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Dheane Fortuna
Fakultas Hukum, Universitas Lancang Kuning

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Rekontruksi Regulasi Kedudukan Paralegal dalam Pemberian Bantuan Hukum di Indonesia Robert Libra; Novvryani; Dheane Fortuna
Vonis Vol. 2 No. 1 (2026)
Publisher : CV. Akira Java Bulu

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Abstract

Disparities in access to justice across Indonesia place paralegals as essential frontliners in delivering pro bono legal aid to impoverished and marginalized communities. However, legal standing of paralegals has experienced severe normative restrictions following Supreme Court Decision Number 22 P/HUM/2018, which revoked their litigation authority due to conflicts with the Advocates Law. This study aims to analyze the contemporary regulatory dilemmas surrounding paralegals and formulate  comprehensive legal reconstruction concept grounded in substantive justice and legal certainty. Employing normative legal research, this study applies statutory, conceptual, and comparative approaches using descriptive-prescriptive analysis based on extensive library data. The findings reveal that the current framework under Law Number 16 of 2011 and Ministerial Regulation Number 3 of 2021 exhibits fundamental normative frailties. These deficiencies include the absence of statutory immunity rights, ambiguous boundaries of authority in case handling, fragmented training curricula, and the inadequate hierarchical binding force of ministerial regulations over other law enforcement agencies. Consequently, regulatory reconstruction is imperative through legislative reforms anchored in Dignified Justice and Social Engineering legal theories. This reconstruction entails establishing a graduated limited right of audience for minor offenses and preliminary examinations, standardizing national competencies through the Indonesian National Qualifications Framework.