scholarly journals DEFAULT IN OF LEGAL AID COLLABORATION AGREEMENT BETWEEN ADVOCATES AND REGIONAL GOVERNMENTS OF CENTRAL BENGKULU REGENCY

2021 ◽  
Vol 11 (2) ◽  
pp. 159-169
Author(s):  
Febricka Riezky Ramadhanti ◽  
Ganefi Ganefi ◽  
Candra Irawan

This study aimed to determine and analyze the implementation of the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal aid and to find out and analyze the settlement in the event of a dispute in the implementation of a cooperation contract between the Regional Government of Bengkulu Tengah Regency and an advocates in the field of providing legal aid. This research was an empirical research and the data analysis used was qualitative with deductive-inductive thinking method. The results showed that the cooperation contract between the Regional Government of Bengkulu Tengah Regency and advocates in the field of providing legal assistance was carried out through a written agreement. The legal basis for the cooperation contract was based on Article 9 letter a and b of Law Number 16 of 2011 concerning Legal Aid, specifically stipulated by the Decree of the Regent of Central Bengkulu Number 3 of 2013 concerning the Stipulation of Advocates/Lawyers in the Context of Resolving Legal Problems for Civil Servants/Apparatus in the Regional Government of Central Bengkulu Regency in 2013 and all costs in the implementation of the cooperation contract for the provision of legal assistance were borne by the Regional Government of Central Bengkulu Regency through Number DPA 1.20 (1.20.03) .20.09.5.2. Whereas the obstacles in implementing the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal assistance included the payment of honorariums to lawyers who were often late or paid once every three months, as a result lawyers could not carry out their duties and functions properly. The settlement of these obstacles by both parties agreed to do non-litigation, which was negotiations, so that the cooperation agreement would not be broken.

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.  


2018 ◽  
Vol 54 ◽  
pp. 08007
Author(s):  
Dessi Perdani Yuris Puspita Sari

An important requirement that must exist in every legal state is the guarantee of protection of the basic rights of citizenship. Among these basic rights is to get legal assistance services for defendants who cannot afford it for free by an advocate. The law and code of ethics have regulated the provisions relating to the provision of legal aid. The crucial problem lies in the lack of comprehension and comprehensive approach to science through the approach of criminal procedural law in understanding and formulating subsections in several laws so that the image of an advocate is actually seen as a commercial profession and these basic rights are often overlooked. This research is an empirical research using sociological juridical approach. Then, all available data are processed qualitatively and qualitative. This study focuses on the legal assistance conducted by advocates to the incapacitated defendants at the PERADI branch located in Purwokerto. It also explains that a number of factors faced was that they came from their own advocates and from the defendants.


2021 ◽  
Vol 7 (1) ◽  
pp. 486
Author(s):  
Komang Febrinayanti Dantes ◽  
I Gusti Ayu Apsari Hadi

This study aims to analyze the legal basis for the acquisition of land and building rights fees in Buleleng Regency. This research is a type of legal research with empirical juridical studies because this research deals with data. This research took place in Singaraja City, especially in the Regional Government Financial Management Agency (BPKPD) Buleleng Regency. Data were collected using observation and interview methods. The data analysis was conducted in a descriptive qualitative manner. Based on the results of the analysis, the legal basis for the Acquisition Fee for Land and Building Rights is relevant to the Regulation of the Minister of Finance, the collection of Fees for Acquisition of Land and Building Rights (BPHTB) is entirely carried out by the regions, this is due to policies on objects, subjects, rates, and tax bases fully stipulated by the Regional Government and adapted to the conditions and objectives of regional development. This policy is adjusted to the Regional Regulation of Buleleng Regency Number 1 of 2011 concerning Law Number 28 of 2009 concerning Regional Taxes and Regional Retributions for the regulation of the imposition of local taxes on Fees for Acquiring Rights on Land and Buildings (BPHTB).


Author(s):  
Riyun Khilmawati Maala

Equality before the law should be applied to all citizens impartially. However, there are still discriminatory cases against those who are in lower strata than others. So we need a legal revolution that guarantees the fulfillment of justice which is then used as a source in law enforcement practices, legal protections, and legal services for poor people or groups. In addition to Indonesia, the State of Malaysia is also trying to provide justice for all its citizens by trying to provide legal aid guarantees for its citizens who are experiencing legal problems but are not able to afford it economically. This research is intended to analyze the legal comparison of the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice. The research also aims to find out what obstacles are encountered in the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice.


