scholarly journals Getting Justice through Legal Assistance: A Comparing Case of Indonesia and Malaysia

2021 ◽  
Vol 3 (3) ◽  
pp. 353-366
Author(s):  
Riyun Khilmawati Maala
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Poor People ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Problems ◽  
Or Groups ◽  
The Law

Equality before the law should be applied to all citizens impartially. However, there are still discriminatory cases against those who are in lower strata than others. So we need a legal revolution that guarantees the fulfillment of justice which is then used as a source in law enforcement practices, legal protections, and legal services for poor people or groups. In addition to Indonesia, the State of Malaysia is also trying to provide justice for all its citizens by trying to provide legal aid guarantees for its citizens who are experiencing legal problems but are not able to afford it economically. This research is intended to analyze the legal comparison of the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice. The research also aims to find out what obstacles are encountered in the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice.

scholarly journals Legal Aid in Indonesia: Problems and Challenges

2021 ◽  
Vol 3 (2) ◽  
pp. 163-172
Author(s):  
Muhammad Akbar Maulana Gustaf
Keyword(s):  
Equal Treatment ◽  
Poor People ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
Judicial Process ◽  
Or Groups ◽  
The Republic ◽  
The Right

In the 1945 Constitution of the Republic of Indonesia Article 28D Paragraph (1), it is stated that "Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law." Legal aid is legal services provided by legal aid providers free of charge to legal aid recipients, namely people or groups of poor people to obtain justice. Legal Aid Providers are legal aid organizations or social organizations that provide Legal Aid services based on Law no. 16 of 2011 concerning Legal Aid. With free legal assistance, people who are unable, in this case at the economic level, who are involved in the judicial process will receive relief from obtaining legal advisors so that their rights can be protected and the judicial process can proceed properly.

scholarly journals Legal Services and Advocacy in the Industrial Revolution 4.0: Challenges and Problems in Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 159-162
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Significant Influence ◽  
Industrial Revolution ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Provision Of Services ◽  
The Law

THE INDUSTRIAL revolution 4.0 had a significant influence in various sectors, including the law enforcement sector. Law enforcement, legal aid, legal services and advocacy in the industrial revolution 4.0 era have their own characteristics of challenges. This edition of the Indonesian Journal of Advocacy and Legal Services raises the theme of Legal Services and Advocacy in the Industrial Revolution 4.0 in the hope of providing a new picture, discourse, and treasury in the provision of services and legal assistance, advocacy and community assistance.

scholarly journals The Poor and Justice: Implementation of Legal Aid for the Poor in Indonesia (Problems and Solutions)

2021 ◽  
Vol 3 (4) ◽  
pp. 553-568
Author(s):  
Judith Prima Hapsari
Keyword(s):  
The State ◽  
Poor People ◽  
Access To Justice ◽  
Legal Aid ◽  
Human Right ◽  
The Poor ◽  
Legal Problems ◽  
Problems And Solutions ◽  
The Law ◽  
The Government

One manifestation of justice or equality before the law is the existence of legal assistance for every citizen involved in legal problems, without exception the poor. The legal problems that ensnare many poor people or groups are currently increasing complex. Legal aid is a human right of all people, which is not given by the state and is not a mercy from the state, but is also the responsibility of the state in realizing equality before the law, access to justice, and fair trial. Therefore, the government made and ratified a regulation that regulates legal aid, namely Law Number 16 of 2011 concerning Legal Aid. This research is intended to analyze the implementation of legal aid for the poor communities in the context of access to justice in Indonesia.

scholarly journals The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011

2020 ◽  
Vol 2 (2) ◽  
pp. 111-128
Author(s):  
Helmy Yahya Rahma Aji ◽  
Raden Muhammad Arvy Ilyasa
Keyword(s):  
The State ◽  
Equal Treatment ◽  
Access To Justice ◽  
Legal Service ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Protection Of Human Rights ◽  
The Law ◽  
Constitutional Right

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.

scholarly journals Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight

2021 ◽  
Vol 3 (4) ◽  
pp. 517-536
Author(s):  
Khoirum Lutfiyah
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
Legal Problems ◽  
Basic Rights ◽  
The Law ◽  
The Government

Legal aid is something that is given by the state to people who are unable to get justice and their basic rights before the law. The state has an obligation to protect every citizen, especially legal protection for the poor or the poor. To ensure this protection, the government forms a law which can help the underprivileged or poor in dealing with the legal problems they experience. With the existence of the Law on Advocacy, the Law on Legal Aid, as well as the existence of this Legal Aid Institute, it is hoped that it will be able to reduce the burden on what people experience before the law, especially related to the costs of legal aid.

scholarly journals Juridical Analysis of Legal Aid Implementation for Underprivileged Communities: Problems and Challenges

2021 ◽  
Vol 3 (4) ◽  
pp. 481-498
Author(s):  
Alycia Sandra Dinar Andhini
Keyword(s):  
Empirical Research ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Gain Access

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.  

