Kedudukan Yuridis Organisasi Advokat Peradan dan Implikasi Pengangkatan Advokat Pasca-Sema Nomor 73 Tahun 2015

Abstract

The normative framework established by Law Number 18 of 2003 concerning Advocates originally mandated a single-bar system for the legal profession in Indonesia. However, intense internal conflicts within advocate organizations gave birth to various new bodies, including the Perkumpulan Advokat dan Pengacara Nusantara (PERADAN). The operational existence of PERADAN and the issuance of Supreme Court Circular Letter (SEMA) No. 73 of 2015 created a practical transition toward a de facto multi-bar system. This study aims to analyze the legal standing of PERADAN as an advocate organization under Law No. 18 of 2003, examine the systemic implications of advocate appointments post-SEMA No. 73 of 2015, and evaluate the legal validity of PERADAN's advocate appointment authority. Using normative legal research with statutory, conceptual, and analytical approaches, this article demonstrates that while PERADAN was not among the original eight founding organizations under the Advocate Law, it possesses functional constitutional legitimacy under Constitutional Court Decision No. 101/PUU-VII/2009 to safeguard citizens' rights to associate and work. Furthermore, SEMA No. 73 of 2015 creates a dualistic framework: solving administrative deadlocks in advocate swearing-in while simultaneously challenging standardized ethics enforcement. Consequently, advocates appointed by PERADAN who possess official Oath Minutes (BAS) issued by the High Court hold full legal capacity (persona standi in judicio) to practice before all Indonesian judicial forums.