scholarly journals CRITICAL EXAMINATION ON THE MECHANISM OF APPLICATION SUBMISSION FOR LEGAL ASSISTANCE BUDGETING IN INDUSTRIAL RELATION DISPUTES

2021 ◽  
Vol 6 (2) ◽  
pp. 265-278
Author(s):  
Agisa Tri Handias ◽  
Nabitatus Sa'adah

Imbalances and difficulties when workers experience industrial disputes bring out possibility of defeat in the trial. So the Government has an obligation to fight for justice by providing the budget for legal aid derived from the state budget and allocated to the budget of the Ministry of Law and Human rights. The research method used is normative, which is research that sees the effectiveness of prevailing laws. The results showed that the provision of legal aid budgets hasn’t been able to run optimally because government hasn’t provided a forum for applying legal aid budgets to legal remedies of cassation in Industrial disputes.

Author(s):  
Anton Aulawi ◽  
Ratu Mimi Darniasih

The purpose of this research was to determine the role of Legal Counselors in the Regional Office of the Banten Ministry of Law and Human Rights in the socialization of free legal aid for the poor. In this research the authors use a methodology with a qualitative approach. In the research to be conducted, researchers will use three data collection techniques, by interview, observation, and documentation. The results of this research are that legal aid regulated by Rule Number 16 of 2011 years concerning Legal Aid, is the state's obligation to provide the rights of every citizen to get legal protection and human rights, especially for the poor. The provision of legal aid as a state obligation to implement the constitutional rights of the poor is to provide funding to legal aid organizations with the State Budget. The state is present to provide legal assistance, one of which is by means of the Regional Office of the Ministry of Law and Human Rights Banten. The method of socialization about free legal assistance to the poor is done by legal counseling activities with direct and indirect methods; firstly, legal counseling is carried out solely by law enforcement officers from the Regional Office of the Ministry of Law and Human Rights Banten. Secondly, legal counseling is carried out by accredited legal aid organizations but with budgets derived from legal aid funds from the state  with the authority of budget users from the Ministry of Law and Human Rights.


2018 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
DADANG SUPRIYATNA

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.


Author(s):  
Nofrizal Nofrizal

The emergence of Law No. 16 of 2011 on legal aid is expected to realizethe right society in obtaining justice. Empirically, it is known that thelaw is enjoyed by many people who has the ability to pay a lawyer oradvocate only. While the poor or who are not able to tend to resignwith the circumstances, so that the term appears that we often hear, theblunt law upward, sharp down. In Rokan Hulu district of Riau Provincethe district government together with the DPRD welcomed The lawimmediately drew up local regulations on legal aid for the poor. It isstated in the rules of the Regional Regulation Rokan Hulu No. 6 onlegal aid for the poor, but which became constraint is that in the areastill minimal LBH (Legal Aid Institutions) are eligible to give advocacyfor the poor in accordance with the requirements requested by thegovernment, the Legal Aid Institute who has been accredited by theMinistry of Law and Human Rights, and accredited by the Ministry ofJustice and Human Rights many conditions must be met so that whenthere is a credible Legal Aid Institution in the area want provide legalassistance to the poor, but cannot be done because of being knockedby requirements required by the government. The hope is that theaspirations of our country in realizing the rights of society in obtainingthis justice can be achieved, it needs further arrangements that lead toit the implementation of legal aid programs for these poorcommunities by taking into account the quantity of legal institutionsthere are and many conflicts that need to be given advocacy assistancefor these incapable people.


2020 ◽  
Vol 12 (1) ◽  
pp. 74
Author(s):  
Roni Ismail ◽  
Endeh Suhartini

Legal aid is a constitutional right for Indonesian citizens to obtain legal protection and equality. The existence of Law Number 16 of 2011 is a manifestation of that constitutional right. Fulfillment of legal aid for the poor in Bogor City has been partially implemented using APBD funds in accordance with Regional Regulation No. 3 of 2015 concerning Legal Aid for the Poor and Mayor Regulation Number 39 of 2015 as the Implementing Regulation. The provision of legal aid to the poor in Bogor which refers to the Bogor City Regulation No. 3 of 2015 concerning Legal Aid for the Poor has not yet been realized specifically for the people of Bogor City. This is due to obstacles from external and internal factors in its implementation, namely in the form of a Legal Assistance Organization  which is only one accredited at the Ministry of Law and Human Rights and limited funds for absorption of legal aid implementation activities. Therefore, the  Government needs to involve Legal Aids (LKBH-LKBH) in private university institutions in Bogor and its surroundings to be able to realize the plan for establishing Legal Consultation innovations (legal clinics) in 68 urban office Bogor City


