Implementasi Pemberian Bantuan Hukum Di Kota Samarinda Berdasarkan Perspektif Administratif Dalam Undang-Undang Nomor 16 Tahun 2011

2017 ◽  
Vol 7 (2) ◽  
pp. 109
Author(s):  
Abdul Mukmin Rehas, S.H., M.H
Keyword(s):  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
Low Level ◽  
The Poor ◽  
Important Means ◽  
The Government ◽  
The City

ABSTRACT Legal aid is a very important means in terms of gaining the needs of the poor society in this case to obtain the justice and retain their rights because not all people are able to afford to pay the attorneys' fees that are reliable and professional to retain the rights and ensure legal certainty nor justice for one of the parties. Thus the government needs to provide legal assistance to the community with low level economy to find the justice for him, and mandatory for the government to implement the City Legal Assistance in Samarinda in order to run in perspective and in accordance with law No. 16 in 2011.

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 Assistance for the Poor in Rokan Hulu District of Riau Province

2019 ◽  
Vol 1 (4) ◽  
Author(s):  
Nofrizal Nofrizal
Keyword(s):  
Human Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Ability To Pay ◽  
The Poor ◽  
District Government ◽  
The Government ◽  
Aid Programs

The emergence of Law No. 16 of 2011 on legal aid is expected to realizethe right society in obtaining justice. Empirically, it is known that thelaw is enjoyed by many people who has the ability to pay a lawyer oradvocate only. While the poor or who are not able to tend to resignwith the circumstances, so that the term appears that we often hear, theblunt law upward, sharp down. In Rokan Hulu district of Riau Provincethe district government together with the DPRD welcomed The lawimmediately drew up local regulations on legal aid for the poor. It isstated in the rules of the Regional Regulation Rokan Hulu No. 6 onlegal aid for the poor, but which became constraint is that in the areastill minimal LBH (Legal Aid Institutions) are eligible to give advocacyfor the poor in accordance with the requirements requested by thegovernment, the Legal Aid Institute who has been accredited by theMinistry of Law and Human Rights, and accredited by the Ministry ofJustice and Human Rights many conditions must be met so that whenthere is a credible Legal Aid Institution in the area want provide legalassistance to the poor, but cannot be done because of being knockedby requirements required by the government. The hope is that theaspirations of our country in realizing the rights of society in obtainingthis justice can be achieved, it needs further arrangements that lead toit the implementation of legal aid programs for these poorcommunities by taking into account the quantity of legal institutionsthere are and many conflicts that need to be given advocacy assistancefor these incapable people.

scholarly journals PERSPEKTIF BANTUAN HUKUM DI KOTA BOGOR DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2020 ◽  
Vol 12 (1) ◽  
pp. 74
Author(s):  
Roni Ismail ◽  
Endeh Suhartini
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Private University ◽  
Legal Assistance ◽  
Legal Aid ◽  
Internal Factors ◽  
The Poor ◽  
The People ◽  
Constitutional Right ◽  
The Government

Legal aid is a constitutional right for Indonesian citizens to obtain legal protection and equality. The existence of Law Number 16 of 2011 is a manifestation of that constitutional right. Fulfillment of legal aid for the poor in Bogor City has been partially implemented using APBD funds in accordance with Regional Regulation No. 3 of 2015 concerning Legal Aid for the Poor and Mayor Regulation Number 39 of 2015 as the Implementing Regulation. The provision of legal aid to the poor in Bogor which refers to the Bogor City Regulation No. 3 of 2015 concerning Legal Aid for the Poor has not yet been realized specifically for the people of Bogor City. This is due to obstacles from external and internal factors in its implementation, namely in the form of a Legal Assistance Organization  which is only one accredited at the Ministry of Law and Human Rights and limited funds for absorption of legal aid implementation activities. Therefore, the  Government needs to involve Legal Aids (LKBH-LKBH) in private university institutions in Bogor and its surroundings to be able to realize the plan for establishing Legal Consultation innovations (legal clinics) in 68 urban office Bogor City

scholarly journals A Critical Analysis of Legal Aid in Bangladesh

2014 ◽  
Vol 2 (1) ◽  
pp. 139
Author(s):  
Md. Nannu Mian ◽  
Md. Mamunur Rashid
Keyword(s):  
Financial Crisis ◽  
Research Methods ◽  
Critical Analysis ◽  
Poverty Line ◽  
Legal Rights ◽  
Legal Knowledge ◽  
Legal Aid ◽  
The Poor ◽  
Analytical Research ◽  
The Government

