scholarly journals Equality before the Law Principle in the Implementation of Legal Aid in Indonesia

Author(s):  
Rezal Helwin Bramantara

Legal aid is a legal service provided to the beneficiaries of legal aid according to Law No. 18 of 2003 on Advocates. Considering there are still many people who do not understand that in Indonesia there is also legal aid provided by lawyers at no cost. The ineffectiveness of the application in providing legal aid in Indonesia is a legal issue that is interesting to study more in order to determine the main problems causing lack of effectiveness in the provision of legal aid in Indonesia, which will look for solutions from an idea into a formulation as optimization of legal aid in Indonesia. The issue will be seeking legal issues in the implementation of judicial assistance and formulation of how the application of legal aid may be optimized. This article reviews the development of legal aid as legal services provided by lawyers to people who are not able to freely in Indonesia.

2016 ◽  
Vol 3 (3) ◽  
pp. 549-579
Author(s):  
Alice Woolley ◽  
Trevor Farrow

Most informed observers of the Canadian and American legal systems accept the existence of a significant crisis in access to justice. Evidence shows growing numbers of self-represented litigants, inadequate support for legal aid, far more reported legal issues than there is access to affordable legal assistance, and costly legal services and legal processes out of reach of most middle- and low-income citizens. Bridging this “justice gap” has become the focus of modern access to justice reform efforts.


2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri

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.


Author(s):  
Helmy Yahya Rahma Aji ◽  
Raden Muhammad Arvy Ilyasa

Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.


2020 ◽  
Vol 9 (1) ◽  
pp. 179-180
Author(s):  
Szilárd Sztranyiczki ◽  
Andreea Colțea

The National Program for Land Registration and the Land Registry, which aims to achieve the systematic registration of land in the integrated land cadastre and land register throughout the country by 2023 is in progress. It is a massive undertaking which requires the creation of a new land register and the registration of approximately 40 million immovable assets into it. The present study shows the legal hurdles that have been faced in carrying out the program. These issues are the following: ongoing property and border disputes between the various owners, succession procedures which have yet to be finalized, litigation that has arisen as a result of differences between land measurements and the data in the records held at the land registry. Due to the afore-mentioned legal issues, it is not possible to finalize the systematic registration in the integrated cadastre and land register throughout the country in time (by 2023). Also, there is the legal issue posed by the possibility for the person possessing the immovable asset without valid title to be inducted into the land register as owner, based on a certificate issued by a notary public, which in our opinion, is contrary to the law.


Author(s):  
Alycia Sandra Dinar Andhini

Legal Aid is organized to help resolve legal issues faced by Legal Aid Recipients. The birth of Law No. 16 of 2011 concerning Legal Aid provides new hope for the poor to gain access to justice and equality before the law. This writing aims to determine the implementation of the provision of legal aid and the obstacles that influence it in its implementation because sometimes the implementation of Law Number 16 of 2011 concerning Legal Aid in Indonesian Courts is not optimal. This research focuses on the application of legal aid to the poor, the challenges and problems they face. The method used in this research is empirical research. This study found that in the application of legal aid in several regions in Indonesia, the main problem faced in addition to the lack of availability of accredited legal aid institutions, was also the issue of the budget provided by the state. In addition, in terms of the legal culture of the community, the implementation of legal aid is not optimal due to the understanding of the community not to have anything to do with the law so that many cases that should receive legal assistance cannot be accompanied.  


Author(s):  
Chairani Azifah

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.


FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Deni Achmad

The role of law students in the implementation of legal aid is divided into two, namely the implementation of legal aid litigation and non-litigation legal aid. The role of students in the provision of legal aid services, urgent existence, considering many people who are not capable of, marginalized and legally blind in Indonesia is difficult to get access to justice, especially a dense population and spread across a wide area so it is not proportional to the number Advocates are available and include high student awareness of the legal issues faced by the community/communities are not able to. Students have contributed significantly in their communities by providing legal aid services, running the advocacy work and organizing in their communities in order to encourage growth is growing awareness of the laws of society and realize access to justice (acces to justice) for everyone, especially people not being able to obtain a guarantee in the fulfillment of their rights as citizens, especially equality before the law (equality before the law) as mandated by the constitution in Article 28D paragraph (1) and Article 28H paragraph (2) of the constitution of 1945 .Keywords: Student, Legal Aid, Role


2011 ◽  
Vol 16 (1) ◽  
pp. 265
Author(s):  
Michael Cain ◽  
Suzie Forrell

The Aboriginal Legal Service, Community Legal Centres, Legal Aid NSW and private solicitors undertaking legal aid work all have a role in meeting the legal needs of disadvantaged communities in rural, regional and remote (RRR) parts of NSW. Yet there are reports that staff shortages are affecting the capacity of these services to perform this work — in some areas more than others. In order to gain a ‘snapshot’ of solicitor availability in RRR areas and to assess any regional differences in their availability to undertake community sector legal work in NSW, the Law and Justice Foundation of NSW has undertaken a census of all public legal assistance positions in NSW. The study examined whether the positions were filled or vacant, how they were filled, and the length of time that they were filled (or vacant). The research also drew upon data from the NSW Law Society and the three main public legal services in NSW to map solicitor availability across NSW against a range of indicators, including socio-economic disadvantage. In addition, interviews were conducted with solicitors working in (and who had left) ‘hard to staff’ areas with a view to better understanding differences in the recruitment and retention of solicitors across RRR areas of NSW. The major findings of the Foundation’s full research report are discussed in this paper.<br /><br />


