Legal Aid: Definition, History, Scope, Rights and Obligations

Definition of Legal Aid – In the realm of law, a term is known to help someone who is exposed to legal problems free of charge without a penny as legal aid. Legal aid is given to anyone who has the right to receive legal aid with the aim of guaranteeing and fulfilling the rights of underprivileged people to get access and fair legal services without discrimination.

In addition, legal aid is also provided to recipients of legal aid to realize every citizen’s constitutional rights to obtain equality before the law. The provision of legal assistance is also carried out so that the implementation of the law can be accepted evenly and ensures that all citizens have the right to implement legal justice throughout the territory of the Unitary Republic of Indonesia in an effective, efficient and accountable manner.

For this reason, for the sake of realizing legal justice in Indonesia, there is a legal aid institution to realize all expectations of a fair law for all citizens and for friends of Sinaumed’s it is also important to know the presence of a legal aid agency if it is needed and requires legal assistance.

In this discussion, we have also summarized various information related to the notion of legal aid that Sinaumed’s friends can use as additional insight in understanding the implementation of legal aid in Indonesia.

You can see further discussion regarding the meaning of legal aid below!

Definition of Legal Aid

Legal aid is a guarantee of legal protection and equality before the law which is the constitutional right of every citizen. Because the constitution guarantees that every citizen has the right to equal treatment before the law, including the right to legal aid. Especially for people who have difficulty getting legal assistance, especially the poor.

Based on Law no. 16 of 2011 Legal Aid Article 1(1) states that legal aid is free legal services provided by legal aid providers to legal aid recipients. Recipients of legal aid are individuals or groups of poor people who are unable to exercise their basic rights adequately and independently and face legal problems. Meanwhile, in SEMA Publication No. 10/2010, Article 27 of the Legal Aid Guideline stipulates that people who cannot afford the services of lawyers are entitled to legal aid services, especially women and children and people with disabilities to receive legal aid in accordance with applicable regulations.

Legal aid is legal services provided free of charge by legal aid providers to legal aid recipients. Legal aid is organized with the aim of guaranteeing and realizing the rights of poor communities or groups of people to legal protection, so that the constitutional rights of every citizen are realized in accordance with the principle of equality before the law. The provision of legal aid is also intended to guarantee certainty in the implementation of legal aid evenly throughout the territory of the Unitary State of the Republic of Indonesia. and the implementation of an effective, efficient and accountable judiciary.

History of Legal Aid

If legal aid is defined as charity, legal aid has existed in Indonesia since the 16th century with the arrival of the Portuguese, Spanish, British and Dutch. The practice of legal aid can be seen from the practice of mutual cooperation in social life, where people who are faced with several problems ask for help from ordinary leaders to solve some of the problems. If law is interpreted broadly, customary assistance is also legal assistance.

The history of legal aid shows that legal aid originally emerged from the generosity of the ecclesiastical elite to their followers. This generous relationship is also established between traditional leaders and local residents. Patron-client relationship model.

History slowly developed the concept of legal aid. The basis of “generosity” began to be changed to “rights”. Any disenfranchised customer can get legal assistance. There is also a growing emphasis on the concept of legal aid. Legal aid is increasingly linked to political, economic and social rights. In the last century, legal aid began to be associated with social and political welfare. Legal aid has developed into a social movement.

In daily practice, legal aid has also begun to spread its wings, not only in capitalist countries but also in socialist countries. Third world countries have also started to develop this legal aid. Conceptually, there is also a change from legal aid which was originally individual to legal aid of a structural nature (Lubis, 1986: 5-6).

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In Roman times, Patronus legal assistance was only motivated by the motivation to gain influence in society. In the Middle Ages, the issue of legal aid received a new impetus from the influence of Christianity, namely the desire of the people to fight over alms in the form of relief for the poor and at the same time civic values. The people’s appreciation of nobility and decency grew. From the French and American revolutions to today. The motive for providing legal aid is not only humanity for those who can’t afford it, but also political rights or civil liberties that originate from modern constitutions.

