PROBLEMS OF ENFORCEMENT OF THE ADVOCATE CODE OF ETHICS IN THE INDONESIAN ADVOCATE ORGANIZATION SUPERVISION SYSTEM

Abstract

The Advocate profession, as one of the pillars of law enforcement, is carried out with the status  of officium nobile which requires absolute ethical obedience. Law Number 18 of 2003 concerning Advocates (Advocate Law) provides full autonomy (self-regulation) to professional organizations to carry out supervision and ethical enforcement through the Honorary Council (DK). However, this study identifies structural and institutional problems that fundamentally hinder the effectiveness of the enforcement of the Advocate Code of Ethics (KEA). These problems are rooted in (1) Fragmentation of Advocate Organizations (Dualism), which creates jurisdictional disorientation and inconsistency in the decisions of the Supreme Court; (2) The issue of the political independence of the Security Council, which is vulnerable to the internal interests of the organization; and (3) Lack of effective external oversight involvement, leading to a decline in public accountability. This study uses a Normative Legal Research Method with  the Statute Approach, Case Approach, Conceptual Approach, and Theoretical Approach. The findings show that the failure of the Advocate Organization to maintain a single forum has triggered a crisis of professional ethics legitimacy (simulacra). Therefore, the research recommends strategic steps, including the establishment of a Joint Honorary Council (DKB) and strengthening institutional independence, to restore the integrity of ethics enforcement and public trust in the Advocate profession.