scholarly journals Nobody can Really Afford Legal Services: The Price of Justice in Namibia

Author(s):  
Dunia Zongwe

Nobody (except for the privileged few) can afford legal services in Namibia. In the light of this dawning awareness, how should the government and other stakeholders design the legal profession so that the greatest number of Namibians can access legal services and, ultimately, justice while preserving the profession's financial viability? The predominantly economic nature of this question means that its solutions lie less in the field of law than in the field of economics. Thus, this article adopts a methodology that reflects that insight. As a primary purpose, this article works towards solving the high cost of legal services in Namibia. It utilises a literature-review methodology that searches the scholarship on the legal profession for practical, down-to-earth solutions put forward in other countries to take the edge off the prohibitive cost of legal services. The article mainly finds that, if structured as a compulsory salary deduction, legal insurance promises the greatest positive impact on costs. And it concludes that the optimal solutions should consist of measures aimed at heightening competition in the legal profession and measures that broaden cost-sharing in providing legal assistance to the public. The article argues that competition can be effectively increased by lubricating the flow of information about prices and services, and by having more public entities bear the burden of expanding the system of legal assistance.

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>


1976 ◽  
Vol 1 (2) ◽  
pp. 411-509
Author(s):  
Werner Pfennigstorf ◽  
Spencer L. Kimball

Serious questions have been raised of late both within and outside the legal profession about the adequacy of the bar's organization for the delivery of legal services. It is thought that business enterprises and affluent individuals get the service they need-although perhaps at excessive cost and with less than optimal efficiency-but that most of the population are underserved and have serious difficulty in finding legal assistance at all or at an affordable cost.


2018 ◽  
Vol 112 ◽  
pp. 181-198
Author(s):  
Bogusław Sołtys

PURPOSE OF NORMATIVE DISTINCTION OF THE GROUP OF LEGAL SERVICES CONTRACTSIt is necessary to be in favour of both doctrinal and normative distinction of legal services contracts. Currently the differentiation in regulations of fundamental standards of providing legal services is too large. There is no sufficient explanation for different treatment legal services providers in rudimentary and significant issues designating the essence of legal services and their safety, regardless of the regulated or deregulated market. It appears that the deregulated legal services market should  be included in the provisions concerning regulated economic activity in the Freedom of Business Activity Act. The deregulated legal services market should as well constitute an exception justified by the public interest in a higher degree than by creation of qualification requirements, which are currently the base for distinguishing the regulated legal services market. It is necessary to consider formal submission of the deregulated legal services market to the deontology of legal profession. Fundamental standards of ethics and legal pragmatics should be included in all kinds of legal services, not only those provided within the regulated market. Sanctioning of above mentioned standards is undoubtedly in the public interest and for that reason their mandatory  application at least in the basic range should not be dependent on the affiliation to a specific group of legal services providers.


Author(s):  
Hafiz Jaafar ◽  
Nur Amalina Abd Laziz ◽  
Muslimah Ithnin ◽  
Amirah Azzeri

COVID-19 infection resulted in significant economic implications to patients as well as a considerable financial burden to the general population for preventive measures. A descriptive study was conducted among staff at one of the public universities in Malaysia to estimate the monthly out-of-pocket expenditures for preventive measures used for COVID-19 infection. The study tool includes questions on household out-of-pocket expenditure and the measurements of the impact of the expenditure on household income. It was found that the average cumulative monthly expenditures related to the preventive measures were US$ 45.90 (Ringgit Malaysia 187.77), which was 4.3% of the household income. The highest expenditures were for traditional and complementary medicine followed by nutraceutical/supplements and disposable facemask. 8% of the households in this study incurred more than ten per cents of their monthly household income for expenditures related to COVID-19 preventive measures. Several households are experiencing substantial financial implications for preventive measures related to COVID-19 infection. This study highlights the out-of-pocket expenditures incurred for preventive measures were substantial for certain households. Effective initiatives from the government on providing subsidized protective personal equipment and a cost-sharing approach could help to alleviate the household financial burden.


2011 ◽  
Vol 11 (1) ◽  
Author(s):  
Sri Handayani

Investment is one of important variable to increase the economic performance. Moreover it can stimulate to increase per capita income and consuming ability of the society. A well investment climate given some benefits to the society. The local government is facing some problems in facing some challenge to increase the key factors to overcome those problems. In South Sumatera, the government does some efforts to attract the investor especially foreign direct investment. In the development of South Sumatera, foreign direct Investment has the important function. It is hoped that the investment has positive impact to increase the economic growth of the district which can increase the public welfare as well in South Sumatera. Key words: Investment, foreign direct investment