2020 ◽  
Vol 3 (1) ◽  
pp. 112-125
Author(s):  
Hasjad Hasjad

Development of village fund management is very much needed by the community so that it can be enjoyed by all levels of society in the villages. The seriousness of the government in developing villages is evidenced by the start of allocation of the Village Fund budget for 2015. The allocation of the Village Fund is mandated by Law (Law) Number 6 of 2014 concerning Villages and Government Regulation (PP) Number 6 of 2014 concerning Village Funds Sourced from STATE BUDGET. The regulation explained that the administration of the village government adheres to the principle of decentralization and the task of assistance. The principle of decentralization raises village internal funding (Desa APBD), while the principle of co-administration provides an opportunity for Villages to obtain funding sources from the government above it (APBN, Provincial APBD, Regency / City APBD). This study aims to observe what the development of village funds looks like, how they are implemented and the impact of the use of village funds in supporting development activities and community empowerment. The research method used is a qualitative research method that relies on observing places, actors and activities in Konawe Selatan Regency, Southeast Sulawesi Province, which was chosen as a case study. Initial observations show that the Village Fund does not have significant results in improving the welfare of the community. These indications are evident in the welfare of the community which has not improved with the existence of the village fund. Therefore it is necessary to develop a good management of village funds to improve the welfare of rural communities, especially in Konawe Selatan District. The output to be achieved is the scientific publication with ISSN Online and the level of technological Readiness that will be achieved 1-3.


Author(s):  
Mosgan Situmorang

<p>Dalam Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum dikatakan bahwa pemberi bantuan hukum adalah lembaga bantuan hukum atau organisasi kemasyarakatan yang memberi layanan bantuan hukum. Jasa hukum yang diberikan kepada penerima bantuan hukum adalah cuma-cuma, dalam ar Ɵ mereka Ɵ dak mendapat upah dari pihak yang dibantunya, namun pemerintah akan memberikan dana bantuan untuk se Ɵ ap kasus yang ditangani yang besarnya disesuaikan dengan jenis kasusnya. Dana bantuan tersebut memang Ɵ dak akan diberikan kepada semua organisasi bantuan hukum, tetapi hanya kepada organisasi bantuan hukum yang sudah memenuhi syarat sesuai dengan Undang-Undang Bantuan Hukum. Karena dana tersebut berasal dari Anggaran Pendapatan dan Belanja Negara, maka tentu saja akuntabilitas organisasi bantuan hukum yang menerima dana tersebut harus dapat dipertanggung jawaban kepada masyarakat. Tulisan ini adalah berupa kajian norma Ɵ f, dengan demikian data yang digunakan adalah data sekunder berupa bahan primer yakni peraturan perundang undangan, utamanya Undang-Undang Nomor 16 Tahun 2011 dan undang- undang lain yang terkait serta bahan sekunder berupa bahan kepustakaan dan data dari internet. Dalam peneli Ɵ an ini disimpulkan bahwa Undang- Undang Bantuan Hukum sudah dapat mengan Ɵ sipasi perlunya akuntabilitas organisasi bantuan hukum tapi masih perlu di Ɵ ngkatkan dengan cara membuat aturan-aturan yang mendukung terciptanya akuntabilitas tersebut terutama peraturan mengenai standar bantuan hukum.</p><p>In Law No. 16 Year 2011 regarding Legal Aid, stated that legal aid provider is a legal aid organiza Ɵ on or community organiza Ɵ ons that provide legal aid services. Legal services provided by the legal aid organiza Ɵ on is free in the sense that they do not get paid from those who helped. However, the government will provide fi nancial assistance for each case handled that amount is in accordance with the type of case. The grant is not given to all legal aid organiza Ɵ ons but only to a legal aid organiza Ɵ on that has been quali fi ed in accordance with the Legal Aid Act. Because these funds come from the state budget of course accountability of legal aid organiza Ɵ ons receiving funds must be able to be an answer to the public. This paper is a norma Ɵ ve review, thus the data used are secondary data from the primary material i.e laws and regula Ɵ ons, especially Law No. 16 of 2011 and other laws related and secondary materials in the form of the literature and data from the internet.This study concluded that the Legal Aid Act was able to an Ɵ cipate the need for accountability of legal aid organiza Ɵ ons but it is need to be improved by making rules that favor the crea Ɵ on of accountability mainly standard rules regarding legal aid.</p>


2021 ◽  
Vol 6 (1) ◽  
pp. 468
Author(s):  
Yohana Damayanti Br Kaban ◽  
Beniharmoni Harefa

