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438
Advances in Social Sciences Research Journal – Vol.7, No.6
Publication Date: June 25, 2020
DOI:10.14738/assrj.76.8431.
Bulan, R. R., Sanusi, A., Gintings, A., & Hanafiah, N. (2020). Implementation of Advocate Special Professional Education Program (PKPA)
by PKPA Institutions, Indonesian Advocates Association (AAI) Bandung. Advances in Social Sciences Research Journal, 7(6) 438-449.
Implementation of Advocate Special Professional Education
Program (PKPA) by PKPA Institutions, Indonesian Advocates
Association (AAI) Bandung
Renova Rumondang Bulan
Universitas Islam Nusantara, Indonesia
Achmad Sanusi
Universitas Islam Nusantara Bandung, Indonesia
Abdorrakhman Gintings
Universitas Faletehan, Serang, Indonesia.
Nanang Hanafiah
Universitas Islam Nusantara Bandung, Indonesia
ABSTRACT
The purpose of this study is to answer two main questions, which are: a)
aspects of organizing Advocate Special Professional Education Program
organized by PKPA institutions and the Indonesian Advocates
Association and b) efforts to improve and follow up programs organized
by the Indonesian Advocates Association. The data of this study were
collected from 49 respondents consisted of 1 Head of Bandung City
institution, 1 Head of the program division, 2 program coordinators, 15
facilitators/lecturers and 30 participants in Bandung City education and
training program. Data that has been collected from the interview
process and questionnaire dissemination are then enriched and
triangulated by monitoring the sustainability of program
implementation which includes program planning, program
implementation, program evaluation and verifying documents on
program implementation plans, human resources (HR), Infrastructure,
and evaluations on post-education of advocate profession. The results
of the data analysis show that Bandung's advocate professional
education combines two methods by combining academics and
practitioners so as to produce professional advocates. In conclusion, the
Advocate Special Professional Education Program remains consistent
with Law Number 18 of 2003 concerning Advocates, this is due to the
increasing number of graduates in law majors who are interested
become lawyers so that they can solve problem correctly. It is
recommended that advocate professional education services organized
by the institution be followed up with statistics data of participant that
have passed, facilities and other learning tools that are in accordance
with the procedures of the institution.
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Advances in Social Sciences Research Journal (ASSRJ) Vol.7, Issue 6, June-2020
Keywords: Implementation of Special Education, Advocate Profession,
Lembaga PKPA, Indonesian Advocates Association Bandung.
INTRODUCTION
The human resources of Indonesian lawyers are increasing in quantity over the years. As one of the
pillars of the legal and human rights movement an advocate is required to have the mentality,
integration, skills, and adequate skills in carrying out his duties. However, these qualities were not
matched by improvements in quality. In general, it has been proven that law graduates from any
tertiary institution have not been able to be directly relied upon to be able to practice as a
professional advocate. Every year there are thousands of law graduates from law faculties
throughout Indonesia. The interest of law faculty graduates to become advocates has never
subsided this can be seen from the increasing number of members of the Advocate Special
Professional Education Program (PKPA).
Lawyer as an honorary profession (officium nobile) who in carrying out their profession are under
the protection of law, constitution and the Code of Ethics, have freedom based on the honor and
personality of Lawyer who hold fast to Independence, Honesty, Confidentiality and Openness.
Various obstacles are still encountered by prospective lawyers. Constraints or problems
encountered in the areas of: (a) Litigation and mediation, prospective advocates are generally not
ready in the practice of litigation and mediation proceedings; (b) Personality, in general prospective
lawyer do not yet have the character and personality like their seniors; (c) Managerial, in general
lawyer candidates do not yet have the ability to manage legal offices independently/jointly; (d)
Professional Organizations, unclear regulations regarding lawyer certification due to the obscurity
of the sole organization of lawyers, all of which hinder the improvement of the human resources
quality of lawyers. Whereas the purpose of regulating the lawyer profession in the law number 18
of 2003 on Lawyer is to equalize the status of the lawyer profession with other legal professions.
Moreover, it was to provide a clear legal profession structure in order to strengthen public
accountability from the administration of justice, which are to guarantee the legal rights of actual
clients (clients being represented) and potential clients (the wider community). Lawyer as a vital
element for the search for material truth in the judicial process, especially from the point of view of
the client's legal interests. Arrangements are also aimed at protecting the public from legal services
provided by lawyers under the standards of a professional lawyers (Fuady, 2005: 12-13).
As one of the pillars of the legal and human rights movement, a Lawyer is required to have adequate
mentality, integration, capabilities, and skills in carrying out their duties. In order to realize the
profession of lawyer as officium nobile and improve the quality as well as professionalism of
Indonesian lawyers as mandated in Article 2 paragraph (1) of Law Number 18 of 2003 concerning
Lawyers. According to Indonesian Advocates Organization (PERADI) Regulation Number 3 of 2006,
the prospective lawyers are required to attend Advocate Professional Education (PKPA) as one of
the requirements to take the Advocate Professional Examination.
