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All Journal Indonesian Court and Justice Review
Bao Chau
Vietnam National University Ho Chi Minh

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Access to Legal Aid and Its Impact on Fair Trials in District Courts Bao Chau; Benjamin Clarke; Bambang Sugiharto
Indonesian Court and Justice Review Vol. 1 No. 3 (2024): August, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/q1ydm528

Abstract

Access to legal aid is a cornerstone of the right to a fair trial, yet its availability and quality in Indonesia’s district courts remain inconsistent. This study examines how access to legal aid affects the fairness of criminal proceedings, particularly for indigent defendants. Using field data from several district courts, combined with interviews and case file reviews, the research evaluates whether legal aid provision ensures meaningful representation and protects procedural rights. The findings indicate that while legal aid institutions play a crucial role, systemic limitations—such as underfunding, lack of qualified personnel, and late-stage intervention—undermine their effectiveness. Furthermore, judicial attitudes and procedural constraints often limit the substantive impact of legal aid. The study contributes to ongoing debates on justice sector reform by highlighting the urgent need to strengthen legal aid systems at the grassroots level. It also underscores the broader implications of legal aid for legal empowerment, access to justice, and human rights protection in Indonesia’s legal landscape.
Co-Authors Bambang Sugiharto Benjamin Clarke