miliki Kekuatan Hukum Mengikat Bagi Anggotanya
Foto: Dr. Suhardi Somomoeljono, S.H., M.H, Provisional Chairman KKAI
Beritaterkini Jakarta – Media massa, baik cetak maupun online, telah memberitakan bahwa seorang advokat senior Hotman Paris Hutapea, dihukum dengan sanksi skorsing 3 (tiga) bulan, berupa larangan berpraktik sebagai pengacara/advokat, yang diputuskan oleh dewan komite advokat PERADI. pertanyaan, apakah sanksi tersebut memiliki kekuatan hukum yang mengikat berdasarkan undang-undang advokat Nomor 18 tahun 2003.
Undang-undang advokat pasal 33 telah mengakui berlakunya seluruh isi Kode Etik Advokat Indonesia (KEAI) yang telah disahkan pada tahun 2002 oleh Komite Kerja Advokat Indonesia (KKAI), berdasarkan Surat Edaran MA RI tahun 2003, telah ditegaskan bahwa yang memiliki wewenang bertindak selaku pelaksana undang-undang advokat adalah KKAI. Pasal 22 KEAI telah menegaskan advokat wajib memilih salah satu dari Organisasi Advokat yang dibentuk berdasarkan undang-undang advokat.
Dengan demikian, sanksi yang diberikan kepada Advokat di Indonesia, tidak hanya terbatas untuk advokat Hotman Paris Hutapea yang divonis oleh organisasi advokat.
Melalui dewan kehormatan advokat berupa sanksi 3 (tiga) bulan dilarang berpraktik selaku advokat tidak memiliki kekuatan hukum mengikat bagi anggotanya.
Bahwa organisasi-organisasi Advokat adalah merupakan anggota KKAI secara Ex-Officio, sehingga organisasi-organisasi Advokat, tidak memiliki fungsi regulator, dalam frame hukum publik, terkecuali KKAI.
Bahwa kebebasan bagi para Advokat, untuk memilih Organisasi Advokat sebagai naungan keanggotaannya merupakan bentuk demokrasi kebebasan memilih, dan merupakan kehendak pembentuk UU Advokat, dalam rangka menjaga kualitas Organisasi Advokat, sehingga apabila suatu Organisasi Advokat tidak mampu menjaga kualitas profesi angggotanya, maka dapat ditinggalkan sewaktu-waktu oleh anggotanya.
Bahwa mengingat, KEAI yang pada saat ini berlaku, adalah bentuk Kodifikasi Kode Etik Advokat Indonesia, yang disahkan oleh KKAI tahun 2002, dan tahun 2003 secara mutatis mutandis telah sah dan berlaku berdasarkan UU Advokat.
Bahwa untuk itu, agar supaya Putusan Kode Etik, yang dijatuhkan oleh Dewan Kehormatan Advokat (DKA) memiliki kekuatan hukum yang mengikat perlu segera dibentuk Dewan Kehormatan Advokat (DKA-KKAI) yang dibentuk dalam forum rapat bersama secara Ex-Officio diwakili oleh ketua umum dan sekretaris jenderal dari seluruh Organisasi Advokat yang sah secara hukum.
Oleh: Dr. Suhardi Somomoeljono, S.H., M.H, Provisional Chairman KKAI
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