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The Role of Legal Aid Institutions in Supporting Access to Justice for Underprivileged Communities Flora, Henny Saida; Hasnia, Hasnia; Lubis, Arief Fahmi; Sarjono, Anastasia; Puwa, Suryani Intan Pratiwi
Abdimas Indonesian Journal Vol. 4 No. 2 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/aij.v4i2.398

Abstract

One of the factors that should be considered in the legal protection of the poor is the equal position of citizens before the law. In a just society, there should be no gap between the people and those who have money and positions that afford them the same status as citizens in accordance with the legal system. It is imperative that legal aid be made available to impoverished individuals and communities in a criminal justice system that has yet to achieve comprehensive integration. The objective of this research is to ascertain the role of consultation and legal aid institutions in providing legal assistance and community empowerment for economically disadvantaged individuals. This research employs an empirical juridical approach to examine the activities of the Consultation and Legal Aid in fulfilling its role. The findings indicate that the Institute for Consultation and Legal Aid is obliged to provide assistance to legal aid providers free of charge. However, information regarding the provision of free or low-cost legal aid has not been widely disseminated, resulting in a significant number of defendants or suspects who are dealing with the law and do not receive assistance from legal aid providers. This lack of access to legal aid services leaves individuals without the means to effectively navigate accusations, suspicions, or charges from the state, thereby exacerbating their vulnerability.
MODEL HARMONISASI HUKUM PIDANA DAN PERDATA UNTUK PENYELESAIAN KASUS KEKERASAN HASNIA, HASNIA; MUNAWWARAH, SITTI; SARJONO, ANASTASIA; UMAR, NURIFANA
GANEC SWARA Vol 18, No 4 (2024): Desember 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i4.1266

Abstract

Violent crimes often involve two legal aspects, namely criminal and civil, which require harmonization to ensure substantive justice for victims and perpetrators. The main problem faced is the separation of criminal and civil legal processes, which often hinders the holistic restoration of victims' rights. This study aims to analyze the harmonization mechanism of criminal and civil laws applied in various countries, including the United Arab Emirates, Canada, Germany, and Indonesia, and to develop a legal harmonization model that is appropriate to the Indonesian context by considering local values and international standards. The research method used is normative with a statutory regulatory approach, conceptualization, comparison, and history, which focuses on the analysis of relevant legal regulations and legal theories. The results of the study indicate that legal harmonization can be achieved through integrated application, restorative justice mechanisms, and recognition of customary legal practices that do not conflict with human rights. A model that calls for the importance of national legal reform, integration of local values, and application of international standards to create a more responsive legal system. The main recommendations are strengthening legal infrastructure, training law enforcement officers, and implementing best practices from other countries.
URGENSI REFORMASI PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA: ANTARA REHABILITASI DAN PENJARA Sarjono, Anastasia
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.v5i2.4373

Abstract

This study aims to analyze the urgency of criminal reform against perpetrators of narcotics crimes, especially users, with a focus on the Gorontalo Province area. In practice, the criminal justice system in this area still tends to impose prison sentences on narcotics users, although Law Number 35 of 2009 on Narcotics opens up space for a rehabilitation approach. This study uses an empirical juridical method with a qualitative approach, involving interviews with law enforcement officials, rehabilitation officers, and observations at correctional institutions and BNNP Gorontalo. The results of the study show that the implementation of rehabilitation is still limited due to weak coordination between agencies, limited resources, and the non-optimal implementation of integrated assessments. As a result, many users are overcriminalized and lose the opportunity to recover socially and medically. This study emphasizes the need for criminal policy reform through a more humanistic, public health-based, and rehabilitative-oriented approach, not just punishment