Indonesia Advances Advocate Law Reform: National Regulator and Stronger Professional Protections Among Proposals

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Indonesia Advances Advocate Law Reform: National Regulator and Stronger Professional Protections Among Proposals

JAKARTA, Indonesia September 18, 2026,  Indonesia is advancing efforts to reform its legal framework governing the advocate profession, with the Government continuing preparations for a new Advocate Bill that would replace or substantially revise the framework established under Law No. 18 of 2003 on Advocates.

The latest development came on September 10–11, 2026, when Indonesia’s Ministry of Law held a follow-up meeting on the preparation of the Advocate Bill involving PERADI and 11 other advocate organizations.

The consultations are part of an ongoing process to collect and reconcile views from different professional organizations before the legislative text moves to subsequent stages.

The reform is significant because Indonesia’s advocate profession has for years faced discussions concerning professional regulation, organizational structures, ethical oversight, professional standards and the independence of advocates.

Constitutional Court Decision Adds Momentum

The legislative process gained additional constitutional significance following a decision by Indonesia’s Constitutional Court (Mahkamah Konstitusi) in June 2026.

Through Decision No. 126/PUU-XXIV/2026, the Constitutional Court provided directions for lawmakers to reform the Advocate Law within a specified period, while taking into account previous Constitutional Court decisions and principles concerning an integrated, independent and accountable system of professional regulation.

The decision has become an important legal reference in the ongoing reform process.

Coalition Draft Proposes a National Advocate Council

One of the most substantial publicly available proposals is contained in a draft prepared by a coalition of advocate organizations.

The coalition’s Draft Bill on Advocates and Advocate Organizations, dated July 16, 2026, was subsequently submitted to the Ministry of Law as input for the legislative process.

The document should be distinguished from the final Government or parliamentary draft. Its provisions represent proposals that may still be modified during the formal legislative process.

Among the central proposals is the establishment of a National Advocate Council (Dewan Advokat Nasional/DAN).

Under the proposed model, DAN would function as an independent professional regulator rather than as a membership organization.

Its proposed responsibilities include:

  • establishing national professional standards;
  • administering national advocate examinations;
  • registering advocates;
  • accrediting advocate organizations;
  • supervising the profession;
  • maintaining national professional records; and
  • supporting professional and ethical accountability.

Multi-Bar System With a Single Regulator

The coalition draft also addresses one of the most significant structural questions facing Indonesia’s advocate profession: the relationship between multiple advocate organizations and national professional regulation.

The proposal would allow a multi-bar system in which several advocate organizations could continue to operate while professional regulation would be administered by a single national regulator.

Under this model, membership organizations and professional regulation would have separate functions.

Whether this model will ultimately be incorporated into the Government’s official bill remains subject to the ongoing drafting and harmonization process.

National Advocate Registration

The proposed legislation would establish a national advocate registration mechanism.

The system is intended to contain professional information including an advocate’s registration status, organizational affiliation, education, examination, internship and disciplinary history.

A centralized registration system could provide courts and law-enforcement institutions with a common reference for verifying the professional status of advocates.

National Professional Examination

The coalition draft proposes a National Advocate Professional Examination designed to establish common professional standards.

The proposed examination would cover not only legal knowledge but also practical legal skills, including:

  • legal document drafting;
  • case analysis;
  • professional ethics;
  • legal aid;
  • practical advocacy;
  • simulations; and
  • professional integrity.

The proposal would therefore place greater emphasis on both legal knowledge and practical competence.

Minimum Two Year Internship

The draft also proposes a minimum two-year internship period for prospective advocates.

The internship would form part of the professional training process before a candidate could become a fully practicing advocate.

The proposal is intended to strengthen practical legal experience alongside formal legal education and examination.

Proposed Advocate Guarantee Mechanism

One of the more distinctive proposals is the introduction of an advocate guarantee mechanism.

Under the coalition draft, an advocate could provide a guarantee concerning a suspect or defendant’s compliance with legal proceedings, including commitments not to:

  • flee;
  • repeat the alleged conduct;
  • destroy evidence; or
  • obstruct the legal process.

