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VOL. 11, ISSUE 1 (2025)
State responsibility in providing free legal aid for the poor in Indonesia
Authors
Sri Endah Wahyuningsih, Helmi, Anis Mashdurohatun, Bambang Tri Bawono
Abstract
The state is responsible for providing legal
aid for the poor as a manifestation of access to recognition, guarantees,
protection, and legal certainty. The purpose of this study is to determine and
find the Provider of Free Legal Aid for the Poor in Indonesia and to find the
Weaknesses in the Implementation of Free Legal Aid for the Poor at this time;
The research method uses the Constructivism Paradigm. Type of Exploratory
Research. Empirical/Sociological approach method. Using primary data and
secondary data. Data collection techniques in the form of field studies,
observations, and interviews as well as literature studies and relevant
document studies, data analysis using Descriptive Qualitative. The results of
the study showed that the provision of free legal aid for the poor has not been
implemented properly, due to several factors, namely weaknesses in the legal
substance, weaknesses in the legal structure and weaknesses in the legal
culture. Weaknesses in the legal substance such as: There is no budget for
legal aid organizations or legal aid institutions that have not been
accredited; Minimal budget for the provision of legal aid (small budget value);
and Unclear categories of the poor. Weaknesses in the legal structure such as:
Lack of government support for legal aid organizations/legal aid institutions
that have not been accredited; There are several difficult requirements in accreditation
for legal aid organizations/legal aid institutions that have not been
accredited such as: Number of litigation cases; Number of non-litigation
activities; Number of Paralegals; Office facilities and infrastructure; and
Internet network. Weaknesses in the legal culture such as: Lack of
understanding of the poor regarding the provision of legal aid; and Lack of
legal awareness. Therefore, it is necessary to conduct a Reconstruction of the
regulation in Article 8 paragraph 2 letter b of Law Number 16 of 2011
concerning Legal Aid, so that accredited and unaccredited Legal Aid Providers
can carry out legal aid services. and Extension of Certification for
Prospective Legal Aid Providers in Accreditation Category C.
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Pages:107-112
How to cite this article:
Sri Endah Wahyuningsih, Helmi, Anis Mashdurohatun, Bambang Tri Bawono "State responsibility in providing free legal aid for the poor in Indonesia". International Journal of Law, Vol 11, Issue 1, 2025, Pages 107-112
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