scholarly journals PERANAN MAHASISWA FAKULTAS HUKUM SEBAGAI PELAKSANA BANTUAN HUKUM (LEGAL AID) KEPADA MASYARAKAT

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Deni Achmad
Keyword(s):  
Legal Issues ◽  
Law Students ◽  
Wide Area ◽  
Access To Justice ◽  
Legal Aid ◽  
Dense Population ◽  
The Law

The role of law students in the implementation of legal aid is divided into two, namely the implementation of legal aid litigation and non-litigation legal aid. The role of students in the provision of legal aid services, urgent existence, considering many people who are not capable of, marginalized and legally blind in Indonesia is difficult to get access to justice, especially a dense population and spread across a wide area so it is not proportional to the number Advocates are available and include high student awareness of the legal issues faced by the community/communities are not able to. Students have contributed significantly in their communities by providing legal aid services, running the advocacy work and organizing in their communities in order to encourage growth is growing awareness of the laws of society and realize access to justice (acces to justice) for everyone, especially people not being able to obtain a guarantee in the fulfillment of their rights as citizens, especially equality before the law (equality before the law) as mandated by the constitution in Article 28D paragraph (1) and Article 28H paragraph (2) of the constitution of 1945 .Keywords: Student, Legal Aid, Role

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 PERAN KALANDRA LAW OFFICE SEBAGAI PEMBERI BANTUAN HUKUM DI KOTA SEMARANG

2018 ◽  
Vol 8 (2) ◽  
pp. 177
Author(s):  
Adhi Budi Susilo ◽  
Khifni Kafa Rufaida
Keyword(s):  
Empirical Study ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The World ◽  
Tangible Evidence ◽  
The Law

<p>Lahirnya Kalandra Law Office sesuai dengan SK. Menkumham No. AHU-0051440.A.H.01.07 Tahun 2016 diharapkan dapat memberikan akses terhadap keadilan (<em>access to justice)</em> dan kebersamaan dihadapan hukum <em>(equality before the law)</em>. Bantuan hukum merupakan suatu jawaban terhadap adanya kebutuhan masyarakat atas adagium “hukum tajam kebawah, hukum tumpul kebawah” ini didukung dengan lahirnya Undang-Undang  No.16 Tahun 2016 tentang Bantuan Hukum. Penelitian ini bermaksud untuk mengetahui peran <em>Kalandra Law Office</em> dalam memberikan bantuan hukum di kota semarang serta hambatan-hambatan yang mempengaruhi dalam peranannya. Metode yang digunakan dalam penelitian ini adalah normatif-empiris yang mengkaji peraturan tertulis Undang-Undang No. 16 Tahun 2011 Tentang bantuan hukum dalam <em>access to justice.</em> Kalandra <em>Law Office </em>diharapakan menjadi asa baru ditengah keputusasaan masyarakat awan dalam memperjuangkan hak-haknya dimata hukum. Oleh karena itulah Kalandra <em>Law Office</em> memiliki andil yang besar dalam <em>access to justice.</em> Sehingga dapat menumbuhkan harapan baru di dalam dunia peradilan tetapi juga menjadi bukti nyata akan keadilan yang sama bagi siapapun dimuka hukum</p><p>The birth of Kalandra Law Office in accordance with SK. Menkumham No. AHU-0051440.A.H.01.07 Year 2016 is expected to provide access to justice and equality before the law. Legal assistance is an answer to the community's need for adage "sharp law down, blunt law down" this is supported by the birth of Law No. 16 of 2016 concerning Legal Aid. This study intends to find out the role of Kalandra Law Office in providing legal assistance in Semarang city and the obstacles that affect its role. The method used in this research is normative-empirical study of written regulations of Law No. 16 of 2011 concerning legal assistance in access to justice. Kalandra Law Office is expected to become a new hope amid the desperation of the cloud community in fighting for their rights in the eyes of the law. That's why Kalandra Law Office has a big contribution in access to justice. So that it can foster new hope in the world of justice but also be tangible evidence of equal justice for anyone before the law.</p>

scholarly journals Role of Law Students in Providing Legal Literacy through Street Law

