scholarly journals BANTUAN HUKUM YANG IDEAL BAGI MASYARAKAT TIDAK MAMPU

2018 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
DADANG SUPRIYATNA
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Research Method ◽  
Social Aspects ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Status ◽  
Important Position ◽  
The Right

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocate’s respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacher’s Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.

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.

The African Court on Human and Peoples’ Rights and Its Protection of the Right to a Fair Trial

2017 ◽  
Vol 16 (2) ◽  
pp. 187-223
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Legal Assistance ◽  
Legal Aid ◽  
Reasonable Time ◽  
African Charter ◽  
The Right

Abstract Article 3(1) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights provides that: “[t]he jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the [African] Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.” Since its establishment, the African Court on Human and Peoples’ Rights has handed down judgments dealing, inter alia, with the right to a fair trial under Article 7 of the African Charter on Human and Peoples’ Rights. This article discusses these judgments to highlight how the Court has interpreted or applied Article 7 of the African Charter. The author will analyse the jurisprudence of the Court on the right to a fair trial and in particular discuss the following themes that have emerged from this jurisprudence: the Court’s interpretation of the components of the right to a fair trial; the right to be heard and the right to defend oneself; the right to legal assistance, including legal aid; manifest errors in the trial; the right to be tried within a reasonable time; and the role of a prosecutor in contributing to the fairness of the trial. The author also discusses how the African Court has invoked other treaties to interpret the relevant provisions of the African Charter and how the African Court has interpreted other treaties apart from the African Charter.

scholarly journals PELAKSANAAN PEMBERIAN BANTUAN HUKUM PADA TINGKAT PENYIDIKAN BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (KUHAP) DI WILAYAH HUKUM POLRES BUKITTINGGI

2021 ◽  
Vol 3 (2) ◽  
pp. 237-246
Author(s):  
Anny Yuserlina
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Code Of Conduct ◽  
Legal Assistance ◽  
Legal Aid ◽  
Early Stages ◽  
Maximum Protection ◽  
The Right ◽  
Legal Procedures

The provision of legal assistance at the level of investigation in the law of criminal justice in Indonesia is expected to provide maximum protection of the rights of life of suspects, especially those of weak and poor origin in the form of legal aid since the early stages of examination of suspects, Legal aid is not only interpreted as the right of the suspect since the investigation stage, but also as an obligation that must be fulfilled by every law enforcement apparat, especially investigators before starting an examination of suspects. Protection of the human rights of suspects since the stage of investigation is at least expected to be one of the factors that minimize the possibility of arbitrariness by law enforcement apparat and the possibility of irregularities in the application of criminal procedural legal procedures therefore examination at the level of investigation is important to get justice minimizing violations that can occur at any level that includes intimidation at the time of drafting News Of Inspection event so that apparat law enforcement stick to apparat law enforcement code of conduct and human rights values.

scholarly journals Current stage of Russian advocacy development

2021 ◽  
pp. 27-36
Author(s):  
S. I. Volodina
Keyword(s):  
Mental Health ◽  
Professional Development ◽  
Law Enforcement ◽  
Legal Profession ◽  
Negative Consequences ◽  
Legal Aid ◽  
The Status ◽  
Standards Of Proof ◽  
Current Stage

The paper considers the present time status of the Russian advocacy, the progress in digitalization of the legal profession and plans for the future development, as well as advocacy’s challenging issues and solu- tions. The article reviews criteria for division of advocacy’s challenging issues. The paper refers to the creation of a commemorative medal in honor of the 30th anniversary of the FSAR (Russian Federal Lawyers Union).The role in the integration of the legal profession of the famous attorney and the former head of the department of advocacy of the Kutafi n Moscow State Law University (MSAL) A. V. Kligman, in whose honor the medal was created, is described. Also, the article highlights the “Pashayev eff ect” as the legal profession antihero and shows the negative consequences to which his behavior led. Moreover, attention is paid to the Concept of the development of the legal aid market and the tasks of the legal profession. Besides topics discovered, the Author analyzes the problems of protecting the professional rights of attorneys, the example of violation of the rights is provided by the case of attorney Diana Tsipinova in 2020 and the advocacy’s attempts to achieve a positive result. The problem of creating a specialized advocacy is revealed. The question of the mandatory internship for the purpose to acquire the status of an attorney is discussed. Defenсe standards and Standards of proof are observed. An example of the successful practice in the fi eld of people’s mental health of attorney Y. L. Ershov and his role in changing the law enforcement in mentioned area is given. The role of professional development of advocacy is shown.

