- Authors: Emmilia Rusdiana
- From: Faculty of law and Social Science. University State of Surabaya
Abstract:
Legal aid is the constitutional right of every citizen. The genesis of the Legal Aid act should be a tangible manifestation of the state’s responsibility for the Legal Aid right as access to justice for all Indonesian people was mandated by the Undang-undang Dasar Negara Republik Indonesia year 1945, The Law Number 39 Year 1999 on Human Rights, Code of Criminal Law (Code of Criminal Procedure), The Universal Declaration of Human Rights, the International Covenant on Civil Rights and Political, which has been ratified by the Law Number 12 Year 2005, there is also full fill for everyone to get legal aid and services of Advocates (a right to have a legal counsel) for the poor. The Report of monitoring results of implementation the legal aid act on 2013 performed by the LBH Bandar Lampung, LBH Bandung and Yogyakarta illustrates clearly that the legal aid system needs improvement in the future to be very important and urgent. The results are propose changes to legal aid act by first perception and expectations of future changes in the legal aid act between the legal aid organizer, recipients and providers. Kemenkumham coordinate with other agencies that district/city governments and ministries villages, lags rural development and transmigration (PDT) in optimizing the village role to realize the Law Number 6 Year 2014 on The Village, one of which set up village funds, part of a study of the spread and equity on the findings that Location spread LBH / LKBH/CBOs unevenly. The extension of the poor meaning, not only because it cannot meet the basic rights properly and independently (absolute poverty), but also meaningful form other poverty that is relative poverty, structural and cultural, which if applied, it can be interpreted as a marginal group of social, political and culture, minorities and vulnerable groups as well as persons with disabilities. The administrative requirements and management structure that is not relevant for some LBH/CBOs because that are difficult to fulfill, so Kemenkumham should do in stages through bureaucratic reform, pending changes to legal aid act. envolvement of civil society are the application of legal aid programs through organizations, trade unions, involving companies in implementing Corporate Legal Responsibility (CLR), involvement of students and lecturers of universities to play an active role in organizing legal aid programs and so forth.
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