Mekanisme Pemberian Bantuan Hukum Bagi Masyarakat Miskin Di Pengadilan Negeri Samarinda

2017 ◽  
Vol 7 (2) ◽  
pp. 97
Author(s):  
Jaidun, S.H., M.H

ABSTRACT The court is a space or a last fort for people to get justice but in this case a problem which seek the court is not easy and with little expense but rather the cost to be incurred for example using the services of professional lawyers prohibitively expensive while not all people can afford to pay. However, Indonesia as a legal state as mentioned in the Constitution of 1945 in Article 1 point (3) "Indonesia is a legal state" the state must guarantee equality of each citizen both before the law and protect all the rights to be treated before the law, and with the Legal aid society, especially in the city of Samarinda, in this case, it helps people, especially the underprivileged in right of defending their rights and being protected from discrimination apparatus or elements which are not responsible and the process of case investigation encountered can occur as supposed to be. Thus, the law agencies is indispensable for the people belonging to the poor economy.

Author(s):  
Khoirum Lutfiyah

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.


Author(s):  
Alycia Sandra Dinar Andhini

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.  


Author(s):  
Dani Setiawan

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.


Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun

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.


Author(s):  
Judith Prima Hapsari

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.


2020 ◽  
Vol 2 (2) ◽  
pp. 83-99
Author(s):  
Fanny Dian Sanjaya

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.


1862 ◽  
Vol 7 (40) ◽  
pp. 560-589
Author(s):  
Coxe

As considerable attention has recently been directed to the state of lunacy in Scotland, and much difference of opinion still exists as to the best method of providing accommodation for the insane poor, I have thought it not unlikely that it may interest at least a section of your readers, to know “how they manage these things in France.” You are aware there is no compulsory poor-law in this country; nevertheless, there is much charitable expenditure. Each parish or commune has its own resources, derived from the rents of land, the interest of money, local imposts, or charitable bequests; and its ability to provide for its poor varies with the amount of its revenue. In some communes, accordingly, the poor are well cared for, while, in others “they are steeped in misery to the very lips.” In 1838, the present French law of lunacy came into operation. It provides for the erection of departmental asylums, and for the maintenance therein of the insane poor. The funds for the buildings are voted by the Conseil-Général of the department, while those for the maintenance of the patients are found in this way:—The law determines that a commune possessing a certain income shall pay a certain proportion of the keep of its pauper lunatics; the remaining portion is defrayed by the department. The proportion paid by the commune varies from a sixth to a half; but as it is rare that a commune pays the highest rate, by far the greater share of the cost of maintenance falls on the department. It is the duty of the préfet to ascertain the income of the different communes within his jurisdiction, and to fix the proportion which each has to contribute for the pauper lunatics belonging to it. The rate of maintenance to be charged by the asylum is also fixed from time to time by the same official. At present, in the department of the Seine Inférieure, it amounts to one franc twenty-five centimes a-day for males, and to one franc fifteen centimes a-day for females. The poorest communes, accordingly, get their pauper lunatics maintained for a sixth of these sums, or about twopence a-day. Of course, as forming part of the department, they have to pay their share of the departmental expenses, but these fall in a much greater ratio on the wealthier communes—on such, for instance, as those of Rouen and Havre. The natural effect of this system is to stimulate the poorer communes to send every possible case to the asylum.


Author(s):  
Muhamad Akhsanul Fadli

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.


Author(s):  
Hayatul Ismi

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.


2003 ◽  
Vol 4 (1) ◽  
pp. 72-80 ◽  
Author(s):  
Pranciškus Juškevičius

The article provides the analysis of the evolution of the planning principals and physical development of the City since 1988 when the state determined planning was mandatory, covering the period since the adoption of the Law on Territorial Planning up to the present date when the City operates in the market economy conditions. The controversy of the City planning and development is pointed out, as well as the necessity to liberalise and harmonise the process.


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