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.

PROBLEMS OF GRANTING VISITATIONS TO ATTORNEYS WITH THE SUSPECTS AND DEFENDANTS DETAINED IN CUSTODY

2021 ◽  
pp. 29-33
Author(s):  
Сергей Владиславович Владимиров
Keyword(s):  
Law Enforcement ◽  
Penal System ◽  
Legal Assistance ◽  
Positive Experience ◽  
Legal Aid ◽  
Detention Centers ◽  
The Law ◽  
The Right ◽  
To Receive

В статье рассматриваются правовые и правоприменительные проблемы посещения адвокатами подозреваемых и обвиняемых, содержащихся под стражей. Проанализирована правоприменительная практика нарушений права подозреваемых и обвиняемых на получение своевременной квалифицированной юридической помощи. Обоснована необходимость наличия отлаженного государственного механизма реализации предусмотренных законом прав подозреваемых и обвиняемых. Перечислены проблемы, связанные с предоставлением свиданий адвокату с подозреваемыми и обвиняемыми, находящимися в следственных изоляторах уголовно-исполнительной системы. Проанализированы основания предоставления свиданий адвокату с подозреваемыми и обвиняемыми, содержащимися под стражей, в соответствии с действующим законодательством и нормативными актами ФСИН России. Исследован порядок посещения адвокатами подзащитных, содержащихся в следственных изоляторах уголовно-исполнительной системы, регламентированный как ведомственными нормативными актами ФСИН России, так и решениями адвокатских образований. Приведен механизм работы центра субсидируемой юридической помощи по вопросу организации посещений адвокатами подзащитных, содержащихся в следственных изоляторах. Раскрыт положительный опыт ФСИН России организации дистанционных свиданий адвокатов с подзащитными с использованием систем видеоконференц-связи. На основе рассмотренных проблемных вопросов сформулированы выводы и предложения по совершенствованию правоприменительной деятельности органов и учреждений уголовно-исполнительной системы. The article examines the legal and law enforcement problems of visits by lawyers to suspects and accused in custody. The law enforcement practice of violations of the right of suspects and accused to receive timely qualified legal assistance is analyzed. The need for a well-functioning state mechanism for the implementation of the rights of suspects and accused provided by law is substantiated. The problems associated with granting visits to a lawyer with suspects and accused persons who are in pre-trial detention centers of the penal system are listed. The author analyzes the grounds for granting visits to a lawyer with suspects and defendants in custody, in accordance with the current legislation and regulations of the Federal Penitentiary Service of Russia. The procedure for visiting by lawyers of clients held in pre-trial detention centers of the penal system, regulated by both departmental regulations of the Federal Penitentiary Service of Russia and decisions of lawyers' associations, has been investigated. The mechanism of work of the center for subsidized legal aid on the issue of organizing visits by lawyers to clients held in pre-trial detention centers is presented. The positive experience of the Federal Penitentiary Service of Russia in organizing remote meetings between lawyers and clients using videoconferencing systems is disclosed. On the basis of the considered problematic issues, conclusions and proposals were formulated to improve the law enforcement activities of the bodies and institutions of the penal system.

scholarly journals Analisis Hukum terhadap Hak Imunitas Advokat Dalam Beracara Memberikan Bantuan Hukum

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 94
Author(s):  
M Rudi Hartono ◽  
Radi Candra
Keyword(s):  
Legal Services ◽  
Legal Assistance ◽  
The Public ◽  
Legal Advice ◽  
Proper Role ◽  
Legal Problems ◽  
The Law

The existence of advocates as justice seekers at this time is very much needed and important in the life of the community and nation as well as increasing legal awareness and the complexity of legal problems in society. Advocacy is a profession that provides legal services to the public or its clients who face legal problems, both those related to criminal, civil and state affairs. Legal services provided by Advocates can be in the form of legal consultations, legal assistance, legal advice providers, exercising power, representing, assisting, defending, and performing other legal actions for and on behalf of clients. In providing these legal services, an Advocate can carry out it through a prodeo (Free of charge) or obtain an honorarium or payment for services from the client. In general, the position of an advocate is equal to that of other law enforcers such as the judges, prosecutors, and the police. : "Thus, advocates also play an important role in upholding and protecting the law for the community. The proper role of an advocate has been regulated in Law Number 18 of 2003 concerning "Advocates.

scholarly journals Implementasi Pemberian Layanan Bantuan Hukum Secara Cuma-Cuma Oleh Posbantuan Hukum pada Perkara Pidana di Pengadilan Negeri Gedong Tataan (Studi Kasus di Posbakum Adin Lampung)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 88
Author(s):  
Baharudin Baharudin ◽  
Iqbal Alin Perdana
Keyword(s):  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Cases ◽  
Legal Advice ◽  
Legal Documents ◽  
Trial Process ◽  
The Law

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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