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All Journal NOMOI Law Review Jurnal Hukum Pelita
Hosnah, Asmak
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Penerapan Grasi Dalam Perspektif Hukum Pidana Bagi Terdakwa Wibowo, Aryo; Syahlahaifa , Zahra; Hosnah, Asmak
JURNAL HUKUM PELITA Vol. 5 No. 1 (2024): Jurnal Hukum Pelita Mei 2024
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jh.v5i1.3242

Abstract

In the presidential system of government, there are prerogative rights that are only owned by the head of state as the leader of the country. Clemency is regulated under Law Number 5 of 2010 on Clemency on the amendement of Law Number 22 of 2022 on Clemency. One of the uses of prerogative rights is to provide relief to several convicts by granting clemency. The granting of clemency by the President is based on humanity and without any interference from other parties or other state institutions. Although the granting of clemency is in the hands of the President due to the ownership of the prerogative, the consideration of granting clemency must be considered by the Supremen Court, the Prosecutor, and the Minister of Law and Human Rights so that there is cooperation between the relevant legal institutions. Clemency is utilized by several convicts, especially death row convicts, to cut the sentence imposed on them so that the executive of the sentence becomes shorter from the first time the decision is read out by the judge at the first level court. 
Co-Authors Edi Rohaedi Jevis, Weldy Syahlahaifa , Zahra Wibowo, Aryo