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Jakarta Post

Lawyers group appeals decision to revoke Todung's license

The newly established Congress of Indonesian Advocates (KAI) has lodged an appeal with its central board over the decision by the rival bar association to cancel the practicing certificate of noted lawyer Todung Mulya Lubis

Desy Nurhayati (The Jakarta Post)
Jakarta
Wed, June 18, 2008 Published on Jun. 18, 2008 Published on 2008-06-18T10:44:49+07:00

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The newly established Congress of Indonesian Advocates (KAI) has lodged an appeal with its central board over the decision by the rival bar association to cancel the practicing certificate of noted lawyer Todung Mulya Lubis.

KAI secretary-general Roberto Hutagalung said Tuesday the appeal was submitted to the KAI central board, instead of to the Indonesian Advocates Association (Peradi), because the KAI, established on May 30, was the country's only legitimate advocates organization.

"Following its establishment, the KAI has decided to rehabilitate lawyers who were given penalties by Peradi's disciplinary council, including Todung," he said.

"But since the KAI has yet to establish its own disciplinary council, the central board set up an ad hoc council to examine the case.

"And this council will maintain impartiality to rule on this case fairly."

The ad hoc council is comprised of legal experts, including former deputy chief of Constitutional Court Laica Marzuki, former Supreme Court justice Andi Andoyo, former dean of North Sumatra University's School of Law Muhammad Abduh and law professors Ningrum Sirait and S.F. Marbun.

"We are currently preparing a due process of law on the appeal proposal, including sending a letter to inform the Supreme Court chief about this," Roberto said.

Todung's license was revoked last month by the Peradi disciplinary council, which accused the lawyer of violating the code of ethics.

He was found guilty of a conflict of interest when he accepted Salim Group as a client during a 2006 trial in Bandarlampung, Lampung province, over a legal dispute with the Sugar Group Company, a former subsidiary of the Salim Group.

In 2002, Todung was appointed by the government to conduct a legal audit of the Salim Group, including the Sugar Group Company, which was later acquired by another company.

Todung was given until June 20 to appeal the decision. The KAI submitted the appeal proposal on his behalf on June 11.

Roberto said the appeal proposal had been made in compliance with the 2003 law on advocates.

The KAI is supported by about 5,000 of the nation's 15,000 lawyers, who surrendered their Peradi membership cards and joined the new bar association.

Among the noted lawyers who championed the creation of the KAI are presidential advisor Adnan Buyung Nasution, Teguh Samudera, Indra Sahnun Lubis, Ibrahim Hasibuan, Jimmy Budiarjo and Suhardi Somomuljono.

Both the KAI and Peradi claim to be the only sanctioned lawyers association in the country.

Todung said he trusted the KAI with his case.

"I will accept whatever ruling they make. I just want this appeal process to be conducted by figures with a recognized reputation," he said.

"I believe members of the ad hoc council are capable and have no particular interests."

He said he had no idea whether the ruling of the ad hoc committee would annul Peradi's decision.

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