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.

scholarly journals Transcendental Approach in Legal Aid Concept in Indonesia: A Philosophy of Law Perspective

2021 ◽  
Vol 3 (4) ◽  
pp. 465-480
Author(s):  
Muhamad Akhsanul Fadli
Keyword(s):  
The State ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
Descriptive Research ◽  
Positive Law ◽  
The People ◽  
The Law ◽  
The Right ◽  
Fair Access

Legal aid in Indonesia, especially in terms of access to justice, legal aid provided by the state to the people still relies on positive law. The law governing legal aid in Indonesia still revolves around the number of cases and the budget absorption target 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 the parameters written in the law prevent those who need legal assistance if they are not categorized as poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from fair. Access to legal aid is very important because the goal of law is justice. In addition, legal aid aims to provide justice for those who do not have legal knowledge, in other words, are blind to the law. Justice for all is the pulse of legal aid that cannot be separated from the right to legal aid for those in need. Legal aid can be managed by the community, legal aid institutions/institutions that should provide access to those who need legal assistance and those in dispute, both poor and rich, so that justice for all is achieved. This study discusses the transcendental dimensions of legal aid. This study uses a descriptive research method that aims to analyze legal aid from aid agencies seen from the study of legal philosophy and legal aid with a transcendental dimension.

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 Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values

2021 ◽  
Vol 3 (2) ◽  
pp. 235-244
Author(s):  
Choerul Amin
Keyword(s):  
The State ◽  
Poor People ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms. 

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

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 Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor

2021 ◽  
Vol 3 (4) ◽  
pp. 537-552
Author(s):  
Chairani Azifah
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
The Law ◽  
Problem Formulations ◽  
The Right

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.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

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 Legal Aid Advocacy for the Poor in Law of Welfare States

2019 ◽  
Vol 1 (4) ◽  
Author(s):  
Hayatul Ismi
Keyword(s):  
Social Justice ◽  
Welfare State ◽  
Lower Class ◽  
Welfare States ◽  
The State ◽  
Access To Justice ◽  
Legal Aid ◽  
The People ◽  
The Law ◽  
The Right

Indonesia is a lawful welfare state, which means that the governmenthas a duty and responsibility in realizing the social justice and thegeneral welfare of the people. Paragraph (1) of the 1945 Constitution,stated that The State must ensure the implementation of equality in thestanding before the law. Nowadays it seems only the lower class thatmust obey the law, while the upper class seems to be immune to thelaw. They are hiding from the law behind the layers of their ownmoney. As if the law can be sold using money, even for those whocommit major crimes, corruption for example. While the lowerclasses who commit minor crimes can be imprisoned. Our country is acountry of law, then the law should be enforced, for all people and notjust for Reviews those who have the money. To realize theimplementation of the idea of a lawful welfare state then the Stateshould guarantee the right of every person to reach justice. In otherwords, the State must guarantee the implementation of legal aid to theimpoverished or Reviews those who cannot afford so that nonehas no access to justice that is mandated by the constitution. Legal aidadvocacy for the impoverished in the concept of a lawful welfare stateis certainly to be important in realizing the ideals of the lawful welfarestate that achieve social justice and general welfare of thepeople. Therefore, it is important to know the concept of advocacysuitable for the impoverished in a welfare state.

Sign in / Sign up

Export Citation Format

Share Document