2019 ◽  
Vol 1 (4) ◽  
Author(s):  
Leni Widi Mulyani
Keyword(s):  
Legal Education ◽  
Target Group ◽  
Law Students ◽  
Legal Aid ◽  
Legal Literacy ◽  
Helping Others ◽  
The Law

Clinical Legal Education (CLE) is one of the programs that develop softskills for law students so that after graduation they’ll be ready to useand have a good spirit in helping others. The target group of theprogram are poor and/or marginalized who need help to get an accessto justice. CLE program consists of several activities, while the clinicwhich developed by the Faculty of law Pasundan University Bandung isthe provision of legal aid in the form of learning the law or the legalknowledge to those in need.

scholarly journals Peran Kalandra Law Office Sebagai Pemberi Bantuan Hukum Di Kota Semarang

2018 ◽  
Vol 8 (2) ◽  
pp. 177
Author(s):  
Adhi Budi Susilo ◽  
Khifni Kafa Rufaida
Keyword(s):  
Empirical Study ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The World ◽  
Tangible Evidence ◽  
The Law

<p>Lahirnya Kalandra Law Office sesuai dengan SK. Menkumham No. AHU-0051440.A.H.01.07 Tahun 2016 diharapkan dapat memberikan akses terhadap keadilan (<em>access to justice)</em> dan kebersamaan dihadapan hukum <em>(equality before the law)</em>. Bantuan hukum merupakan suatu jawaban terhadap adanya kebutuhan masyarakat atas adagium “hukum tajam kebawah, hukum tumpul kebawah” ini didukung dengan lahirnya Undang-Undang  No.16 Tahun 2016 tentang Bantuan Hukum. Penelitian ini bermaksud untuk mengetahui peran <em>Kalandra Law Office</em> dalam memberikan bantuan hukum di kota semarang serta hambatan-hambatan yang mempengaruhi dalam peranannya. Metode yang digunakan dalam penelitian ini adalah normatif-empiris yang mengkaji peraturan tertulis Undang-Undang No. 16 Tahun 2011 Tentang bantuan hukum dalam <em>access to justice.</em> Kalandra <em>Law Office </em>diharapakan menjadi asa baru ditengah keputusasaan masyarakat awan dalam memperjuangkan hak-haknya dimata hukum. Oleh karena itulah Kalandra <em>Law Office</em> memiliki andil yang besar dalam <em>access to justice.</em> Sehingga dapat menumbuhkan harapan baru di dalam dunia peradilan tetapi juga menjadi bukti nyata akan keadilan yang sama bagi siapapun dimuka hukum</p><p>The birth of Kalandra Law Office in accordance with SK. Menkumham No. AHU-0051440.A.H.01.07 Year 2016 is expected to provide access to justice and equality before the law. Legal assistance is an answer to the community's need for adage "sharp law down, blunt law down" this is supported by the birth of Law No. 16 of 2016 concerning Legal Aid. This study intends to find out the role of Kalandra Law Office in providing legal assistance in Semarang city and the obstacles that affect its role. The method used in this research is normative-empirical study of written regulations of Law No. 16 of 2011 concerning legal assistance in access to justice. Kalandra Law Office is expected to become a new hope amid the desperation of the cloud community in fighting for their rights in the eyes of the law. That's why Kalandra Law Office has a big contribution in access to justice. So that it can foster new hope in the world of justice but also be tangible evidence of equal justice for anyone before the law.</p><p><em> </em></p>

The Muslim and the Law: A Brunei Experience

2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Legal Issues ◽  
Core Element ◽  
The Core ◽  
Ideal System ◽  
The Law ◽  
Islamic Values

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

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

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

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