2017 ◽  
Vol 3 (1) ◽  
pp. 1-17
Author(s):  
Nur Afni Khafsoh

Abstract: The use of gadgets in children has a positive and negative impact. The positive impact of using gadgets among others can help learn the child and can provide information about the broad knowledge and easy way to access it. While the negative impact is decreased socialization with others, addictive effects, resulting in decreased visual function and others. However, from all the shortcomings, it would be good impact the use of this gadget can make a breakthrough for the government in running the program. As is known, public service is one of the programs provided by the government in the development process, often the government program is not running properly due to the many inhibiting factors, such as access that is difficult for the public to get information, the mainset of the government that is still traditional to the public indifference in the government program . This has become a challenge for the government to create a breakthrough in government policy. As with using gadgets in the process of program socialization or program implementation. At the same time invite the community to participate actively in the development process, especially pembangunnan village potential to be developed. However, it is not easy to use technological advances in the implementation of government programs. The obstacles faced are infrastructure preparation and human resource capability. So that community participation in the development process can increase and society can be the subject in the nation's progress. Keywords: Gadget, Community Service, Technology Utilization Abstrak: Penggunaan gadget pada anak memiliki dampak positif dan negatif. Dampak positif dari penggunaan gadget yaitu dapat membantu belajar anak, dapat memberikan informasi tentang ilmu pengetahuan yang luas dan mudah mengaksesnya. Sedangkan dampak negatifnya yaitu menurunnya sosialisasi dengan orang lain, memberikan efek kecanduan, mengakibatkan menurunnya fungsi penglihatan dan lain-lain. Namun, dari segala kekurangan tersebut, alangkah baiknya dampak penggunaan gadget ini dapat menjadikan terobosan bagi pemerintah dalam menjalankan programnya. Seperti diketahui, pelayanan masyarakat menjadi salah satu program yang disediakan pemerintah dalam proses pembangunan, seringkali program pemerintah tidak berjalan sesuai mestinya dikarenakan banyaknya faktor penghambat, seperti akses yang sulit dimiliki masyarakat untuk mendapat informasi, mainset oknum pemerintah yang masih tradisional hingga ketidakpedulian masyarakat dalam program pemerintah. Hal ini menjadi sebuah tantangan bagi pemerintah untuk menciptakan terobosan dalam kebijakan pemerintah. Seperti dengan menggunakan gadget dalam proses sosialisasi program ataupun pelaksanaan program. Sekaligus mengajak masyarakat untuk berpartisipasi aktif dalam proses pembangunan, terutama pembangunnan desa yang potensial untuk dikembangkan. Namun, tidak mudah menggunakan kemajuan teknologi dalam pelaksanaan program pemerintah. Kendala yang dihadapi adalah persiapan infrastruktur dan kemampuan sumber daya manusia. Tentunya hal ini dapat meningkatkan partisipasi masyarakat dalam pembangunan. Kata kunci: Gadget, Pelayanan Masyarakat, Pemanfaatan Teknologi


2021 ◽  
Vol 46 (2) ◽  
pp. 265-295
Author(s):  
Anton Kazun

Abstract Little is known about the motives of lawyers who provide free legal assistance in countries that lack both a developed professional community and developed institutions related to the rule of law. Based on a survey of 3,317 criminal defense lawyers (advokaty) in 35 regions of Russia, we analyze the provision of two types of free legal services: participation in legal proceedings “on appointment” (po naznacheniyu) and the provision of pro bono legal assistance. We show that work on appointment usually involves lawyers with low social capital and a lack of regular clients. In contrast, pro bono legal assistance is encouraged by lawyers’ organizations. It is typically provided by professionals with a high level of social capital and with values aimed at maintaining an excellent professional reputation. We conclude that the provision of free legal services might best be stimulated within the professional community rather than by the government.


Author(s):  
Richard M Crowe

Abstract Welsh has official status in Wales, where it is spoken by approximately 20 % of the population. All adult speakers of Welsh are also able to speak English. The National Assembly for Wales and the Welsh Ministers legislate in both Welsh and English. The Government of Wales Act 2006 provides that the English and Welsh texts of any Act of the Assembly or any subordinate legislation enacted or made in both English and Welsh are to be treated, for all purposes, as being of equal standing. This paper examines the role legislating bilingually plays in confirming the official status of the Welsh language; how the bilingual texts are produced by a process of collaborative translation within an administration where English is the dominant working language; how they are scrutinised by a legislature where legislators are free to use either or both languages, but where, in practice, English dominates; and how they are promulgated in both languages in the form in which they are enacted or made, but only routinely updated in English. It further considers what the principle of ‘equal standing’ may mean and how effect may be given to it; how these bilingual texts may be interpreted by the public and the legal profession, domains in which English dominates; and what implications the production, scrutiny, promulgation and interpretation of bilingual legislation have for the accessibility of the law in Wales.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 94
Author(s):  
M Rudi Hartono ◽  
Radi Candra

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.


2020 ◽  
Vol 6 (2) ◽  
pp. 156
Author(s):  
Krisma Trianisa ◽  
Eko Priyo Purnomo ◽  
Aulia Nur Kasiwi

The research was conducted on the researcher's curiosity on various environmental problems that arise as a result of the condition of the earth that is no longer able to sustain all the needs and desires of humans are infinite. But to avoid too much discussion, research will focus on how coal's role in contributing to high levels of air pollution in India. Air pollution is one of the environmental problems that often gets the world's attention. Talking about air pollution must be very closely related to the State of India, whose position as the country with the worst levels of pollution in the world. The method in this study uses a type of qualitative method with the source of data in the form of a literature review that is journal articles that have relevance to the research topic. The data obtained through the literature review will then be carried out data analysis with data reduction stages, data presentation and drawing conclusions. Based on the results of the study it can be seen that coal is the belle of fuel used by India as a support for the large energy needs of Indian society. Indeed, coal's natural resources have a positive impact on the economic situation and conditions of energy security in India, but there are more urgent things that need attention that is related to the negative impact of coal use in the form of pollution which is very dangerous for the survival of Indian society. Therefore, to protect the public from the worsening air conditions in India requires serious efforts from various groups, especially the government


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