Abstract During the Covid-19 pandemic, the government through the Ministry of Law and Human Rights reviewed the policy through Permenkumham No 10 in 2020 regarding the release of assimilation and the executive order making the child the perpetrator of this crime many were released. This makes bapas must improve the implementation of the development of the freed child. The problem in this study is how to optimize BAPAS in the implementation of child development as the perpetrator of crimes that are released because of Covid-19 and the obstacles faced by bapas in the implementation of the construction. The purpose of this study is to know how to optimize BAPAS in the development of children as perpetrators of crimes that are released because of Covid-19 and know the obstacles faced by bapas in the implementation of the construction of children as perpetrators of the crime struck. The research method used is normative juridical using secondary data obtained through literature studies such as scientific books, journals, laws. Key words : Correctional Center; Child; Covid-19 Abstrak Dimasa pandemi Covid-19, pemerintah melalui Kementerian Hukum dan HAM mengeluarkan kebijakan melalui Permenkumham No. 10 tahun 2020 terkait pembebasan dan asimilasi membuat anak sebagai pelaku tindak pidana ini banyak yang dibebaskan. Hal tersebut membuat pihak Balai Pemasyarakatan harus meningkatkan pelaksanaan pembinaan terhadap anak yang dibebaskan tersebut. Permasalahan dalam penelitian ini adalah bagaimana optimalisasi Balai Pemasyarakatan dalam pelaksanaan pembinaan anak sebagai pelaku tindak pidana yang dibebaskan karena Covid-19 dan kendala yang dihadapi pihak Balai Pemasyarakatan dalam pelaksanaan pembinaan tersebut. Tujuan penelitian ini adalah mengetahui bagaimana optimalisasi Balai Pemasyarakatan dalam pelaksaan pembinaan anak sebagai pelaku tindak pidana yang dibebaskan karena Covid-19 dan mengetahui kendala-kendala yang dihadapi pihak Balai Pemasyarakatan dalam pelaksanaan pembinaan terhadap anak sebagai pelaku tindak pidana yang dibebaskan tersebut. Metode penelitian yang digunakan adalah yuridis normatif dengan menggunakan data sekunder yang diperoleh melalui studi kepustakaan seperti buku-buku ilmiah, jurnal, undang-undang. Kata kunci: Balai Pemasyarakatan; Anak; Covid-19


Author(s):  
Rosnida Sari

This paper looks at the Acehnese women's movement in helping to respect women's work in the grassroots community. This effort was carried out to give recognition and appreciation for women who have dedicated themselves to upholding women's human rights in Aceh, because there are still many people who do not yet know the humanitarian work they have done. The women who were nominated were those who worked since the time of the conflict until now. This voluntary work they do without financial support on a regular basis from the government, although some of them are listed as volunteers in their respective city P2TP2A. The types of cases they handle vary, from domestic violence cases to women's empowerment and society. This research was conducted in the Banda Aceh, Bener Meriah and Central Aceh regions. The research method for this study was in-depth interviews of winners, nominees and implementers of activities shaded by the Ureung Inong Aceh Shura Hall. The results of this study indicate that there are ups and downs in the implementation of this activity. Some of the obstacles that hindered him were the unavailability of funds, weak government commitment and lack of coordination of women's institutions in Aceh in the success of this activity.Keywords: Aceh Women Award, Aceh Women's Movement, Empowerment


2020 ◽  
Vol 3 (2) ◽  
pp. 135
Author(s):  
Yosie Ervanda ◽  
Anis Fuadah Z

The purpose of this study was to see the traditional cublak-cublak suweng game from D.I Yogyakarta, and the order for the character of responsibility for students. Knowing the method of implementing the cublak-cublek suweng game that can shape the character of responsibility for students. This research method is research research. The research subjects were research articles and web that discussed the cublak-cublak suweng game that could be accounted for for its authenticity and correctness. The scope of this research includes elementary school teachers, elementary school children, and the surrounding community who are familiar with this game, as well as the role of the government in preserving the cublak-cublak suweng game and applying it to elementary schools at this time.This research was conducted to explain whether the cublak-cublak suweng game in the present era can give pleasure after being played and the impact that occurs after being played 1) Introduction to what cublak-cublak suweng is and how to play it. 2) Implementation of the cublak-cublek suweng model that can develop the character of responsibility for students, 3) The effectiveness of the cublak-cublak suweng game in shaping the character of responsibility for students. 4) what are the effects if you continue to drink it again and again. 


2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.


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