ADVOCATE THAT CONDUCT AS A PERMANENT LECTURER (CASE STUDY NO. 47/Pdt.SUS-PHI/2016/PN.Pdg)

Abstract

In the phenomenon of multiple professions carried out by the legal profession bearers, there are also practitioners carrying the legal profession who carry out the profession as advocates, in fact they do concurrent professions as lecturers or teaching staff in a tertiary institution, either in the law faculty, notary master program or program other postgraduates. The holding of multiple positions or professions can also apply the other way around, meaning that the Lecturer also has concurrent professions as an Advocate. The holding of multiple positions or professions as an Advocate and also as a lecturer or teaching staff sometimes raises doubts about whether or not it is permissible to hold multiple positions as a lecturer or teaching staff and vice versa whether or not a lecturer may also double as an Advocate. This doubt has the potential to lead to a debate which sometimes leads to conditions of legal uncertainty. In this study, the authors used normative research or the library research method (library research). Legal research conducted by examining library materials or secondary data, can be called normative legal research or library research, in this case referring to Court decisions that have permanent legal force, namely Decision No: 47/Pdt.SUS-PHI/2016/ PN Pdg. By conducting this research, it is hoped that it can further straighten out views or opinions that the dual profession of a lecturer and an advocate is permissible or not certain based on the applicable positive law. From the results of the study it was concluded that lecturers who are also professional as advocates do not violate the provisions of the law and cannot be justified in laying off double-professional lecturers.