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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Soedirman Law Review
Safitri, Fadia Rahma
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice Tri Utami, Nurani Ajeng; Oktobrian, Dwiki; Dwi Cahyani, Enny; Turnip, Gebi Emada; Safitri, Fadia Rahma
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no2.3249

Abstract

The implementation of legal aid service standards, as outlined in Regulation No. 4 of 2021 by the Minister of Law and Human Rights of Indonesia, was expected to enhance the quality of legal aid services. However, in reality, suspects continue to experience inconsistent access to their rights, especially within the criminal justice system. This study aims to investigate the application of these standards across the police, prosecutor's office, and court sectors. Employing an empirical juridical approach with a qualitative and comparative study method, data was gathered through interviews and literature review, then analyzed using content and comparative analysis techniques. The findings reveal that the enforcement of legal aid service standards in the criminal justice system has been ineffective, marked by frequent violations of suspects' rights. These violations include providing indirect assistance, inadequate representation at various stages of trials, appointing advocates not affiliated with accredited LBH (Legal Aid Institute), and advocates displaying insufficient responsiveness and engagement in assisting suspects. Such violations significantly hinder suspects' access to justice within the criminal justice system.
Default on Capital’s Returnment Contract for Parking Business Cooperation in the Perspective of Contract Law (A Case Study of Court Decision Number 2/Pdt.G/2023/Pn Bbs) Safitri, Fadia Rahma
Soedirman Law Review Vol 7, No 1 (2025)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.slr.2025.7.1.16085

Abstract

An agreement creates binding commitments for the parties to fulfill its terms, and failure to do so is considered a default. In business agreements, default can occur if obligations are unmet, making a business capital return agreement essential for legal certainty. This study examines the provisions and legal consequences of default in a business capital return agreement as seen in Decision Number 2/Pdt.G/2023/PN Bbs. Using a juridical-normative approach with descriptive analytical methods, the research relies on secondary data, including primary, secondary, and tertiary legal materials analyzed qualitatively. The study reveals that default provisions are linked to three key elements: the existence of a binding agreement, the debtor’s failure to perform, and the presence of fault. In Decision Number 2/Pdt.G/2023/PN Bbs, all these elements were met. The binding aspect was established as the defendant was obligated to return Rp 60,000,000.00 in business capital to the plaintiff by September 22, 2018, as per the agreed verval term. The debtor failed to fulfill this obligation, demonstrating non-performance and delay. Fault was confirmed under Article 1238 of the Civil Code, as the defendant did not return the capital by the specified date, thus being considered negligent. The legal consequences of the default included compensation of Rp 60,000,000.00 and court costs of Rp 1,180,000.00 imposed on the defendant. This case underscores the importance of fulfilling contractual obligations to avoid legal repercussions and reinforces the role of capital return agreements in maintaining business certainty.Keywords: Business Cooperation; Capital Returnment; Default.
Co-Authors Dwiki Oktobrian Enny Dwi Cahyani Turnip, Gebi Emada Utami, Nurani Ajeng Tri