scholarly journals Legal Assistance for the Poor in Rokan Hulu District of Riau Province

2019 ◽  
Vol 1 (4) ◽  
Author(s):  
Nofrizal Nofrizal
Keyword(s):  
Human Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Ability To Pay ◽  
The Poor ◽  
District Government ◽  
The Government ◽  
Aid Programs

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.

scholarly journals PERSPEKTIF BANTUAN HUKUM DI KOTA BOGOR DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2020 ◽  
Vol 12 (1) ◽  
pp. 74
Author(s):  
Roni Ismail ◽  
Endeh Suhartini
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Private University ◽  
Legal Assistance ◽  
Legal Aid ◽  
Internal Factors ◽  
The Poor ◽  
The People ◽  
Constitutional Right ◽  
The Government

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

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.

scholarly journals Access to Justice and Fair for the Poor: How Effective the Legal Aid Provided by Government?

2021 ◽  
Vol 3 (2) ◽  
pp. 173-184
Author(s):  
Dani Setiawan
Keyword(s):  
The State ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Law And Justice ◽  
The Government

Providing legal assistance to the poor continues by the government to realize legal access and justice for all levels of society. Several regulations regarding legal aid have been issued by the state through the law and implementing regulations, but the fact is that the provision of legal aid is not yet effective. This causes a lack of access to law and justice for the poor. The effectiveness of providing legal aid by the government needs to be assessed to see how effective the legal aid program provided by the government is to realize legal access and justice for the poor. Therefore, criticism and advice should be given to the government in order to optimize legal assistance in order to achieve legal access and justice for all levels of society.

scholarly journals PERAN PELAKSANA PENYULUHAN HUKUM KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM BANTEN DALAM SOSIALISASI BANTUAN HUKUM GRATIS BAGI MASYARAKAT TIDAK MAMPU

2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Anton Aulawi ◽  
Ratu Mimi Darniasih
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
State Budget ◽  
Regional Office ◽  
The Poor ◽  
Rule Number

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.

Implementasi Pemberian Bantuan Hukum Di Kota Samarinda Berdasarkan Perspektif Administratif Dalam Undang-Undang Nomor 16 Tahun 2011

2017 ◽  
Vol 7 (2) ◽  
pp. 109
Author(s):  
Abdul Mukmin Rehas, S.H., M.H
Keyword(s):  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
Low Level ◽  
The Poor ◽  
Important Means ◽  
The Government ◽  
The City

ABSTRACT Legal aid is a very important means in terms of gaining the needs of the poor society in this case to obtain the justice and retain their rights because not all people are able to afford to pay the attorneys' fees that are reliable and professional to retain the rights and ensure legal certainty nor justice for one of the parties. Thus the government needs to provide legal assistance to the community with low level economy to find the justice for him, and mandatory for the government to implement the City Legal Assistance in Samarinda in order to run in perspective and in accordance with law No. 16 in 2011.

scholarly journals ANALISIS PENERAPAN SISTEM PEMBUKTIAN TERBALIK TERHADAP TINDAK PIDANA KORUPSI

2021 ◽  
Vol 3 (2) ◽  
pp. 68-78
Author(s):  
A. Ardiansyah Akbar ◽  
Zulkifli Makkawaru ◽  
Baso Madiong
Keyword(s):  
Human Rights ◽  
Class I ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Research ◽  
Legal Process ◽  
Regional Office ◽  
Research Results ◽  
South Sulawesi ◽  
The Poor

Penelitian ini bertujuan untuk mengkaji dan menganalisis dan memahami mengenai Pelaksanaan Kerjasama kemitraan antara Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Sulawesi Selatan dengan Organisasi Bantuan Hukum dalam pemberian bantuan hukum bagi masyarakat miskin atau tidak mampu  di wilayah provinsi Sulawesi Selatan. Untuk mengetahui kendala yang dihadapi Organisasi Bantuan Hukum dalam Pelaksanaan bantuan hukum bagi masyarakat miskin atau tidak mampu. Penelitian hukum ini adalah penelitian hukum empiris, yang mengkaji mengenai bantuan hukum bagi masyarakat miskin demi terselenggaranya proses hukum yang adil di Makassar. Untuk mendapatkan hasil penelitian yang dapat dipertanggung jawabkan maka penelitian ini mengambil data dari Kantor Kanwil Wilayah Kementerian Hukum dan HAM Sulawesi Selatan, Rutan Kelas I Makassar dan LBH Makassar merupakan lokasi penelitian yang akan digunakan peneliti untuk mandapatkan bebrapa data terkait bantuan hukum di makassar pada khususnya. Pelaksanaan Program Kerjasama antara Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Sulawesi Selatan dengan Organisasi Bantuan Hukum dalam pemberian bantuan hukum bagi masyarakat miskin di wilayah Sulawesi Selatan sudah berjalan dengan baik namun masih kurang efektif karena dalam pelaksanaannya masih ditemukan Organisasi Bantuan Hukum yang melaksanakan tugasnya namun tidak sesuai standar pemberian bantuan hukum. This research aims to study, analyze, and understand the implementation of partnership cooperation between the Regional Office of the Ministry of Law and Human Rights of South Sulawesi and the Legal Aid Organization in providing legal assistance for the poor or underprivileged in the province of South Sulawesi. This is to find out the obstacles faced by legal aid organizations in implementing legal aid for the poor or underprivileged. This legal research is an empirical legal research, which examines legal assistance for the poor for the sake of implementing a fair legal process in Makassar. To obtain accountable research results, this study collects data from the Regional Office of the Ministry of Law and Human Rights of South Sulawesi, Prison Class I Makassar and LBH Makassar as research locations to obtain some data related to legal aid in Makassar particularly. The implementation of the Cooperation Program between the Regional Office of the Ministry of Law and Human Rights of South Sulawesi and the Legal Aid Organization in providing legal assistance to the poor in the South Sulawesi region has been running well but this is still ineffective because in its implementation there are still legal aid organizations that do not comply with the standards of legal assistance when carrying out their duties.

