Justice for Kenny! Legal Profession Solidarity Over Criminalization of In House Counsel

Kenny's case has a negative impact on the in-house counsel profession because it poses a threat of criminalization, whereas in-house counsel should not be able to be punished for the legal opinions they provide.

Mochamad Januar Rizki

August 31, 2024

3 Minute Read

Head of Advocacy and Inter-Institutional Division of ICCA, Tri Junanto Wicaksono. Photo: RES

The criminalization of a legal counsel of PT Energy Equity Epic Sengkang (EEES), Kenny Wisha Sonda, has become a bad precedent for the profession of in-house counsel in Indonesia. Kenny, who was only carrying out his duties to provide legal advice to company leaders, was instead considered to have committed embezzlement by PT Energi Maju Abadi (EMA), EEES' business partner.

The Indonesian Corporate Counsel Association (ICCA) expressed its concern over Kenny's case. "We from ICCA will continue to monitor this case and provide moral support and help with advocacy through the media and others to ensure that Kenny's colleague gets the fairest legal treatment," said ICCA's Head of Advocacy and Inter-Institutional Affairs, Tri Junanto Wicaksono, to Hukumonline, Friday (30/8).

Tri explained that Kenny's case has a negative impact on the in-house counsel profession because it poses a threat of criminalization, where an in-house counsel should not be able to be punished for the legal opinion given. Whereas legal opinions are a duty.

"This is a bad precedent for the in-house counsel profession. We are not given any freedom to provide input to the board of directors and others. So we feel burdened and worried that many friends who enter in-house counsel are afraid because there is a criminal risk to the input provided by in-house counsel," explained Tri.

Senior advocate Todung Mulya Lubis also expressed his concern over the criminalization experienced by Kenny. He said Kenny could not be criminalized for the legal opinion given to the directors.

"I would like to first express my concern for what happened to Kenny Sondah. He is an in-house counsel who used to work at an NGO (Lubis Santosa & Maramis Law Firm). I am concerned and concerned about defending him not because he used to work at an NGO. In principle, Kenny cannot be prosecuted," said Todung.