The proposal is presented as a possible alternative mechanism in cases involving detention.

However, this remains a proposal contained in the coalition draft and is not currently a statutory power of Indonesian advocates.

Stronger Protection for Advocates and Clients

The proposed legislation also seeks to strengthen protections for advocates when performing professional duties.

Among the issues addressed are safeguards concerning:

  • searches of advocate offices;
  • seizure of defense-related documents;
  • interception of communications; and
  • confidentiality between advocates and clients.

The broader objective is to protect the independence of legal representation while maintaining appropriate legal mechanisms when an advocate is independently suspected of committing a criminal offense.

Access to Information for Legal Defense

The coalition draft also proposes clearer rights for advocates to obtain information, data and documents necessary for representing clients.

The proposal includes sanctions for parties that intentionally obstruct the professional work of advocates.

Reported provisions include proposed imprisonment of one to five years and fines ranging from Rp1 billion to Rp5 billion.

These sanctions remain proposals in the draft and are not currently applicable law.

National and Regional Ethics Bodies

Professional discipline is another area targeted by the proposed reform.

The draft proposes the creation of:

  • a National Advocate Honor Council; and
  • Regional Advocate Honor Councils.

The proposed structure is intended to create a more integrated national system for handling professional and ethical violations across different advocate organizations.

Former Judges, Prosecutors and Police Officers

The draft also proposes additional requirements for former law-enforcement officials seeking to enter the advocate profession.

The proposed provisions concern individuals who previously served as judges, prosecutors or police officers and include requirements relating to:

  • age;
  • professional examination;
  • internship; and
  • a proposed minimum five-year cooling-off period after leaving certain public positions.

The stated rationale is related to professional independence and potential conflicts of interest.

Advocate Oath

The authority responsible for administering the advocate oath is also addressed.

The coalition proposal would reconsider the existing arrangement under which the oath is administered through the High Courts and would potentially assign the function to a professional or national regulatory institution established under the new legislation.

The final institutional arrangement remains subject to the legislative process.

Beyond Organizational Reform

The proposed reform goes substantially beyond the question of which organization should represent advocates.

If implemented in the form contemplated by the coalition draft, the new framework could regulate:

entry into the profession, legal education, professional examinations, internships, national registration, advocate organizations, professional regulation, supervision, ethics, professional immunity and protection, advocate-client confidentiality, criminal-procedure guarantees and disciplinary mechanisms.

The implications would extend beyond the legal profession itself.

Potentially affected groups include members of the public seeking legal assistance, defendants, victims, businesses, foreign investors, civil-society organizations, courts and law-enforcement institutions.

Current Status

As of September 18, 2026, three points should be distinguished.

First, Law No. 18 of 2003 remains the applicable Advocate Law unless and until a new law is enacted.

Second, the reform of the Advocate Law is part of Indonesia’s 2026 legislative agenda and remains under development.

Third, the July 16 coalition draft is a professional-organization proposal and should not be treated as the final Government or parliamentary version of the bill.

The September consultations involving multiple advocate organizations demonstrate that the Government’s drafting process remains ongoing.

Consequently, provisions contained in the coalition draft may still be revised, expanded, reduced or removed before the official legislative text is finalized.

What Comes Next

The next important stage will be the completion and harmonization of the Government’s official draft, followed by the subsequent legislative process involving the House of Representatives (DPR).

The central issues will include how Indonesia ultimately structures professional regulation, how multiple advocate organizations are treated, how professional independence is protected, and how ethical accountability is enforced.

The reform process therefore represents more than an institutional debate within Indonesia’s legal profession.

At its broader level, it concerns the relationship between lawyers, courts, law-enforcement authorities and citizens seeking access to justice.

The final legislation will determine how Indonesia balances professional independence, effective regulation, ethical accountability and the public’s right to legal representation.

MuhammadAriLaw News  Jakarta, Indonesia