  • History of Legal Aid in Indonesia

In Indonesian positive law, legal aid is regulated in Article 250 HIR. This article clearly regulates legal assistance for defendants in certain cases, namely cases that are punishable by death and/or life imprisonment, although in practice this article favors the Netherlands rather than Indonesia. And the appointed legal experts are obliged to provide legal assistance free of charge.

Although limited, HIR can be interpreted as the beginning of the institutionalization of legal aid in Indonesian positive law. Prior to the procedural law, HIR regulations were still valid. In 1970, Law Number 14 of 1970 concerning Principles of Judicial Power was passed, Articles 35, 36 and 37 of which regulate legal aid.

The Professor of Institutions founded the Rechts Hoge School in Jakarta in 1940 in the form of the Legal Aid Bureau or Legal Advisory Bureau. Zeylemaker. This office was established to provide legal advice to underprivileged communities and also to improve the operation of the Legal Clinic.

In 1953, a kind of Office of Legal Counsel Sim Ming Hui or Tjandra naya was established at the Chinese school. This office was founded by Professor Ting Swan Tiong. Around 1962 Prof. Ting Swan Tiong proposed to the Faculty of Law, University of Indonesia that the Faculty of Law establish a Legal Advisory Office. This proposal was welcomed and a legal adviser’s office was established at the University of Indonesia. In 1968 the name was changed to the Consulting Institute and in 1974 to the Legal Consultation and Aid Institute.

In other fields, Prof. Mochtar Kusumaatmadja spoke about the history of legal aid in Indonesia being inseparable from the role of two important figures, namely S. Tasrif, HH and Adnan Buyung Nasution, HH. poverty is part of the ideals of a rule of law state. To implement his idea, S. Tasrif asked the head of the court in Jakarta for a room that could later be used by lawyers for legal assistance. Adnan Buyung Nasution, HH In the 1969 Peradin III Congress, the idea of ​​the need to establish a Legal Aid Institute was put forward, which at the Congress finally approved the establishment of a Legal Aid Institute in Indonesia.

This was followed by the establishment of LBH Jakarta, which was followed by the establishment of other LBHs throughout Indonesia. Not to mention, political organizations, trade unions and universities also participated in the formation of LBHs such as LBH Trisula, LBH MKGR, LBH Kosgoro etc. While LBHs existed throughout Indonesia, the Indonesian Legal Aid Foundation (YLBHI) was established with the aim of administering LBHs and functioning as its umbrella organization. YLBHI makes program guidelines that are carried out jointly in one coordination so that legal aid activities can develop nationally and even more concentrated in one coordination.

  • History Legal aid after the Second World War

The Second World War caused important social changes in different societies, regardless of whether they were involved in the war or not. The war also led to the development of pre-war ideas.

There have been changes in the field of law, especially legal aid. As a result, new policies emerged. When the state has an obligation to seek equal rights to legal and extrajudicial assistance. This policy was first implemented in England after the Second World War.

Problems encountered during the war led to the consideration of new regulations to solve social problems faced by both civilians and the military.

The military requested the creation of a Disputes Department, which became part of the Law Society. Where Lawyers Fund Divorce Proceedings. Sociologically, legal aid became a social problem after World War II when certain symptoms began to appear in society. These symptoms include:

  • When a new social group or class emerges in society that requires legal protection for its position.
  • When new laws are made, rights and obligations and agendas are created.
  • If social change is fast and widespread, the effect or consequence.

Scope of Legal Aid

Legal aid is given to recipients of legal aid for legal issues, both civil, criminal and state administration, both inside and outside the court. Provision of legal aid includes the use of lawyers, billing, representation, defense and/or the implementation of other legal actions that are in accordance with the legal interests of the legal aid recipient.

