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Camelia, Noer Dini
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Law, Crime, Criminology & Criminal Justice

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The Constitutional Legitimacy of Temporary Advocate Identification in the Indonesian Legal System Lutfiadi, Lutfiadi; Wardani, Win Yuli; Heryanti, Febrina; Camelia, Noer Dini; Hanayanti, Citra Siwi
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.295

Abstract

The rejection of the Temporary Advocate Identification (TPSA) by judicial panels in court proceedings presents significant legal and constitutional concerns, particularly with respect to the principles of legal certainty and the client’s right to legal representation. This study seeks to examine the legal status of the TPSA based on Indonesia’s positive legal framework, especially in relation to Law No. 18 of 2003 on Advocates and its implementing regulations. Furthermore, it evaluates the authority of advocate organizations in issuing identification cards as a means of establishing professional legitimacy. Utilizing a normative legal method combined with case study analysis of selected judicial decisions, this research finds that although TPSA is not explicitly regulated in statutory provisions, it possesses a valid administrative foundation. The rejection of TPSA in court proceedings has adverse implications for the constitutional rights of advocates and impairs clients’ access to legal counsel. Accordingly, the study recommends the establishment of formal regulatory recognition of TPSA to promote legal equality, procedural consistency, and the effective exercise of the right to defense within the judicial system.
The Constitutional Legitimacy of Temporary Advocate Identification in the Indonesian Legal System Lutfiadi, Lutfiadi; Wardani, Win Yuli; Heryanti, Febrina; Camelia, Noer Dini; Hanayanti, Citra Siwi
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.295

Abstract

The rejection of the Temporary Advocate Identification (TPSA) by judicial panels in court proceedings presents significant legal and constitutional concerns, particularly with respect to the principles of legal certainty and the client’s right to legal representation. This study seeks to examine the legal status of the TPSA based on Indonesia’s positive legal framework, especially in relation to Law No. 18 of 2003 on Advocates and its implementing regulations. Furthermore, it evaluates the authority of advocate organizations in issuing identification cards as a means of establishing professional legitimacy. Utilizing a normative legal method combined with case study analysis of selected judicial decisions, this research finds that although TPSA is not explicitly regulated in statutory provisions, it possesses a valid administrative foundation. The rejection of TPSA in court proceedings has adverse implications for the constitutional rights of advocates and impairs clients’ access to legal counsel. Accordingly, the study recommends the establishment of formal regulatory recognition of TPSA to promote legal equality, procedural consistency, and the effective exercise of the right to defense within the judicial system.
The Legal Force of Article 1977 of the Indonesian Civil Code Regarding Ownership of Unregistered Movable Property Camelia, Noer Dini; Rifai, Achmad; Heryanti, Febrina; Lutfiadi, Lutfiadi; Hanayanti, Citra Siwi
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.332

Abstract

Technological and socio-economic developments have generated significant challenges for the application of Article 1977 of the Indonesian Civil Code (Burgerlijk Wetboek/BW), which governs ownership of unnamed movable property. Normatively, this provision stipulates that possession is deemed equivalent to ownership. However, in practice, difficulties arise in relation to modern electronic devices such as mobile phones and laptops, which can be uniquely identified through IMEI codes or serial numbers. This study examines the binding force of Article 1977 of the Civil Code, explores the legal issues associated with the ownership of unnamed movable property, and evaluates the provision’s relevance within the contemporary socio-economic and technological context. The research employs a normative juridical approach, supported by doctrinal analysis, statutory interpretation, and review of empirical literature on movable property ownership. Findings reveal that, although Article 1977 continues to provide formal legal certainty, it fails to adequately address technological advancements. Accordingly, the integration of digital identification mechanisms is essential to ensure substantive justice and safeguard property rights.
Constitutionalism and the Debate Surrounding the Suspension of the Advocates’ Association Lutfiadi, Lutfiadi; Wardani, Win Yuli; Heryanti, Febrina; Camelia, Noer Dini; Purwandi, Agustri
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.333

Abstract

The suspension of advocates’ Oath of Office (BAS) by the High Court raises significant concerns within the framework of Indonesian procedural law and state administration. The core issue stems from the absence of an explicit legal basis authorizing such action, which may contravene the principles of legality, constitutionalism, and the protection of advocates’ fundamental rights. This study aims to examine the legal legitimacy of the BAS suspension, evaluate its compliance with constitutional principles, and explore its philosophical implications for the role of advocates as law enforcers on a par with judges, prosecutors, and police officers. Employing a normative juridical approach with a focus on doctrinal analysis of the Advocates Law, the 1945 Constitution, relevant court decisions, and legal literature, the study finds that the BAS suspension constitutes an ultra vires act. Consequently, this measure undermines the rule of law, diminishes the independence of the legal profession, and has the potential to disrupt public access to justice, highlighting the need for more robust regulatory reforms.
Co-Authors ACHMAD RIFAI Hanayanti, Citra Siwi Heryanti, Febrina Lutfiadi, Lutfiadi Purwandi, Agustri Wardani, Win Yuli