Author(s):  
Marina O. LITS

The traditional concept of international legal aid among the judicial authorities of different states in civil and criminal matters has, in a sense, limited the capacity and possibilities to its study. In addition, the need to use information and communication technologies in education during the pandemic is not fully matched by available materials and techniques. This study aims to identify new dimensions in the content and teaching of international legal aid. The subject under consideration may be supplemented by the issues of inter-state legal assistance in administrative matters, interaction between a particular state and the relevant international organization (or inter-state body) in the various forms of international legal assistance. This article focuses on a number of educational technologies aimed at forming the necessary competences of the students of legal master’s programs. One of them is to follow a definite algorithm when writing a comment for a judgment with the possibility to monitor and control the results of work through information platforms. Another technology is to adapt the pedagogical method of researching a media text (in this case, a feature film) in a project research seminar on a given topic. Finally, the fresh insight into the possibilities of examining the procedure for the fulfilling of requests for international legal aid by means of videoconferencing is given, since these means are in particular demand under the current circumstances. The results of the study include proposals to change the structure of the discipline and to develop training technologies. New dimensions in the content and teaching of international legal aid are aimed at improving the results of master’s studies in the changing world and will undoubtedly contribute to the development of quality legal education.


2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.


2020 ◽  
Vol 1 (4) ◽  
pp. 159-165
Author(s):  
Dian Setiawan

Describe the implementation of the fingerprint electronic absence policy on the discipline and performance of civil servants as well as the impact it has on implementing the fingerprint electronic absence policy. Qualitative descriptive method describes various conditions and situations as the object of research. The data collection techniques used were observation, documentation and interviews. After the implementation of fingerprint electronic attendance, discipline increases and obligations as employees have been carried out in accordance with applicable regulations. The application of sanctions in the regional government of seluma regency is in accordance with the regulations of civil servants and the provision of rewards for employees who excel has been carried out properly, to inspire other employees, so that they can work better.  


Author(s):  
Oksana Krushnitska

This article discusses the relationship between legal, legal aid and legal assistance. The lack of a clear distinction between the term "legal assistence" and the terms "legal aid" and "legal" has led, in our observations, to the conclusions of individual authors and entire institutions that Ukraine's law enshrines in fact a triple system legal aid. Studies have shown that the legislator distinguishes between "legal aid" and "legal" (or legal) assistance, depending on the subject of assistance. Positive trends in the replacement of legal aid terminology with professional legal aid have been identified and shown. At he article notes that the development and establishment of independent professional legal assistance continues in the future. A large number of reforms and changes, especially at the constitutional level, on the one hand, contribute to improving and improving the development of the institution of professional legal assistance, and on the other hand, there are many contradictions and inconsistencies in this regard, because the introduction of new terms is always a supporter for its introduction and against it. Legal aid is the most successful term and should be interpreted as a multidimensional legal practice aimed at ensuring the rule of law and the realization of the rights of each person who enters into a specific legal relationship, the content of which is the implementation of legally defined means, including legal advice and clarification of the rights and procedures for their implementation, assistance in the preparation and filing of applications, petitions, complaints and other legal documents, initiation and participation in procedural actions and proper recording of their course and results, assessment of the adherence, validity and admissibility of evidence, analysis of the legality of legal decisions, taking measures to remedy infringed cases. to, damages caused offense. It also includes some of the problems that need to be addressed by further consolidating professional legal assistance in other regulations to ensure their compliance with the Basic Law of Ukraine.


2019 ◽  
Vol 3 (2) ◽  
pp. 154-166
Author(s):  
Rachma Frattiwi

This research was conducted at the Yogya Purwakarta Toserba Food Court. The problem that occurred at the Yogya Purwakarta Toserba Food Court was that the concept of the collaboration agreement that was carried out tended to be wrong. The purpose of this study was first to determine the cooperation agreement undertaken by the UMKM with the "Yogya Rasa", namely the system of cooperation agreements for results. Cooperation agreement for profit sharing here is a cooperation agreement made by one party with another party. Where one party provides facilities or infrastructure in the form of a place in the form of a counter while the other party occupies the counter with a profit sharing system. second to find out the suitability of the Musyarakah contract concept. The cooperation agreement that has been carried out by the UMKM with the manager of Yogya Toserba Food Court is in accordance with the Syirkah Mudharabah concept in which this collaboration is carried out by the first party contributing capital and work at the same time while the second party only contributes only venture capital while profits are shared according to mutual agreement. This research uses descriptive qualitative analysis approach method. Data collection can be done by the method of observation, interviews and documentation


2021 ◽  
Vol 5 (3) ◽  
pp. 190-200
Author(s):  
Hery Syahrial ◽  
Miftahuddin Miftahuddin ◽  
Sunaryo Sunaryo

The purpose of this study was to analyze the factors that influence the work performance of employees in the Percut Sei Tuan sub-district. The sample in this study was 123 employees, using Structure Equation Modeling (SEM) as a data analysis technique. This study concludes that motivation, self-efficacy, and professionalism have a significant effect on leadership style, while competence does not significantly affect leadership style. Leadership style and motivation do not significantly affect work performance, while self-efficacy, professionalism and competence significantly affect work performance. This study provides information that in order to improve employees' work performance, strong leadership is needed and can provide motivation that increases confidence in the ability of employees and also increases professionalism in carrying out duties and responsibilities as a civil servant. Competence is a necessity that must be owned by all employees (civil servants) who are given responsibility by the leadership.


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