scholarly journals BANTUAN HUKUM BAGI MASYARAKAT MISKIN DI PENGADILAN AGAMA CIMAHI TAHUN 2016

Asy-Syari ah ◽  
2018 ◽  
Vol 20 (2) ◽  
pp. 175-190
Author(s):  
Dede Kania
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Access To Justice ◽  
Legal Assistance ◽  
Community Factors ◽  
The Poor ◽  
Lack Of Information ◽  
The Law ◽  
Constitutional Right ◽  
The Village

AbstractLegal assistance is a constitutional right of every citizen that is non-derogable rights as an effort to fulfil access to justice and equality before the law, especially for the poor and who doesn’t understand law. The implementation of legal assistance in the Cimahi Religious Court are not optimum due to lack of information, the presence of individuals who seeks personal benefits, and a common sense of high cost advocate services. This study is aimed to determine the implementation of legal assistance for the poor in the Cimahi Religious Court along with its supporting factors. This research is a qualitative research with descriptive analytical method and an empirical juridical approach. The utilized data are primary and secondary data. Data collection is done by interview techniques and literature studies. The implementation of legal assistance in the Cimahi Religious Court is still not effective due to legal factors, law enforcement factors, facilities, community factors and cultural factors. The inhibiting factor in legal assistance is a lack of socialization, difficult access for the community, and a culture in apparatus seeking personal gain. Supporting factors in legal assistance include good relations between legal aid agencies, increased awareness of the Village apparatus and KUA, and the existence of Cimahi Religious Court Website.Keywords:legal assistance, equality before the law, poor society. AbstrakBantuan hukum merupakan hak konstitusional setiap warga negara yang bersifat non derogable rights sebagai upaya mewujudkan Acces to Justice dan Equality Before The Law terutama untuk masyarakat miskin dan buta hukum. Fenomena yang terjadi di Pengadilan Agama Cimahi masih kurangnya informasi bantuan hukum, adanya oknum yang mencari keuntungan pribadi, dan anggapan mahalnya jasa advokat membuat pelaksanaan bantuan hukum belum maksimal. Penelitian ini bertujuan untuk mengetahui pelaksanaan bantuan hukum bagi masyarakat miskin di Pengadilan Agama Cimahi beserta faktor penghambat dan penunjangnya. Penelitian menggunkn penelitian kualitatif dengan metode Deskriptif Analitis dn pendekatan Yuridis Empiris. Data yang digunakan adalah data Primer dan Sekunder. Pengumpulan data dilakukan dengan teknik wawancara dan studi pustaka. Pelaksanaan bantuan hukum di Pengadilan Agama Cimahi masih belum efektif karena faktor hukum, faktor penegak hukum, faktor sarana, faktor masyarakat dan faktor budaya. Faktor penghambat dalam bantuan hukum adalah kurangnya sosialisasi, akses masyarakat yang masih sulit, dan ada budaya di aparat yang mencari keuntungan pribadi. Faktor penunjang dalam bantuan hukum diantaranya adanya hubungan baik antar lembaga pemberi bantuan hukum, meningkatnya kesadaran perangkat Desa, KUA dan ada Website Pengadilan Agama Cimahi.Kata Kunci :Bantuan Hukum, Equality Before The Law, Masyarakat Miskin

scholarly journals Problematics in Handling Criminal Offence on Poor Communities by Advocate (A Study on Gunung Sugih District Court)

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 31
Author(s):  
Marwan Jaya Putra
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Research Approach ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Cases ◽  
The Poor ◽  
The Law

The provision of legal aid to the poor is one of the actions of the noble profession of advocates and the moral movement that advocates for human rights, in fact, not all advocates are morally aware of their obligations. There are still many deviations found in the provision of legal aid for the poor. This condition is certainly contrary to the noble values of the advocate profession itself, in the presence of this matter, which shows still can be found deviations in practice. The problem examined in this study is why law enforcers such as judges and posbakum have not provided free legal assistance to the poor in Central Lampung Regency, a factor that has caused law enforcement agencies not to offer and provide free legal assistance to the poor and the pattern / model of handling criminal cases against the poor by advocates based on justice. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analysed by qualitative analysis method.The results of this study ultimately provide an answer that Advocates who have not yet applied the value of justice in handling criminal cases involving the poor are due to legal substance, legal structure, and legal culture, Not yet applying the value of justice in handling criminal cases against the poor is like the emergence of mistrust of the law, besides the model of handling criminal cases against the poor by advocates based on the value of justice is the implementation of constructive strategies, such as: Legislation Planning, Policies and Activities Related to the Fulfilling Right to Legal Assistance. Suggestions from this research are to Advocates regarding Integrity, morality, idealism, and professionalism of law enforcement officers should be further enhanced, in addition to the restrictions on the provision of legal aid in LBH should also be reviewed to enforce the principle of providing legal assistance as widely and equality before the law.