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Right to Legal Aid

Based on Law no. 16 of 2011 Legal Aid Article 1(1) states that legal aid is free legal services provided by legal aid providers to legal aid recipients. Recipients of legal aid are individuals or groups of poor people who are unable to exercise their basic rights adequately and independently and face legal problems. Meanwhile, in SEMA Publication No. 10/2010, Article 27 of the Legal Aid Directive stipulates that people who cannot afford to pay for the services of a lawyer are entitled to legal aid services, especially women and children as well as persons with disabilities. applicable laws and regulations.

Legal aid includes the use of power of attorney, collection, representation, defense and/or other legal actions that are in accordance with the legal interests of the legal aid recipient, the objectives of which are:

  • Guarantee and fulfill the rights of legal aid recipients to justice.
  • We exercise the constitutional rights of all citizens based on the principle of equality before the law.
  • It is ensured that the implementation of legal aid is carried out evenly throughout the territory of the country of Indonesia.
  • Building an effective, efficient and accountable judiciary.

Article 25 SEMA No. 10 of 2010 states that legal aid services that can be provided by Legal Aid Institutions are information, advice and counseling as well as the provision of free attorney assistants to defend the interests of Legal Aid Institutions. the suspect/defendant if the defendant is unable to afford his own legal counsel.

Rights and Obligations of Legal Aid Providers

Legal aid providers are entitled to:

  • Recruitment of lawyers, assistants, lecturers and law faculty students;
  • Providing legal assistance;
  • Organizing legal advice, legal advice and other program activities related to the provision of legal aid;
  • namely obtaining a budget from the State for administering legal aid according to this Law;
  • Make statements or statements in court in accordance with statutory regulations to defend a matter that is his responsibility;
  • To obtain information and other information from the government or other authorities for the defense of cases; And
  • You are guaranteed legal protection, safety and protection when you provide legal assistance.

In addition to rights, legal aid providers have obligations in the form of:

  • Report to the Minister about the Legal Aid Scheme;
  • Report every state budget used for legal aid provided under this Law;
  • Organizing legal aid training for advocates, advocates, lecturers,
  • Law Faculty students who have worked according to Article 9 letter a
  • Maintain the confidentiality of information, data and/or information obtained from legal aid recipients in relation to the case being examined, unless otherwise stipulated by law; And
  • Providing legal aid to recipients of legal aid according to the terms and procedures specified in this law until the case is finished, unless there is a strong reason for that.

Legal aid providers cannot be prosecuted, both civilly and criminally, for providing legal assistance which is their responsibility in good faith, both inside and outside the courtroom, in accordance with Legal Aid Standards based on laws and regulations and/or the Advocate Code of Ethics.

Recipients of legal aid

Recipients of legal aid are individuals or groups of the poor. Recipients of legal aid are any person or group of poor people who are unable to adequately and independently fulfill their basic rights, namely the right to food, clothing, health care, education, employment and business and/or housing.

Rights and obligations of recipients of legal aid

Recipients of legal aid are entitled to:

  • Receiving legal assistance until the legal issue is resolved and/or the case is definitive, provided that the person receiving the legal aid does not cancel the power of attorney;
  • Obtain legal assistance in accordance with Legal Aid Standards and/or Code of Conduct;
  • Obtain information and documents related to the provision of legal aid in accordance with statutory regulations.

Recipients of legal aid also have obligations in the form of:

  • Providing accurate evidence, information and/or cases to legal aid providers;
  • Helping smooth the provision of legal aid.

Conclusion

This is a brief discussion of the definition of legal aid. The discussion this time does not only discuss the definition of legal aid, but also discusses further the history, scope, rights and obligations of the givers and recipients of legal aid which Sinaumed’s can see carefully.

Understanding the meaning of legal aid gives us additional knowledge about various legal processes that we can know and know that there are legal aid institutions that aim to realize equal rights in legal justice that is carried out in Indonesia.

This is a review of the meaning of legal aid. For Sinaumed’s who want to learn everything about the meaning of legal aid. And other law-related knowledge, you can visit sinaumedia.com to get related books.

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Author: Pandu Akram