Vol. 6, Issue 5 (2020)
Reconstruction of legal aid policy for community in Indonesia based on justice value
Author(s): Moh Syamsul Haris, Gunarto, Jawade Hafidz
Abstract: Provision of legal aid for the community that has been running in Indonesia is still not effective in realizing justice based on Pancasila values. This Happen because they have not touched all elements of society who are vulnerable and lack of legal knowledge. Therefore, in order to produce a policy of legal aid to the community based on the value of justice, a reconstruction is needed and this is what urge the author to study it further in a research where the main problem discussed are what problems arise in the implementation of the legal aid policy to the public based on Law Number 16 of 2011 concerning Legal Aid in Indonesia and how to reconstruct an ideal legal aid policy to the people in Indonesia based on the justice value. The study was conducted in the perspective of the Constructivism paradigm with the type of socio-legal research and qualitative approach methods. Data used in this research are from interviews and questionnaires supported by literature, legislation and various public documents, while the data analysis was carried out by the method of qualitative critical analysis. The results showed that the problems of legal aid policy to the community include access to justice in legal aid policies which are still not optimal because they are still shackled with administrative requirements related to the meaning of poverty in the administration of legal aid and the problem of centralization of authority by the government which results in imbalance of authority between the center and the government. Regions in providing legal aid. The reconstruction of legal aid policies for the poor that is based on the value of justice is to optimize access to justice in legal aid policies for the community by redefining the requirements for legal aid recipients that were originally only for the poor to become people with minimal legal knowledge and a balance of authority between the central and regional governments in providing legal aid to the public by making changes to Article 1 Paragraph (1) and Paragraph (2) of Law Number 16 Year 2011.