legal assistance
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Sarwahita ◽  
2022 ◽  
Vol 19 (01) ◽  
pp. 220-233
Author(s):  
Suherman ◽  
Andriyanto Adhi Nugroho ◽  
Yuliana Yuli ◽  
Wahyo Santoso ◽  
Human Santoso

Abstract Most of the residents of Baros village work in the agricultural and plantation sectors with most of the residents having education up to junior high and high school levels. Thus, they do not understand the law and technology that is currently developing due to their low educational background. Therefore, Baros Village needs socialization about the online legal assistance of nonlitigation in order towards a modern and justice village. The method used is in the form of socialization accompanied by counseling to the community, namely by providing explanations and discussions with the aim of activities that Baros villagers understand the importance of online legal assistance through non-litigation using current technology such as computers, laptops and hand phones. The results of the activities in the socialization turned out to be many Baros villagers who did not understand the existence of online legal assistance to resolve their cases outside the court such as negotiation, mediation, conciliation, and consultation. The village office must provide an internet network, computer or laptop for its citizens to learn technology in order to become a modern village.   Abstrak Sebagian besar penduduk desa Baros bekerja di sektor pertanian dan perkebunan dengan  sebagian besar warganya mempunyai pendidikan sampai tingkat SMP dan SMA. Sehingga mereka  kurang memahami hukum dan teknologi yang berkembang saat ini dikarenakan latar belakang pendidikan yang masih rendah. Oleh karenanya,  Desa Baros perlu adanya sosialisasi tentang pentingnya memahami teknologi dan hukum untuk dapat menyelesaikan sengketanya secara online dan melalui alternative penyelesaian sengketa diluar pengadilan atau non litigasi.  Metode yang digunakan berupa sosialisasi disertai penyuluhan kepada masyarakat yaitu dengan memberikan penjelasan dan diskusi dengan tujuan kegiatan agar warga desa Baros memahami pentingnya bantuan hukum online melalui non litigasi dengan menggunakan teknologi saat ini seperti computer, laptop dan Hand phone. Hasil kegiatan dalam sosialisasi  ternyata banyak warga desa Baros yang tidak memahami adanya bantuan hukum online untuk menyelesaikan perkaranya melalui diluar pengadilan seperti negosiasi, mediasi, konsiliasi, konseltasi. Kantor desa harus menyediakan jaringan internet, computer atau laptop untuk warganya belajar teknologi agar menjadi desa yang modern.  


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.


2021 ◽  
Vol 17 (4) ◽  
pp. 103-110
Author(s):  
Oleg G. Karpovich

Abstract: Russia consistently supports the return of interstate cooperation to the framework of generally recognized principles and norms of international law with the central coordinating role of the United Nations. Russia insists on stopping the "hunting" of American special services for Russian citizens in third countries, returning them to their homeland, who were sentenced to long terms of imprisonment in the United States under far-fetched pretexts. It is necessary to correct the problems artificially created by Washington with cooperation on legal assistance, to normalize the conditions for the functioning of our diplomatic and consular institutions in the United States.


Author(s):  
Vladimir Gusev ◽  
Evgeniy Larin

The article deals with the actual problems of bringing a lawyer in the protection of human rights and freedoms, in the implementation of operational investigative activities and the collection of evidence. The authors note that the formal indictment of a person follows an operative-investigative activity, which restricts his rights and freedoms. At the same time, the Federal Law “On operative-investigative activity” doesn’t contain any reference to the defence counsel (lawyer), not to mention the procedure of his participation in the protection of citizens whose right and freedoms were limited by the bodies conducting operative-investigative activity. Based on the analysis of legal acts, court decisions and scientific sources, the authors conclude that a lawyer’s participation as a defence counsel during public operative investigation measures is possible. They also believe that in order to exclude the cases of unreasonable restriction on right to get a qualified legal assistance of a person who is a subject of public operative investigation measures the Federal Law on OIA should regulate the procedure for engaging the lawyer in operative investigative process as a defence counsel. Such regulation is necessary insofar as the OIA itself is a type of activity that can be carried out publicly (Article 1 of the Federal Law on OIA) with the use of open methods and means (Article 3 of the Federal Law on OIA).


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.


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):  
Chairani Azifah

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.


2021 ◽  
Vol 5 (Supplement_1) ◽  
pp. 905-906
Author(s):  
Nancy Kusmaul ◽  
Ji Hyang Cheon ◽  
Allison Gibson

Abstract Oregon was the first state to legalize medical aid-in-dying (MAID), in 1994. Since then eight states and Washington, DC have legalized MAID through legislation. Despite literature exploring the legal and ethical aspects of MAID, very little research examines MAID policy at the federal level. This study aimed to 1) examine the objectives of MAID legislation introduced to the US Congress, and 2) investigate whether these bills increase or decrease access to MAID. This study used the congress.gov website to search for bills related to MAID introduced by the US Congress between 1994 and 2020. From the 98 bills identified, we excluded bills that were not directly related to MAID or were introduced in subsequent congresses. In total, 23 bills were retained and analyzed. The greatest number of bills aimed to restrict funds for MAID, followed by bills that sought to regulate the drugs used for MAID. Other bills prohibited the development of policies supporting MAID, regulated penalties for practitioners related to the drugs used for MAID, and restricted legal assistance for accessing MAID. These bills intended to block or limit patient access to MAID by restricting drugs, funds, health care services, legal assistance, policy, and research. These findings suggest that the federal approach is incongruous with the growing numbers of states that have legalized MAID. Federal policymakers must develop policies to 1) prevent discrimination against vulnerable groups, 2) support funds to study MAID, and 3) build a system to allows eligible individuals to access MAID equally.


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):  
Miftakhul Ihwan

Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA. 


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