The Contribution of the European Charter of Human Rights to the Right to Legal Aid

2013 ◽  
pp. 71-90 ◽  
Author(s):  
Edita Gruodytė ◽  
Stefan Kirchner
Keyword(s):  
Human Rights ◽  
Legal Aid ◽  
The Right

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

scholarly journals Free legal aid in the context of the right of access to court

2020 ◽  
Vol 59 (89) ◽  
pp. 65-82
Author(s):  
Dušica Palačković ◽  
Jelena Čanović
Keyword(s):  
Human Rights ◽  
National Level ◽  
European Convention ◽  
Quality Level ◽  
The European Union ◽  
Legal Aid ◽  
European Court ◽  
The Republic ◽  
The Right ◽  
Right Of Access

The Constitution of the Republic of Serbia explicitly regulates that free legal aid shall be stipulated by the law. In a series of reports on the progress of the Republic of Serbia in the process of joining the EU, there are warnings about the unacceptably low quality level and efficiency of the judiciary, and indications that there is a need to regulate the legal aid system. Finally, this matter was regulated by enacting the Legal Aid Act of the Republic of Serbia, which came into force on 1st October 2019. In addition to the conceptual definition of legal aid, the paper analyzes the right of access to court as a constituent element of the right to a fair trial prescribed in Article 6 of the European Convention on Human Rights, which entails the right to legal aid. The regulation of legal aid at the national level has to meet the standards formulated at the European Union level as well as the standards formulated through the practice of the European Court of Human Rights. In that context, the paper analyzes the regulations and decisions, i.e. the widely recognized and accepted standards. The Legal Aid Act of the Republic of Serbia has been analyzed in the context of meeting these standards, especially in relation to the conditions for granting the right to legal aid and the circle of beneficiaries and providers of certain types of legal aid.

scholarly journals Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor

2021 ◽  
Vol 3 (4) ◽  
pp. 537-552
Author(s):  
Chairani Azifah
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
The Law ◽  
Problem Formulations ◽  
The Right

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.

The African Court on Human and Peoples’ Rights and Its Protection of the Right to a Fair Trial

2017 ◽  
Vol 16 (2) ◽  
pp. 187-223
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Legal Assistance ◽  
Legal Aid ◽  
Reasonable Time ◽  
African Charter ◽  
The Right

Abstract Article 3(1) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights provides that: “[t]he jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the [African] Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.” Since its establishment, the African Court on Human and Peoples’ Rights has handed down judgments dealing, inter alia, with the right to a fair trial under Article 7 of the African Charter on Human and Peoples’ Rights. This article discusses these judgments to highlight how the Court has interpreted or applied Article 7 of the African Charter. The author will analyse the jurisprudence of the Court on the right to a fair trial and in particular discuss the following themes that have emerged from this jurisprudence: the Court’s interpretation of the components of the right to a fair trial; the right to be heard and the right to defend oneself; the right to legal assistance, including legal aid; manifest errors in the trial; the right to be tried within a reasonable time; and the role of a prosecutor in contributing to the fairness of the trial. The author also discusses how the African Court has invoked other treaties to interpret the relevant provisions of the African Charter and how the African Court has interpreted other treaties apart from the African Charter.

scholarly journals BANTUAN HUKUM BAGI MASYARAKAT TIDAK MAMPU DALAM PERSPEKTIF TEORI KEADILAN BERMARTABAT

2016 ◽  
Vol 9 (1) ◽  
pp. 15
Author(s):  
Tri Astuti Handayani
Keyword(s):  
Human Rights ◽  
Equal Treatment ◽  
Legal Aid ◽  
Unequal Treatment ◽  
Sufficient Knowledge ◽  
The Poor ◽  
The Law ◽  
The Right

<p><strong>Abstrak</strong></p><p>Bantuan hukum adalah salah satu upaya mengisi hak asasi manusia terutama bagi lapisan termiskin masyarakat. Konstitusi menjamin hak setiap warga negara mendapat perlakuan yang sama di muka hukum, termasuk hak untuk mengakses keadilan melalui pemberian bantuan hukum. Orang kaya dan mempunyai kekuasaan, dengan mudah mengakses dan mendapatkan “keadilan”, melalui tangan-tangan advokat yang disewanya. Tidak demikian halnya kelompok masyarakat miskin, mereka tidak mempunyai kemampuan untuk memahami hukum  dan tidak mampu untuk membayar advokat,  hal demikian menyebabkan tidak ada perlakuan yang sama di muka hukum untuk mengakses keadilan.<strong></strong></p><p><strong><em>Abstract</em></strong><br /> Legal aid is an effort to fulfill the human rights, especially of the poorest groups of the society. The Constitution guarantees the right of every citizen to equal treatment before the law, including the right to access justice through legal aid. The haves and those having power would easily access and obtain justice, through the hands of advocates employed. That is not the case with the poor who do not have sufficient knowledge of the law and can not afford to pay for lawyers. This situation creates an unequal treatment before the law to access justice.</p>

scholarly journals BANTUAN HUKUM YANG IDEAL BAGI MASYARAKAT TIDAK MAMPU

2018 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
DADANG SUPRIYATNA
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Research Method ◽  
Social Aspects ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Status ◽  
Important Position ◽  
The Right

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocate’s respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacher’s Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.

scholarly journals PELAKSANAAN PEMBERIAN BANTUAN HUKUM PADA TINGKAT PENYIDIKAN BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (KUHAP) DI WILAYAH HUKUM POLRES BUKITTINGGI

2021 ◽  
Vol 3 (2) ◽  
pp. 237-246
Author(s):  
Anny Yuserlina
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Code Of Conduct ◽  
Legal Assistance ◽  
Legal Aid ◽  
Early Stages ◽  
Maximum Protection ◽  
The Right ◽  
Legal Procedures

The provision of legal assistance at the level of investigation in the law of criminal justice in Indonesia is expected to provide maximum protection of the rights of life of suspects, especially those of weak and poor origin in the form of legal aid since the early stages of examination of suspects, Legal aid is not only interpreted as the right of the suspect since the investigation stage, but also as an obligation that must be fulfilled by every law enforcement apparat, especially investigators before starting an examination of suspects. Protection of the human rights of suspects since the stage of investigation is at least expected to be one of the factors that minimize the possibility of arbitrariness by law enforcement apparat and the possibility of irregularities in the application of criminal procedural legal procedures therefore examination at the level of investigation is important to get justice minimizing violations that can occur at any level that includes intimidation at the time of drafting News Of Inspection event so that apparat law enforcement stick to apparat law enforcement code of conduct and human rights values.

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