LEGAL AID SCHEME IN INDONESIA: BETWEEN THE POLICY AND THE IMPLEMENTATION
Abstract: In the legal policy
level, the government of Indonesia has already had the policies to assist the
justice seekers who are financially weak to have an access to justice through
court. There are two research problems in this matter. First, does the policy
on the legal assistance as stipulated in Law Number 16 of 2011 work optimally
for the justice seekers who are financially weak? Second, how is the
implementation of the policy on the legal assistance in the practices? The
normative research was conducted to answer those two questions, through
document data such as Law No.48 of 2009 on The Principles of Justice Power, Law
No. 8 of 2003 on Advocate, and Law No. 16 of 2011 on Legal Assistance, and the
implementation of those regulations in the practices in several places. The
conclusion obtained from the research is: First, it is not yet optimum since
the policy especially in terms of budget allocation of the legal assistance is
still low. The professional lawyers tend to avoid their obligation to free give
legal assistance to the poor. Second, in practice, the legal assistance is not
yet enjoyed by the poor justice seekers. The economic and good will are the
influencing factors.
Penulis: Elisabeth Sundari
Kode Jurnal: jphukumdd131160