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 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.

scholarly journals Legal Aid in Indonesia: A Study of Legal Aid with a Transcendental Dimension

2020 ◽  
Vol 2 (2) ◽  
pp. 83-99
Author(s):  
Fanny Dian Sanjaya
Keyword(s):  
Social Institutions ◽  
The State ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
Descriptive Research ◽  
Positive Law ◽  
The Poor ◽  
The Law ◽  
The Right

Legal aid in Indonesia, particularly in terms of access to justice, legal aid provided by the state for people is still pivoted on positive law. Laws regulating legal aid in Indonesia remain revolving around the number of cases and budget absorption targets given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with parameters written in the law inhibit those who need legal assistance if they are not categorized as the poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from justice. Access to legal aid is essential since the purpose of the law is justice. Besides, legal aid aims to provide justice for those who do not have law knowledge, in other words, blind to the law. Justice for all is the vein of legal aid which is inseparable from the right of legal aid for those in need. Legal aid can be administered by social institutions/legal aid agencies which should provide access to those who need legal assistance and those who are in dispute, be it poor or rich so that justice for all can be achieved. This research discusses the transcendental dimension of legal aid. This study used a descriptive research method intending to analyze legal aid from legal aid institutions viewed from the study of legal philosophy and legal aid with transcendental dimensions.

Management of Village Finance to Achieve Good Governance in Talagasari, Garut

2020 ◽  
Vol 2 (1) ◽  
pp. 11-18
Author(s):  
Riki Ismail Barokah
Keyword(s):  
Financial Management ◽  
Good Governance ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Community Empowerment ◽  
Regional Autonomy ◽  
Lack Of Information ◽  
Village Government ◽  
Management Power ◽  
The Village

This study aims to explore village authority in village financial management to realize village governance in accordance with the principles of Good Governance. One of the financing for the Village Government program is the Village Fund Budget (ADD). The research method used is descriptive analysis to get a clear picture by examining secondary data. Secondary data is obtained through literature studies from primary legal materials and secondary legal materials related to regional autonomy in villages in the management of Village Government, particularly with regard to the performance of Village-Owned Enterprises based on Law Number 6 of 2014 concerning Villages. The data obtained from this study were analyzed juridically normative with a statutory approach. The results showed the accountability of the village head in managing village finances. In exercising the power of village financial management, the village head authorizes part of his power to the Village apparatus. (2) The village head as the holder of the village financial management power as referred to in paragraph (1), has the authority to: a. establish policies regarding the implementation of APBDesa; b. determine PTPKD; c. determine the officer who collects village revenue; d. approve expenditures for activities stipulated in APBDesa; and e. take actions that result in spending at the expense of the Village Budget. The factors that become obstacles in Talagasari, namely the lack of information and lack of direction in the distribution of ADD, so that it contributes low to community empowerment.

scholarly journals PENGEMBALIAN ASET TINDAK PIDANA KORUPSI PELAKU DAN AHLI WARISNYA MENURUT SISTEM HUKUM INDONESIA DALAM MEWUJUDKAN NEGARA HUKUM KESEJAHTERAAN

LITIGASI ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Haswandi Haswandi
Keyword(s):  
Law Enforcement ◽  
Welfare State ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Civil Lawsuit ◽  
The Family ◽  
Asset Recovery ◽  
The Law ◽  
Close Relatives ◽  
Cover Up