Aspects related to the management of education and training are closely related to the concept of
education and professional training in the process of learning and practices in the field of law.
Training is carried out by and within organizations that lead to changes in the knowledge, skills,
attitudes and behavior of members or prospective members of the organization to meet the
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URL: http://dx.doi.org/10.14738/assrj.76.8431 440
Bulan, R. R., Sanusi, A., Gintings, A., & Hanafiah, N. (2020). Implementation of Advocate Special Professional Education Program (PKPA) by PKPA Institutions,
Indonesian Advocates Association (AAI) Bandung. Advances in Social Sciences Research Journal, 7(6) 438-449.
expectations of professional work qualifications and demands for organizational development both
internally and externally, in collaboration with higher education institutions in the field of law. A
job that is categorized as a profession, including a lawyer, is required to have certain qualification
standards, which are the minimum standard provisions that must be taken by the profession in
carrying out their work (Djojonegoro, 1998: 32-33).
Professional qualification standards of lawyers must be arranged systematically and must be able
to be justified scientifically. This qualification standard should be used as a reference and must be
taught when the people in profession is still in the process of education and training in order to get
the expected output. From year to year, the increase is seen as seen in the Table 1 below.
Table 3: PKPA Participants
Year UPA Participants Pass Not Pass
2018 6100 (Batch 1)
5297 (Batch 2) 91.8% 8.2%
2017 5058 89.6%
(4178) 10.4%
2016 4764 81% 19%
2015 5157 (Batch 1)
4928 (Batch 2)
88.7%
(4574) 11.3%
Source:https://www.hukumonline.com/berita/baca/lt589ecd9f0a208/uj
ian-advokat-di-awal-2017-jumlah-peserta-meningkat.
Looking at the data in the table above, the problem is getting bigger, especially related to the
increasing number of PKPA training participants. It can be seen that in 2015 there were two batches
of participant registrations with a total of 10,085 registrants, while only 4,574 or 88.7% participants
were declared to have passed the training. In 2016, there was one batch of registration with a total
of 4,764 participants and 3,858 or 81% of the participants were declared to have passed. Whereas
in 2017 there were 5,058 applicants for training and the number of participants passed reached
4,178 or 89.6%. Meanwhile, in 2018, there were two training batches for a total of 11,397
participants who passed 10,462 or 91.8 % participants. Every year there are participants who do
not pass, this is because the training institutions available are still limited, with a high number of
applicants as training participants who do not pass the Advocate Professional Examination (UPA)
so it is necessary to optimize the limited institutions. Optimization of educational and training
institutions (training and education) for professional training of prospective advocates that needs
to be done by the government and other organizations is one form of optimization of existing
institutions. The intended optimization is to improve the quality of management of education and
training programs, one of which.
METHOD
The research subjects involved were the chairman of the foundation, the head of the rehabilitation
program field, the coordinator of the lawyer professional education program, and the facilitator.
This case study research is an in-depth study of the implementation of the PKPA for Fostering
Professional lawyer at Institutions, the Indonesian Advocate Association (AAI) Bandung and the
social interaction between managers and training participants and the results of the study provide
a broad and in-depth overview of success organized program.
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Advances in Social Sciences Research Journal (ASSRJ) Vol.7, Issue 6, June-2020
Qualitative research methods, mastery of insight into the field under study, the readiness of
researchers to enter the object of research, both academically and logically (Sugiono, 2012: 305).
Case study research focuses intensively on one particular object that studies it as a case. Arikunto
(2010: 25). Stating that the case study method as a type of descriptive approach, is an intensive,
detailed and in-depth study of an organism (individual), institution or specific symptom with a
narrow area or subject. Furthermore, case study data can be obtained from all parties concerned, in
other words data in this study were collected from various sources (Nawawi, 2003: 97). As a case
study, the data collected comes from various sources and the results of this study only apply to the
case being investigated.
Instrumental case study research is a case study research conducted by examining cases to provide
an in-depth understanding or clarify a generalization process (Creswell, 2012: 109). In other words,
the implementation of PKPA to foster professional advocates at the institution so that it is
positioned as a means (instrument) to show in-depth explanations and understanding of policies,
design and implementation of programs other than those commonly described. Through the case
investigated, the researcher intends to show something special that can be learned from a case,
which is different from the explanation obtained from other objects. In this research, the
Implementation of PKPA to Foster Professional Advocates at Institutions, the Indonesian Advocates
Association of Bandung is considered a case that will be examined and explored through relevant
data collection and analysis techniques.