Legal aid is essentially a mechanism that enables the poor and the vulnerable sectors of the society to be able to enforce their legal rights in order to access a fair and equitable justice in the society. Nowadays, a legal aid can be justifiably said as a crying need to ensure social and legal justice in Bangladesh because most of the citizens are illiterate and they live below the poverty line which incidentally makes matters worse. Due to their financial crisis or lack of legal knowledge they are often precluded to access justice. In recognizing the legal aid as a right, the government has enacted some laws. However, unfortunately those laws are full of weaknesses, loopholes, and procedural complexities which have to be judiciously addressed in the proper legal perspectives. As a matter of fact, legally speaking, much has been said and done, but ironically not much has been practiced. Due to these ever unsettling defects, the ultimate objectives of those laws have frequently failed to ensure enjoyment of the legal aid services among the vulnerable sectors of the society. In this research, an attempt has been made to analyze and find out numerous legal the gaps, loopholes and complexities of the existing laws relating to legal aid services in Bangladesh and frame out a comprehensive solution for ensuring the aid program by adopting the qualitative and the analytical research methods.

scholarly journals Legal Protection Model for Indonesian Migrant Workers

2018 ◽  
Vol 3 (02) ◽  
pp. 291-304
Author(s):  
Anis Widyawati
Keyword(s):  
Saudi Arabia ◽  
Migrant Workers ◽  
Middle Eastern ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Systems ◽  
Level Of Education ◽  
Low Level ◽  
The Republic ◽  
The Government

The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.

scholarly journals Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight

2021 ◽  
Vol 3 (4) ◽  
pp. 517-536
Author(s):  
Khoirum Lutfiyah
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
Legal Problems ◽  
Basic Rights ◽  
The Law ◽  
The Government

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.

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 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 in Indonesia: Problems and Challenges

2021 ◽  
Vol 3 (2) ◽  
pp. 163-172
Author(s):  
Muhammad Akbar Maulana Gustaf
Keyword(s):  
Equal Treatment ◽  
Poor People ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
Judicial Process ◽  
Or Groups ◽  
The Republic ◽  
The Right

In the 1945 Constitution of the Republic of Indonesia Article 28D Paragraph (1), it is stated that "Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law." Legal aid is legal services provided by legal aid providers free of charge to legal aid recipients, namely people or groups of poor people to obtain justice. Legal Aid Providers are legal aid organizations or social organizations that provide Legal Aid services based on Law no. 16 of 2011 concerning Legal Aid. With free legal assistance, people who are unable, in this case at the economic level, who are involved in the judicial process will receive relief from obtaining legal advisors so that their rights can be protected and the judicial process can proceed properly.

scholarly journals PERAN PELAKSANA PENYULUHAN HUKUM KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM BANTEN DALAM SOSIALISASI BANTUAN HUKUM GRATIS BAGI MASYARAKAT TIDAK MAMPU

2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Anton Aulawi ◽  
Ratu Mimi Darniasih
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
State Budget ◽  
Regional Office ◽  
The Poor ◽  
Rule Number

The purpose of this research was to determine the role of Legal Counselors in the Regional Office of the Banten Ministry of Law and Human Rights in the socialization of free legal aid for the poor. In this research the authors use a methodology with a qualitative approach. In the research to be conducted, researchers will use three data collection techniques, by interview, observation, and documentation. The results of this research are that legal aid regulated by Rule Number 16 of 2011 years concerning Legal Aid, is the state's obligation to provide the rights of every citizen to get legal protection and human rights, especially for the poor. The provision of legal aid as a state obligation to implement the constitutional rights of the poor is to provide funding to legal aid organizations with the State Budget. The state is present to provide legal assistance, one of which is by means of the Regional Office of the Ministry of Law and Human Rights Banten. The method of socialization about free legal assistance to the poor is done by legal counseling activities with direct and indirect methods; firstly, legal counseling is carried out solely by law enforcement officers from the Regional Office of the Ministry of Law and Human Rights Banten. Secondly, legal counseling is carried out by accredited legal aid organizations but with budgets derived from legal aid funds from the state  with the authority of budget users from the Ministry of Law and Human Rights.

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