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

PROBLEMS OF GRANTING VISITATIONS TO ATTORNEYS WITH THE SUSPECTS AND DEFENDANTS DETAINED IN CUSTODY

2021 ◽  
pp. 29-33
Author(s):  
Сергей Владиславович Владимиров
Keyword(s):  
Law Enforcement ◽  
Penal System ◽  
Legal Assistance ◽  
Positive Experience ◽  
Legal Aid ◽  
Detention Centers ◽  
The Law ◽  
The Right ◽  
To Receive

В статье рассматриваются правовые и правоприменительные проблемы посещения адвокатами подозреваемых и обвиняемых, содержащихся под стражей. Проанализирована правоприменительная практика нарушений права подозреваемых и обвиняемых на получение своевременной квалифицированной юридической помощи. Обоснована необходимость наличия отлаженного государственного механизма реализации предусмотренных законом прав подозреваемых и обвиняемых. Перечислены проблемы, связанные с предоставлением свиданий адвокату с подозреваемыми и обвиняемыми, находящимися в следственных изоляторах уголовно-исполнительной системы. Проанализированы основания предоставления свиданий адвокату с подозреваемыми и обвиняемыми, содержащимися под стражей, в соответствии с действующим законодательством и нормативными актами ФСИН России. Исследован порядок посещения адвокатами подзащитных, содержащихся в следственных изоляторах уголовно-исполнительной системы, регламентированный как ведомственными нормативными актами ФСИН России, так и решениями адвокатских образований. Приведен механизм работы центра субсидируемой юридической помощи по вопросу организации посещений адвокатами подзащитных, содержащихся в следственных изоляторах. Раскрыт положительный опыт ФСИН России организации дистанционных свиданий адвокатов с подзащитными с использованием систем видеоконференц-связи. На основе рассмотренных проблемных вопросов сформулированы выводы и предложения по совершенствованию правоприменительной деятельности органов и учреждений уголовно-исполнительной системы. The article examines the legal and law enforcement problems of visits by lawyers to suspects and accused in custody. The law enforcement practice of violations of the right of suspects and accused to receive timely qualified legal assistance is analyzed. The need for a well-functioning state mechanism for the implementation of the rights of suspects and accused provided by law is substantiated. The problems associated with granting visits to a lawyer with suspects and accused persons who are in pre-trial detention centers of the penal system are listed. The author analyzes the grounds for granting visits to a lawyer with suspects and defendants in custody, in accordance with the current legislation and regulations of the Federal Penitentiary Service of Russia. The procedure for visiting by lawyers of clients held in pre-trial detention centers of the penal system, regulated by both departmental regulations of the Federal Penitentiary Service of Russia and decisions of lawyers' associations, has been investigated. The mechanism of work of the center for subsidized legal aid on the issue of organizing visits by lawyers to clients held in pre-trial detention centers is presented. The positive experience of the Federal Penitentiary Service of Russia in organizing remote meetings between lawyers and clients using videoconferencing systems is disclosed. On the basis of the considered problematic issues, conclusions and proposals were formulated to improve the law enforcement activities of the bodies and institutions of the penal system.

scholarly journals PERLINDUNGAN HUKUM TERHADAP TERSANGKA PADA TAHAP PENYIDIKAN YANG TDAK SESUAI DENGAN PASAL 52 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (contoh kasus: penangkapan tersangka pemilik ribuan rokok illegal)

