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Legal Review of Lawyers Who Have Been Fired From One Organization to Another Hanin Alya Labibah; Setiawan, Galih Nicky Roby
Journal of Development Research Vol. 9 No. 1 (2025): Volume 9, Number 1, May 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v9i1.437

Abstract

The Chief Justice of the Supreme Court issued Letter No. 73/KMA/HK.01/IX/2015, which regulates related to significant changes in the advocate organization system. The letter of the Chief Justice of the Supreme Court was not accompanied by a revision of the Advocate Law, so the legal uncertainty that led to his profession until now continues and affects the upholding of the ethics of the legal profession itself. The existence of legal uncertainty causes conflicts between members, which can cause members to be fired or resign from one advocate organization and then easily move to another advocate organization. The purpose of this study is to find out and analyze related to the legal rule in Indonesia for advocates who have been fired from one organization to another, as well as to find out the legal impact of unregulated procedures. This type of research is normative legal research with a conceptual approach, a legislative approach and a case approach. From this study, it can be concluded that in terms of the problem of the rule of law in Indonesia for advocates who have been fired from one organization to another, it can be said that there is a legal vacuum (rechstvacuum), in positive law the legal vacuum can be said to be a legislative vacuum. Furthermore, the legal impact resulting from the unregulated procedures on the legal vacuum on the advocate organization causes legal uncertainty in the community and the advocates themselves and further causes chaos to the service in the legal field.