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All Journal PALAR (Pakuan Law review) NOMOI Law Review
Jevis, Weldy
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Law, Crime, Criminology & Criminal Justice

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CHALLENGES AND IMPLICATIONS OF THE SINGLE BAR SYSTEM ON LEGAL PROTECTION FOR ADVOCATES IN INDONESIA Jevis, Weldy; Hosnah, Asmak; rohaedi, Edi
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24109

Abstract

The large number of advocates in Indonesia requires every advocate to be registered and joined in an association or organization. With the many advocate organizations in Indonesia, PERADI as an organization recognized by the state as a forum for advocate organizations to gather. PERADI is also a manifestation of the adoption of the single bar system in Indonesia. In the context of Indonesian law, advocate organizations must be registered with the Indonesian Advocates Association (PERADI) to obtain legal protection. However, many advocate organizations choose not to join Peradi, thus creating uncertainty regarding legal protection for their members. This study uses a normative juridical approach with a literature study to examine the legal norms governing the advocate profession, especially those related to the legal position of non-Peradi organizations, as well as the single bar system implemented in Indonesia. The research findings show that although non-Peradi organizations have temporary authority to carry out certain functions, their legal status is still ambiguous and affects the legal protection provided to their members. In addition, the implementation of the single bar system in Indonesia provides advantages in terms of supervision and professional development, but also faces major challenges in terms of accessibility of advocates in remote areas to services provided by PERADI.
Juridical Analysis of Decision No. 337/Pid.Sus/2020/PN. Jkt.Sel in the Perspective of Money Laundering and the Criminal Code Hosnah, Asmak Ul; Djakarsih Putro, Sapto Handoyo; Jevis, Weldy; Prihatini, Lilik; Sinaga, Walter Aaron Life; Zacharias, Vasco Javarison; DRD, Moch Ilham
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.13202

Abstract

 Abstract  The purpose of this legal research is to elaborate and explain fundamentally the judge's legal considerations in Decision Number 337/Pid.Sus/2020/PN. Jkt.Sel related to the application of the provisions of the Money Laundering Crime (TPPU) and its relation to the Criminal Code (KUHP). Based on the verdict, the defendant Ir. Roni Wijaya was proven to have legally committed a tax crime as stipulated in Article 39A letter a of Law Number 28 of 2007 jo. Article 64 paragraph (1) of the Criminal Code and the crime of money laundering as stipulated in Article 3 of Law Number 8 of 2010. This type of research is a normative legal research that is descriptive and analytical, with a statutory approach and a case approach, using secondary data through literature studies and qualitative analysis. The results of the study show that the application of the TPPU article in this decision has reflected the double track system of criminality, where the predicate crime in the form of tax violations is the basis for proving TPPU. The merging of the provisions of the Anti-Corruption Law and the Criminal Code shows the application of the principle  of lex specialis derogat legi generali in criminal law. Thus, this decision affirms the consistency of the application of the law to economic crimes that have a systemic impact on state finances. Keywords: Money Laundering Crime, Decision Number: 337/Pid.Sus/2020/PN. Jkt.Sel, Criminal Code. 
Co-Authors Asmak UI Hosnah Djakarsih Putro, Sapto Handoyo DRD, Moch Ilham Edi Rohaedi Lilik Prihatini Sinaga, Walter Aaron Life Zacharias, Vasco Javarison