Indonesian Court and Justice Review
Vol. 1 No. 3 (2024): August, 2024

Access to Legal Aid and Its Impact on Fair Trials in District Courts

Bao Chau (Vietnam National University Ho Chi Minh)
Benjamin Clarke (University of Warwick)
Bambang Sugiharto (Universitas Brawijaya)



Article Info

Publish Date
31 Jul 2024

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.

Copyrights © 2024






Journal Info

Abbrev

court

Publisher

Subject

Description

Indonesian Court and Justice Review (e-ISSN: 3164-502X) is published by COLLEGIUM JUSTICIA INDONESIA, first published in 2024, and issued quarterly in February, May, August, and November in online format (electronic format). It is a peer-reviewed academic journal dedicated to advancing rigorous ...