Criminal laws regulating asset recovery of corruption today experience a paradigm oversight since it only relies on the money substitute in corruption under Article 18 of Law No. 31, 1999 concerning The Eradication of The Crime of Corruption as amended with the Law No. 20, 2001 in which asset recovery is addressed only to the convict. In fact, modus to cover up the proceed of corruption usually involves the family, close relatives or confidants including the heirs. The obstacle in recovering the asset is that civil lawsuit is not yet effective as the means to recover the asset, the organization of law enforcement, the ratification of 2003 UNCAC that is also not yet effectively implemented in Indonesian law, and the laws against corruption that are weak. Future concept of law in asset recovery of proceed of corruption by the culprit and the heirs in order to materialize a legal welfare state should at least done through progressive laws i.e. reformation of law, optimization of Mutual Legal Assistance, the widening of authority implemented by the Eradication Commission of Corruption in recovering the asset as the proceed of corruption, the strong inter-agency coordination of law enforcements, and the urgency to promulgate the Recovery Asset Act.Keyword: Recovery; Proceed of Corruption; HeirsABSTRAKPerangkat hukum pidana dalam mengembalikan aset hasil tindak pidana korupsi pada saat ini mengalami kekeliruan paradigma karena hanya mengandalkan uang pengganti kejahatan korupsi yang terkandung dalam Pasal 18 Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi sebagaimana telah diubah dengan Undang-Undang Nomor 20 Tahun 2001, di mana Pengembalian harta atau kekayaan hanya ditujukan kepada terpidana. Padahal modus menyembunyikan harta kekayaan hasil korupsi biasanya dengan menggunakan sanak keluarga, kerabat dekat atau orang kepercayaannya termasuk para ahli warisnya. Hambatan pengembalian aset tindak pidana korupsi disebabkan belum efektifnya gugatan perdata sebagai sarana untuk mengembalikan aset hasil kejahatan korupsi, kelembagaan penegak hukum, belum efektifnya Ratifikasi UNCAC 2003 dilaksanakan dalam hukum Indonesia, serta kelemahan di ranah regulasi tindak pidana korupsi. Konsep hukum mendatang dalam pengembalian aset tindak pidana korupsi pelaku dan ahli warisnya dalam mewujudkan negara hukum kesejahteraan, setidaknya ditempuh dalam beberapa langkah hukum progresif, yakni perbaikan regulasi peraturan perundang-undangan, optimalisasi Bantuan Hukum Timbal Balik, Perluasan kewenangan Komisi Pemberantasan Korupsi dalam Pengembalian Aset hasil tindak pidana korupsi, Penguatan koordinasi antar lembaga penegak hukum, serta menyegerakan menyelesaikan Undang-Undang Pengembalian Aset.Kata Kunci: Pengembalian; Aset Korupsi; Ahli Waris 

scholarly journals Regional Legal Assistance

Rechtsidee ◽  
2015 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Abdul Fatah
Keyword(s):  
Public Awareness ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Counsel ◽  
Legal Aid ◽  
Equitable Distribution ◽  
Legal Implications ◽  
The Law ◽  
The Right ◽  
Aid Policy

Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015). Regional Legal Assistance. Rechtsidee, 2(1), 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

scholarly journals PELAKSANAAN PERATURAN DAERAH PROVINSI BALI NOMOR 9 TAHUN 2009 TERKAIT DENGAN POGRAM WAJIB BELAJAR 12 TAHUN

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Ni Nyoman Budi Sentana
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Compulsory Education ◽  
Secondary Data ◽  
Cultural Factors ◽  
Primary Data ◽  
Legal Research ◽  
Local Regulation ◽  
Community Factors ◽  
Interview Techniques

The local government of Bali Province issued a policy that was formulated in The Local Regulation of Bali Province Number 9 of 2009. In appendix of The Local Regulation Number 9 of 2009 is described a 12-year compulsory education. This study discusses the effectiveness of The Local Regulation of Bali Province Number 9 of 2009 related to the implementation of 12-years compulsory education in Bali Province and the factors that influence the effectiveness of the implementation of The Local Regulation Number 9 of 2009 related to the implementation of 12-years compulsory education in Bali Province. This research is empirical legal research. The nature of research is descriptive. The data in this study include primary data that was collected through interview techniques and secondary data that was collected through the study of literature. The research location is in Bali Province with sample in Denpasar and Bangli regency. The data collected was analyzed qualitatively and descriptively presented analytically. Effectiveness of The Local Regulation of Bali Province Number 9 of 2009 related to the implementation of 12-years compulsory education in Bali Province is not optimal in some areas. The factors that influence the effectiveness of the implementation of The Local Regulation Number 9 of 2009 related to the implementation of 12-years compulsory education in Bali Province are legal factors, law enforcement factor, means and facilities in law enforcement factor, community factors and cultural factors

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