scholarly journals PENGARUH BANTUAN HUKUM TERHADAP MASYARAKAT MISKIN ( Meninjau Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum)

2013 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Ihdi Karim Makinara
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Supreme Court ◽  
Research Methods ◽  
Legal Assistance ◽  
Legal Aid ◽  
Judicial Process ◽  
The Poor ◽  
The Supreme Court ◽  
The Law

Bantuan hukum adalah salah satu upaya mengisi hak asasi manusia (HAM) terutama bagi lapisan masyarakat termiskin rakyat Indonesia. Bantuan hukum harus dimaknai dan dilaksanakan sebagai upaya perjuangan menegakkan HAM bagi si miskin. Tujuan bantuan hukum perlu diperluas, dak saja terbatas pada bantuan hukum individual, tetapi juga struktural dan juga jangan terbelenggu dengan jalur-jalur formal semata. Dengan diundangkan Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum memunculkan permasalahan bagaimana pengaruh bantuan hukum terhadap masyarakat? Dengan menggunakan metode peneli an norma f dan dengan pendekatan data secara kualita f yang dianalisis deskrip f, didapatkan kesimpulan bahwa keberadaan Undang-Undang Bantuan Hukum belum maksimal memberikan pengaruh terhadap bantuan hukum bagi masyarakat miskin, karena bantuan hukum masih dalam jalur formalis k dan masih bersifat pasif. Pendanaan penyelenggaraan bantuan hukum yang digeser dari Mahkamah Agung, Kejaksaan Agung, dan Kepolisian kepada Menteri Hukum dan HAM dan dilaksanakan oleh Lembaga Bantuan Hukum atau Organisasi Kemasyarakatan agar dapat menyentuh orang atau kelompok orang miskin, tetapi besar anggaran perlu memper mbangkan proses peradilan yang berjalan, karena dikhawa rkan dapat menghambat orang miskin dan kelompok orang miskin untuk mengakses keadilan guna mewujudkan hak-hak kons tusional mereka.<p>Legal aid is an effort to fulfill human rights, especially for Indonesian poorest society. Legal aid should be interpreted and implemented as an effort of human rights enforcement for the poor. The purpose of legal aid should be expanded, not just limited to individual legal assistance, but also structural and not fe ered by mere formal channels. By enacted the Law Number 16 Year 2011 on Legal Aid, raises the ques on of how the in fl uence of legal assistance to the society? By using norma ve research methods and approaches qualita ve data were descrip vely analyzed, was concluded that existence of legal aid has not been maximized e ff ect to legal assistance for the poor, and because of it is s ll on formalis c track and passive. Funding of legal assistance shi ed from the Supreme Court, A orney General and Police to the Ministry of Jus ce and implemented by a Legal Aid Ins tu on or civil society organiza on in order to reach people or the poor community, but the magnitude of budget needs to consider the judicial process, because it feared could hinder the poor to access of jus ce to realize their constuonal rights.</p>

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
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Critical Examination ◽  
Legal Assistance ◽  
Legal Aid ◽  
State Budget ◽  
Is Research ◽  
Legal Remedies ◽  
Industrial Disputes ◽  
The Government

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.

scholarly journals Legal Aid Institutions as a State Solution for the Poor in Getting Legal Protection

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Auliya Rochman
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Legal Protection ◽  
Legal Aid ◽  
Literature Study ◽  
Conceptual Approach ◽  
The Poor ◽  
State Administration ◽  
The Rich ◽  
The Government

This study examines how the rules of the Legal Aid Institute in providing legal protection to the poor in Indonesia. As well as how the implementation of legal aid institutions in Indonesia in providing legal protection to the poor to examine the problem, the research methods used are; normative legal research methods with the statute approach, and the conceptual approach. The legal material collection technique used in this research is literature study. Research results confirm that poverty is one of the biggest problems in upholding human rights in obtaining legal assistance. The human rights approach is one of the basic principles of the government in serving people who are unable to overcome or provide legal protection in facing legal problems that are being faced either criminal, civil or state administration, so that the rights of the poor are not lost. Implementation of Providing Legal Aid is a law of social justice, where these values ​​include respecting the dignity and rights of individuals before the law, addressing the imbalance of power and legal injustice between the rich and the poor

scholarly journals Eksistensi Paralegal dalam Pemberian Bantuan Hukum bagi Masyarakat Miskin

2019 ◽  
Vol 6 (1) ◽  
pp. 70
Author(s):  
Eka N.A.M. Sihombing
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
Laws And Regulations

<h1>The role of paralegals is needed to handle cases of non-litigation and litigation to fulfill the need for legal aid rights for the poor in facing the law, however, the provision of the role of paralegals in providing litigation legal assistance as stated in article 11 and article 12 Minister of Law and Human Rights of Republic of Indonesia number 1 of 2018 concerning paralegals in the provision of legal assistance based on the Supreme Court decision number 22 P / HUM / 2018 was declared contrary to the higher laws and regulations, namely Law Number 18 of 2003 concerning Advocates and hence not generally accepted. Thus, after the Supreme Court's ruling, paralegals can no longer provide legal litigation aid. Advocate are the only professions who are authorized to carry out legal aid in litigation and court</h1><p class="KataKunciInggris"> </p>

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