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All Journal At-Tanwir Law Review
Ibrahim Ahmad
Fakultas Hukum, Universitas Gorontalo Jl. Jendral Sudirman No.24, Kec. Limboto, Kab. Gorontalo
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTASI PEMBERIAN BANTUAN HUKUM KEPADA MASYARAKAT MISKIN OLEH ORGANISASI BANTUAN HUKUM DI PROVINSI GORONTALO Ira Pakaya; Ibrahim Ahmad; Robby Waluyo Amu
At-Tanwir Law Review Vol 5, No 2 (2025): Agustus 2025
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v5i2.4203

Abstract

This study aims to examine and analyze the role of Legal Aid Organizations (OBH) in providing legal aid services to the poor in Gorontalo Province, as well as identifying the obstacles faced in its implementation. The background of this study is based on the principle of a state of law that guarantees the right to protection and access to justice for every citizen without discrimination, as regulated in Law Number 16 of 2011 concerning Legal Aid. This study uses an empirical legal method, with data collection techniques through observation, interviews, and documentation of OBHs active in the Gorontalo Province. The results of the study show that the role of OBHs is very significant in providing litigation and non-litigation legal assistance, as well as legal counseling to the poor. During the period 2022 to 2024, the number of cases handled and the budget absorbed showed a high increase and effectiveness, with a budget absorption rate of above 99%. However, there are several obstacles that hinder the effectiveness of services, such as budget limitations, lack of professional human resources, low legal literacy of the community, geographical constraints, administrative bureaucracy, and minimal support from local governments. Therefore, synergy is needed between the government, OBHs, and the community in strengthening an inclusive and equitable legal aid system.
EFEKTIVITAS KEPUTUSAN MENTERI HUKUM DAN HAM TENTANG BESARAN BIAYA BANTUAN HUKUM LITIGASI DAN NON LITIGASI BAGI MASYARAKAT MISKIN Indra Lesmana Poetra Salimuddin; Ibrahim Ahmad; Arifin Tumuhulawa
At-Tanwir Law Review Vol 5, No 2 (2025): Agustus 2025
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v5i2.4204

Abstract

This research aims to analyze the effectiveness of the implementation of the Decree of the Minister of Law and Human Rights M.HH-01.HN.03.03 of 2021 concerning the amount of legal aid fees for litigation and non-litigation for impoverished communities. Employing a socio-legal (yuridis empiris) approach, this study examines the prevailing legal provisions while also investigating actual legal events in society, with field research conducted in Gorontalo Province. The objective is to determine the extent to which this policy is effective in providing legal assistance to impoverished communities. The research findings indicate that although the Ministerial Decree has provided a crucial legal basis for the provision of legal aid, its implementation has not yet reached an optimal level from a technical execution perspective. Various obstacles were encountered in the field, including a mismatch between the stipulated fee amounts and the actual operational needs of legal aid provider organizations. This potentially hinders the quality and scope of services that can be provided to impoverished communities. To enhance the effectiveness of this policy, this research proposes several optimization strategies. These strategies include the necessity of periodically revising the amount of legal aid fees, taking into account factors such as inflation rates and the complexity of the cases handled. Furthermore, strengthening the capacity of legal aid institutions is essential, which can be achieved through continuous training for advocates and paralegals, the utilization of information technology to improve administrative and reporting efficiency, and the strengthening of collaborative networks among related institutions. A comparative study with other regions, such as DKI Jakarta, suggests that the adoption of administrative innovations and the utilization of digital technology have significant potential in increasing the efficiency and expanding the reach of legal aid services. Therefore, this research recommends several concrete steps: (1) Conducting periodic revisions of the legal aid fee amounts, considering economic conditions and the characteristics of the cases. (2) Encouraging local governments to allocate supporting budgets in the Regional Revenue and Expenditure Budget (APBD) to support the sustainability of legal aid programs at the local level. (3) Enhancing the institutional capacity of Legal Aid Organizations (OBH) through continuous training programs, the utilization of technology in operations, and the strengthening of collaboration with various relevant parties. With the comprehensive implementation of these optimization strategies, it is expected that legal aid programs can reach impoverished communities more effectively and contribute to the realization of the principle of social justice in Indonesia.
Co-Authors Arifin Tumuhulawa Indra Lesmana Poetra Salimuddin Ira Pakaya Robby Waluyo Amu