RESULT AND DISCUSSION
Advocate special Professional Education Program is professional education which is a required to
become a lawyer. It aims to produce lawyers who are well behaved, honestly responsible, fair and
have high integrity. This education activities are carried out by advocate organizations, the
requirements of participants who can take part in this education and training program as stated in
Article 2 paragraph (1) of Law Number 18 of 2003 concerning Advocates are has a bachelor with
background or graduated from law faculty, sharia faculty, military law college or police science
college.
After participating in the education and training program, prospective advocates must take an
advocate professional examination (UPA) conducted by advocate organizations, UPA carried out by
the Indonesian Advocate Association (AAI) decided that those who can take UPA are those who have
participated in special professional training courses conducted by advocates universities or other
institutions that are approved by the Indonesian Advocate Association (AAI, 2017).
The basic rules of professional ethics of the Advocate are, first, the profession must be viewed and
internalized as a service, therefore, the selfless nature (disinterestedness) becomes characteristic
in developing the profession. What is meant by "no strings attached" here is that the decisive
consideration in decision making is the interests of the client or patient and the public interest, and
not his own interests (professional profession) if the selfless nature is ignored, then professional
development will lead to utilization of (which can lead to abuse) fellow human beings who are
experiencing difficulties or distress. Second, Professional Services in prioritizing the interests of
patients or clients refers to the interests or noble values as norms of criticism that motivate
attitudes and actions. Third, the profession must always be oriented towards society as a whole.
Fourth, for competition in the service to take place in a healthy manner so as to guarantee the quality
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URL: http://dx.doi.org/10.14738/assrj.76.8431 442
Bulan, R. R., Sanusi, A., Gintings, A., & Hanafiah, N. (2020). Implementation of Advocate Special Professional Education Program (PKPA) by PKPA Institutions,
Indonesian Advocates Association (AAI) Bandung. Advances in Social Sciences Research Journal, 7(6) 438-449.
and increase in the quality of the professional bearer, the professional bearer must be enthusiastic
about solidarity among fellow professionals.
PKPA is one of the requirements when someone wants to become an advocate in accordance with
what is stated in the law. This shows that the dynamics of different cases or problems require
professional staff to solve a problem. The emergence of this institution as a real answer that the
weakness of human resources, especially in handling a problem so that before plunging directly
prospective advocates must be educated first through professional education.
The idea of dogmatic law is very different from the mind of understanding traditional law. Not
human for law, but law for human. Thus, humans are at the central point of law, which means
happiness, welfare, a sense of justice, etc. become the center of legal attention. If the law is unable
to guarantee human happiness, then the law needs to be addressed, reorganized. In the concept of
dogmatic law, humans are above the law. The law becomes a means to guarantee and protect
various human needs (Pound, 2009: 11-12).
Law is not an absolute and autonomous document. Because legal enforcement rests on humans,
therefore, creativity in actions is an important requirement. The meaning of creativity here is
behavior that actively and consciously strives for the law to make people happy. Thus, humans who
play the role of law enforcement officers will not stop at the work of merely reading the law but
must use it consciously to achieve humanitarian objectives carried by the law. Dogmatic law
enforcement is also related to legal products that have character (Manan, 2006: 27-28).
In order to realize theological products based on theology, legislation is not only measured by
actions that have fulfilled the prescribed procedures. It is not only legalism, formalism and
dogmatism are needed in making law, but more must be prioritized is the product of law oriented
to the people. The intended legislation product cannot serve the interests of the elite, elite groups,
certain groups, but rather listening to the broad needs of the people. Starting from the basic idea of
dogmatic law enforcement, then to implement it, the determination of all components of law
enforcement is the first step that needs to be sought (MD, 2000: 22-23). In this case, judges,
prosecutors, police, and advocates, need to sit together at one table to synchronize perceptions and
concepts regarding progressive law enforcement. Such a step, indeed, is very likely to invite protests
from the liberal camp who regard the common perception as a violation of independence and
deviations from tradition in law enforcement that have been accepted and are considered to be used
continuously. But it really needs to be realized together, that the liberal law enforcement system is
not something that must be absolutely accepted as the only truth (Hendra, 2000: 98-99).
Policy related to the implementation of the PKPA to foster professional advocates at the institute,
the Indonesian Advocates Association in Bandung. This is based on the legal basis for the
implementation of PKPA, Law No. 18 of 2003 concerning Advocates requires Bachelor with a legal
education background who will work as Advocates to attend PKPA. For this purpose, the Faculty of
Law of the University of Indonesia through The Center for Continuing Legal Education (CLE-FHUI)
held a "Advocate Special Professional Education Program " in collaboration with the Indonesian
Advocates Organization (PERADI).