2019 ◽  
Vol 1 (2) ◽  
pp. 425
Author(s):  
Andri Tjhin ◽  
Mety Rahmawati
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Scientific Paper ◽  
Theory Of Justice ◽  
Article 50 ◽  
The Right

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.

scholarly journals The Role of NGOs (Non-governmental organizations) in Participatory Prevention of Environmental crimes

2020 ◽  
Vol 24 ◽  
pp. 16
Author(s):  
Shirin Aghajani
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Research Method ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Right ◽  
Development And Environment

Crimes against the environment are actions that in certain circumstances cause Pollution, destruction or damage to the environment. The importance of preventing these crimes is because it relates directly to the health of human beings. Today non-governmental actors play an important role in the national and international arena.The Geographical diversity of activities and their different functions has led to state actors cannot be indifferent to the role of these new actors. NGOs are involved in two "competing" or "partner" forms of governments. In issues related to human rights, these to be a competitor to governments. While in the case of issues such as health development and environment it is considered as a partner of governments. In Iran's legal system the action role of these organizations in regard to environmental protection is undeniable: But there is still a lot of vacuum at the reactionary stage: must provide suitable substrates for the active Participation of this actors in environmental litigation: In a way that they can achieve a favorable position in criminal proceedings: Also, the organization of NGOS as the right hand of governments in helping to solve these problems has also a special place. The research method was descriptive-analytic and the date was collected as a library. In this research we decided to investigate the role of grassroots institutions in preventing environmental crime and accomplish the strengths and weaknesses of these institutions.

scholarly journals Code of Ethics and the Role of Advocates in Providing Legal Aid to the Poor

2020 ◽  
Vol 1 (2) ◽  
pp. 259-274
Author(s):  
Muten Nuna ◽  
Dince Aisa Kodai ◽  
Roy Marthen Moonti
Keyword(s):  
Law Enforcement ◽  
Code Of Ethics ◽  
Law Enforcement Officers ◽  
Legal Aid ◽  
Applicable Law ◽  
The Status ◽  
Political Intervention ◽  
Community Trust ◽  
The Law

Law No. 18 of 2003 concerning Advocates emphasizes the status of Advocates as one of the law enforcers who have roles and functions that are equal to the Police, Prosecutor's Office and Judicial Power as law enforcement officers, but there is specialness given by the law to lawyers, namely the independence of advocates in carrying out their duties and profession. The independence of advocates aims to support the implementation of a justice system that is free from power and political intervention in law enforcement, and with that independence the Advocate Profession is said to be a very noble profession (offiicium nobile). As a noble profession, of course, advocates are bound by ethical values ​​that become the guidelines in the implementation of their duties and authorities, where those values ​​are posited as a Professional Code of Ethics. Talking about advocates, of course it cannot be separated from law enforcement, talking about law certainly cannot be separated from the state system or the political colors of certain countries and so on. This article wants to explain how the code of ethics of the advocate profession in upholding the law is how the role of advocates in providing justice to society based on applicable law. In conclusion, this article wants to explain that the code of ethics can compensate for the negative aspects of the profession and with the existence of a code of ethics, community trust in a profession can be strengthened, because every client has the assurance that his interests will be guaranteed, and the implementation of legal aid must be in line with the breath that becomes the goal is protection human rights and ideals of justice.

scholarly journals Theoretical aspects of the European Court of human rights interpretation of the right to life in the context of law enforcement

2019 ◽  
Vol 7 (3) ◽  
pp. 36-40
Author(s):  
Valeriy Konnov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Consequences ◽  
Right To Life ◽  
Law Enforcement Agencies ◽  
European Court ◽  
Legal Nature ◽  
Law Enforcement Officials ◽  
The Right

The article consider analyses some legal positions of the European Court of Human Rights which connected with the actions of law enforcement officials resulted with the death of suspects during detention. The author made the conclusion that a global understanding by the ECHR of the right to life doesn’t pay attention to the objective legal nature of criminal threats. The ECHR provides the idea that law enforcement agencies play the role of defender of society, but they don’t work as a power tool designed to protect specific actions that could entail social consequences.

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