2018 ◽  
Vol 1 (2) ◽  
pp. 9-14
Author(s):  
Rina Hayati ◽  
Khairun Nisa ◽  
Syahriani Sirait

Abstrak: Bentuk aplikasi dari serangkaian teori pendidikan yang telah dipelajari di dalam kampus tentunya akan lebih bermanfaat apabila teori-teori ilmu tersebut kita bagi kepada masyarakat. Kegiatan inilah yang disebut dengan pengabdian kita kepada masyarakat. Sebagai seorang akademisi baik dosen dan mahasiswa harus mampu bekerjasama dalam meujudkan Tri Darma perguruan tinggi dimana tempat kita membagi dan menimba ilmu pengetahuan. Pengabdian kepada masyarakat adalah tindakan nyata yang dapat kita lakukan untuk menambah wawasan masyarakat terhadap informasi yang akan kita bagikan, sehingga membawa kontribusi positif dalam masyarakat. Apalagi sekarang lagi hangat-hangatnya memperbincangkan tentang pemilihan kepala daerah, oleh karena itu penyuluhan tentang kepemimpinan dianggap perlu untuk di sosialisasikan kepada masyarakat. Harapan kedepannya adalah masyarakat mampu memilih pemimpin yang dapat menjadi contoh baik dalam setiap tindakan dan perkataannnya. Masyarakat diharapkan lebih hati-hati dalam memilih calon kepala daerah, tidak mudah terpengaruh citra dan kekuasaan yang dapat mendatangkan kerudian dalam masyarakat itu nantinya. Selain itu masyarakat tidak perlu takut terhadap tekanan yang mungkin saja datang untuk memaksa memilih jagoan mereka, masyarakat harus mendapatkan pencerahan tentang bagaimana hukum itu berlaku di kalangan masyarakat. Untuk itu selain membahas masalah kepemimpinan Universitas asahan juga bekerjasama dengan Yayasan Lembaga Bantuan Hukum – Cakrawana Nusantara Indonesia untuk memberi pemahaman kepada masyarakat tentang hukum, apa yang harus dilakukan masyarakat apabila tersangkut permasalahan hukum di lingkungannya, mengetahui hak dan kewajibannya dalam mentaati hukum tersebut. Harapan terbesarnya masyarakat di desa antara tidak tabu lagi terhadap permasalahan hukum, masyarakat desa antara berani untuk menghadapai permasalahan hukum yang mereka hadapi, masyarakat desa antara mampu memilih pemimpin yang tepat untuk memimpin daerah mereka.Kata kunci: Kepemimpinan, Bantuan Hukum, Masyarakat Marginal Abstract: The application form of a series of educational theories that have been studied on campus will certainly be more useful if the theories of science are shared for the community. This activity is called our devotion to the community. As an academic both lecturers and students should be able to work together in realizing Tri Darma college where we share and gain knowledge. Community service is a real action that we can do to increase society's insight into the information we will share, thus bringing a positive contribution to society. Especially now more warmly discussed about the election of regional heads, therefore counseling about leadership is considered necessary for the socialization to the community. The future expectation is that people are able to choose leaders who can be good examples in every action and perfomance. The community is expected to be more careful in choosing candidates for regional heads, not easily influenced by the image and power that can bring in the society later. In addition people should not be afraid of the pressures that might come to force their heroes, the public should get an enlightenment about how the law applies to the public. In addition to discussing the issue of leadership, the University of Asahan also cooperates with the Legal Aid Foundation - Cakrawana Nusantara Indonesia to provide an understanding to the public about the law, what should the community do when it comes to legal issues in its environment, knowing its rights and obligations in complying with the law. The greatest hope of the community in the village between no longer taboo on legal issues, the villagers between daring to face the legal problems they face, the villagers between able to choose the right leader to lead their area.Keywords: Leadership, Legal Aid, Marginal Society


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 88
Author(s):  
Baharudin Baharudin ◽  
Iqbal Alin Perdana

In legal cases, namely legal cases experienced by someone, there are often problems with one's inability to be able to hire a lawyer to handle the trial process in court, in fact a suspect still has his rights in a trial, one of which is to get assistance before the law of course for defend the rights of the suspect, in cases like this if someone does not have the ability to hire a lawyer POSBAKUM or the Legal Aid Post plays an important role in helping a suspect in providing legal services in the form of consultation, legal advice and the preparation of legal documents that are really needed by a suspect based on statutory regulations, in defending a suspect the trial is carried out for free, that way every suspect from being able or not entitled to get legal assistance


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