International Journal of Social Service and Research
Vol. 6 No. 6 (2026): International Journal of Social Service and Research

An Ideal Formulation of the Prohibition on Dual Positions for Advocacy Organization Leaders from the Perspective of Legislation

Andri Darmawan (Universitas Borobudur, Indonesia)
KMS Herman (Universitas Borobudur, Indonesia)



Article Info

Publish Date
13 Jun 2026

Abstract

This study examines the formulation of an ideal prohibition on dual positions for leaders of advocacy organizations who concurrently serve as state officials, addressing potential conflicts of interest and threats to organizational independence. The background stems from Article 28, paragraph (3) of Law No. 18 of 2003 on Advocates, which limits dual positions only with political party leaders and lacks explicit provisions regarding state officials, potentially undermining the independence of advocate organizations and constitutional guarantees of legal certainty and freedom of association. The study aims to provide a normative framework for legislative reform that ensures structural integrity and professional independence. Employing a normative juridical research method, the study utilized statutory and conceptual approaches, analyzing relevant constitutional provisions, statutory laws, and Constitutional Court decisions, including Numbers 014/PUU-IV/2006, 91/PUU-XX/2022, and 183/PUU-XXII/2024. Data were collected through systematic document review and legal content analysis. The results indicate that current regulations inadequately address dual positions, leaving room for structural conflicts of interest. The discussion emphasizes the necessity of reformulating Article 28(3) with clear, non-interpretable norms, operational mechanisms, and harmonization with broader legal principles. The study concludes that legislative amendments are essential to prevent conflicts, strengthen advocate independence, and maintain constitutional and rule-of-law standards in Indonesia.

Copyrights © 2026






Journal Info

Abbrev

ijssr

Publisher

Subject

Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Social Service and Research is a double-blind, peer-reviewed academic journal with open access to social and scientific fields. The journal is published monthly by Ridwan Institute. International Journal of Social Service and Research provides a means for sustained ...