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Loury Da Costa
Universitas 17 Agustus 1945 Semarang
Law, Crime, Criminology & Criminal Justice

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LEGAL AID AND LEGAL SERVICES FROM THE PERSPECTIVE OF THE FIFTH PRINCIPLE OF PANCASILA Loury Da Costa; Johan Erwin Isharyanto; Sumartini Dewi
Journal Philosophy of Law Vol 7, No 1 (2026): Philosophy of Law
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v7i1.7387

Abstract

Abstract Legal aid and legal services constitute an integral part of the rule-of-law principle that guarantees equality before the law and access to justice for all citizens. In practice, social and economic disparity frequently causes the poor and vulnerable group to face serious obstacle in obtaining justice. This article examines the implementation of legal aid and legal services under Indonesian legislation and relates that implementation to the value of social justice embodied in the Fifth Principle of Pancasila. Employing a normative juridical method with a statutory approach, the study finds that the regulation of legal aid under Law No. 18 of 2003 on Advocates and Law No. 16 of 2011 on Legal Aid fundamentally reflects the value of social justice, both through the advocate's obligation to provide pro bono legal assistance and through the state's responsibility for institutionalised legal-aid provision. In implementation, however, regulatory disharmony, budgetary limitation, and structural and cultural obstacle continue to impede legal aid's effectiveness, a pattern this article situates within a broader, empirically documented tension between formal legal entitlement and substantive access observable across comparable jurisdiction internationally, before developing a more precise account of the specific institutional reform capable of closing that gap in the Indonesian context.
Co-Authors Johan Erwin Isharyanto Sumartini Dewi