Legal Aid is a Human Right to Access to Justice: It is 'Neither a Facility Given by Government Nor a Charity of Person or Organization'

2010 ◽  
Author(s):  
Yubaraj Sangroula
Keyword(s):  
Access To Justice ◽  
Legal Aid ◽  
Human Right ◽  
Or Organization

scholarly journals Legal Standing Paralegal dalam Proses Beracara di Pengadilan Pasca Putusan Mahkamah Agung RI Tentang Uji Materi PERMENKUMHAM RI no. 1 tahun 2018 tentang Paralegal dalam Pemberian Bantuan Hukum

2020 ◽  
Vol 6 (1) ◽  
pp. 109
Author(s):  
Mustakim Mustakim ◽  
Sania Salamah
Keyword(s):  
Ethical Code ◽  
Access To Justice ◽  
Legal Aid ◽  
Human Right ◽  
Educational Curriculum ◽  
Legal Standing ◽  
Pros And Cons ◽  
Age Limit ◽  
The Law

The fact that the legal aid provision has not reached all the Indonesian citizens forces the Ministry of Law and Human right to establish the ministerial regulation of the Ministry of Law and Human Right No. 1 year 2018 about Paralegal on legal aid provision which is effectively applied on the 26th January 2018 as the implementation of Act No. 16 year 2011 about Legal Aid. The regulation that gives the Paralegals a spacious room to lawyer in the court resulted in pros and cons if it is contrasted to the position of an advocate within the act No. 18 year 2003 about lawyer, legal aid quality, and monitoring on the provision of legal aid. The statement of the problem is how the legal standing of Paralegal in lawyering in the court as what has already been regulated by the regulation of the Ministry of Law and Human Right No. 1 year 2018. This is a normative research with legislation approach and concept approach. The result of this research found out that there are Paralegal regulations that need to be adjusted with the regulation about legal aid provision such as age limit, qualifi ed educational curriculum, and the need of ethical code that ties up the Paralegal joining law aid organization, so the objective of this constitutional nation to admit, to protect, and to guarantee the human right of the citizens about the access to justice and equality before the law as what has been explained in Article 28 D, article 4 point (1) Constitution of Indonesian Republic Year 1945 could be implemented.

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 O ACESSO À JUSTIÇA COMO DIREITO HUMANO FUNDAMENTAL: A BUSCA DA EFETIVAÇÃO DA RAZOÁVEL DURAÇÃO DO PROCESSO POR MEIO DO PROCESSO ELETRÔNICO / ACCESS TO JUSTICE AS A FUNDAMENTAL HUMAN RIGHT: THE SEARCH FOR THE EFFECTIVENESS OF THE REASONABLE DURATION OF THE

2014 ◽  
Vol 16 (1) ◽  
pp. 131-148
Author(s):  
Queli Cristiane Schiefelbein da Silva ◽  
Fabiana Marion Spengler
Keyword(s):  
Costa Rica ◽  
Access To Justice ◽  
San Jose ◽  
Human Right

O presente artigo buscou demonstrar a importância do processo eletrônico como uma forma de efetivar a duração razoável do processo e o acesso à justiça. Dessa forma, inicialmente, procurou-se apresentar o acesso à justiça como um direito humano fundamental e o mais básico dos direitos humanos, sendo este o garantidor de todos os demais direitos. Analisada a importância da garantia do acesso à justiça, traz-se posteriormente o conceito de tempo e de razoável duração do processo, observando-se brevemente as alterações trazidas pela EC n. 45/2004 e a previsão já existente no Pacto de San José da Costa Rica quanto à garantia de prazo razoável. Por fim, considerando as evoluções tecnológicas, e observando que o Poder Judiciário e o processo precisam acompanhar as transformações da sociedade, o processo eletrônico é apresentado como uma solução para ajudar na busca da efetividade do acesso à justiça e da duração razoável do processo.Palavras-chave: Acesso à justiça. Duração razoável. Processo eletrônico.

scholarly journals PENGAKUAN TERHADAP PIHAK NON-ADVOKAT DALAM PEMBERIAN BANTUAN HUKUM (Politik Hukum Bantuan Hukum Dalam Peraturan Perundang-Undangan Di Indonesia)

2017 ◽  
Vol 6 (3) ◽  
pp. 399
Author(s):  
Akmal Adicahya
Keyword(s):  
Supreme Court ◽  
Access To Justice ◽  
State Law ◽  
Legal Aid ◽  
Procedural Law ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
Law Student

Access to justice is everyone rights that have to be fulfilled by the government. The regulation number 16 year 2011 of legal aid is an instrument held by the government to guarantee the right. The regulation allowed the participation of non-advocates to provide the legal aid. Through this policy, government emphasizes that:1) Indonesia is a state law which legal aid is an obliged instrument; 2) the prohibition of non-advocate to participate in legal aid is not relevant due to inadequate amount of advocate and citizen seek for justice (justiciabelen), and the advocate is not widely extended throughout Indonesia; 3) Non-Advocates, especially lecturer and law student are widely spread; 4) there are no procedural law which prohibits non-advocate to provide a legal aid. Those conditions are enough argument for government to strengthen the participation of non-advocates in providing legal aid. Especially for The Supreme Court to revise The Book II of Guidance for Implementing Court’s Job and Administration.Keywords: legal aid, non-advocate, justice

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

Marketisation and competition in criminal legal aid: implications for access to justice

2020 ◽  
pp. 133-150
Author(s):  
Tom Smith ◽  
Ed Johnston
Keyword(s):  
Access To Justice ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Representation ◽  
Police Station ◽  
Competitive Tendering ◽  
Financial Pressure ◽  
Liberal Reform ◽  
The Right

The right to legal representation is a fundamental right, and arrangements for funding this are crucial to ensuring access to justice for those accused of criminal offences. Criminal legal aid has long been regarded as an entitlement for most citizens, particularly the most economically vulnerable. However, criminal legal aid has been cast in a different light in recent years, viewed not through the lens of welfarism but subjected to neo-liberal values such as cost neutrality, marketisation and managerialism. This was particularly evident in the ‘Transforming Legal Aid’ consultation of 2013, which resurrected the idea of competitive tendering for provision of criminal legal aid services. Although not pursued in full, subsequent changes – including cuts of 8.75% to fees for legal aid lawyers – appear to have significantly affected the scope of criminal legal aid. The number of providers of such services has consistently declined over the past decade and firms have frequently reported significant financial pressure. Arguably, these reforms – justified in neo-liberal terms – have affected access to justice and by extension the quality of justice offered by the Criminal Justice System, CJS. This chapter will examine the market-driven reform of criminal legal aid in recent years, and consider two apparent examples of impact: evidence of an increasing number of litigants-in-person in criminal cases; and the outsourcing of police station work to independent ‘agents’. The chapter will also question some of the apparent contradictions in neo-liberal reform of criminal legal aid, such as the deliberate policy of reducing the size of the provider market; and the ‘false economies’ created by the pursuit of efficiency and economy: goals which are underpinned and enforced by the Criminal Procedure Rules.

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