IMPLIKASI HUKUM PENGATURAN SINGLE BAR DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT DITINJAU DALAM PERSPEKTIF KEBEBASAN BERSERIKAT

ABSTRACT
This thesis analyses the legal implications of the Single Bar (Single Organisation) regulation contained in Article 28 paragraph (1) of Law Number 18 of 2003 concerning Advocates, reviewed from the perspective of freedom of association guaranteed by Article 28 E paragraph (3) of the 1945 Constitution of the Republic of Indonesia and international human rights instruments. This normative-legal research critically examines the conflict between the objective of regulating the legal profession through the establishment of a single organisation (the Indonesian Advocates Association - PERADI) and the constitutional right of every advocate to freely form and choose a professional organisation in accordance with their beliefs and aspirations. The research findings indicate that the Single Bar regulation in the Advocates Law implicitly restricts advocates' freedom of association, creates legal conflicts with the higher principle of freedom of association, and generates legal uncertainty and prolonged disputes regarding the legitimacy of professional organisations for advocates in Indonesia; therefore, legal harmonisation and/or policy reconstruction is needed to align professional regulation with the fundamental right to freedom of association.