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The Indonesian Journal of International Clinical Legal Education
ISSN : -     EISSN : 27218368     DOI : -
Core Subject : Social,
The journal also supported and supervised by Law Clinics at Faculty of Law Universitas Negeri Semarang, such as Anti-Corruption Law Clinic, Women and Gender Law Clinic, Human Rights Clinic, Employment Law Clinic, Land Law Clinic, Statutory Law Clinic, Environmental Law Clinic, and some Research Centers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
Search results for , issue "Vol. 3 No. 4 (2021): December" : 11 Documents clear
The Role of Legal Aid Institutions in Providing Legal Aid for Suspects and Defendants Syalis Mei Setiani
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36526

Abstract

Indonesia is a state of law, one of which is equality before the law. One of the forms is the existence of legal aid institutions to protect human rights. In this case, it is the suspect/defendant whose rights are often violated due to the arbitrariness of the legal apparatus from arrest to trial. Even though legal rules and codes of ethics have been regulated, every law enforcement officer cannot guarantee that the rights of the community, especially suspects and defendants, are fulfilled. So that this legal aid institution takes the role so that people's rights, both legal protection, legal assistance, good treatment can be accepted by suspects or defendants, so that arbitrariness does not occur. For this reason, legal aid institutions recruit advocates, paralegals, lecturers, and law students to participate in implementing legal aid. Legal aid is given to the poor but does not rule out the possibility of giving it to children, persons with disabilities, women, the elderly, Indonesian workers, or other vulnerable people or groups in accordance with their regional context and regulated in laws and regulations. The suspect himself must be given to the suspect who is threatened with imprisonment of more than 5 years and is incapacitated or is threatened with a sentence of 15 years or death. Otherwise, the claim is considered invalid.
Implementation of Legal Aid to Debtors Due to Arrears in Motor Vehicle Installments Executed by Debt Collectors as Impact of the Covid-19 Pandemic Widya Kurnia Sulistyowati
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36527

Abstract

Based on Law No. 16 of 2011 on Legal Aid, Article 1 paragraph (1) states that Legal Aid is a legal service provided by legal aid providers free of charge to Legal Aid Recipients. Legal aid is a guarantee of legal protection and a guarantee of equality before the law, which is a constitutional right for every citizen. Because, the constitution guarantees the right of every citizen to get equal treatment before the law, including the right to access justice through legal aid. Due to the Covid-19 pandemic, many people are asking for legal assistance related to the case of installment billing by debt collectors. The debt collector itself is a third party, which has an agreement with the financing institution to make efforts to force the collection of debtor vehicles because it has not paid installments as agreed. The result of this paper is that under these circumstances there is another legal remedy, namely restructuring.
Transcendental Approach in Legal Aid Concept in Indonesia: A Philosophy of Law Perspective Muhamad Akhsanul Fadli
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36528

Abstract

Legal aid in Indonesia, especially in terms of access to justice, legal aid provided by the state to the people still relies on positive law. The law governing legal aid in Indonesia still revolves around the number of cases and the budget absorption target given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with the parameters written in the law prevent those who need legal assistance if they are not categorized as poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from fair. Access to legal aid is very important because the goal of law is justice. In addition, legal aid aims to provide justice for those who do not have legal knowledge, in other words, are blind to the law. Justice for all is the pulse of legal aid that cannot be separated from the right to legal aid for those in need. Legal aid can be managed by the community, legal aid institutions/institutions that should provide access to those who need legal assistance and those in dispute, both poor and rich, so that justice for all is achieved. This study discusses the transcendental dimensions of legal aid. This study uses a descriptive research method that aims to analyze legal aid from aid agencies seen from the study of legal philosophy and legal aid with a transcendental dimension.
Juridical Analysis of Legal Aid Implementation for Underprivileged Communities: Problems and Challenges Alycia Sandra Dinar Andhini
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36529

Abstract

Legal Aid is organized to help resolve legal issues faced by Legal Aid Recipients. The birth of Law No. 16 of 2011 concerning Legal Aid provides new hope for the poor to gain access to justice and equality before the law. This writing aims to determine the implementation of the provision of legal aid and the obstacles that influence it in its implementation because sometimes the implementation of Law Number 16 of 2011 concerning Legal Aid in Indonesian Courts is not optimal. This research focuses on the application of legal aid to the poor, the challenges and problems they face. The method used in this research is empirical research. This study found that in the application of legal aid in several regions in Indonesia, the main problem faced in addition to the lack of availability of accredited legal aid institutions, was also the issue of the budget provided by the state. In addition, in terms of the legal culture of the community, the implementation of legal aid is not optimal due to the understanding of the community not to have anything to do with the law so that many cases that should receive legal assistance cannot be accompanied.
Implementation of Legal Aid by the Local Government (Case Study of the Local Government of Jember Regency) Tiara Putri Syahara
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36530

Abstract

Basically, the right to obtain defense from an advocate or public defender (access to legal counsel) is a human right of all people and is one of the elements to obtain justice for everyone. However, in reality, local governments generally only provide legal assistance on a non-litigation basis where its implementation does not burden the regional budget at all. Based on this, the researchers made two problem formulations, namely 1). How to protect the community through the provision of legal aid and 2). How is the implementation of the provision of legal aid by the local government? The author uses a normative juridical research approach. From the results of the study, it was found that the provision of legal aid is not only regulated in the Constitution but is also regulated in the regulations below it up to the Regional Regulation level. Local governments can allocate funds for the implementation of legal aid in the APBD.
Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight Khoirum Lutfiyah
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36531

Abstract

Legal aid is something that is given by the state to people who are unable to get justice and their basic rights before the law. The state has an obligation to protect every citizen, especially legal protection for the poor or the poor. To ensure this protection, the government forms a law which can help the underprivileged or poor in dealing with the legal problems they experience. With the existence of the Law on Advocacy, the Law on Legal Aid, as well as the existence of this Legal Aid Institute, it is hoped that it will be able to reduce the burden on what people experience before the law, especially related to the costs of legal aid.
Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor Chairani Azifah
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36532

Abstract

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.
The Poor and Justice: Implementation of Legal Aid for the Poor in Indonesia (Problems and Solutions) Judith Prima Hapsari
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36533

Abstract

One manifestation of justice or equality before the law is the existence of legal assistance for every citizen involved in legal problems, without exception the poor. The legal problems that ensnare many poor people or groups are currently increasing complex. Legal aid is a human right of all people, which is not given by the state and is not a mercy from the state, but is also the responsibility of the state in realizing equality before the law, access to justice, and fair trial. Therefore, the government made and ratified a regulation that regulates legal aid, namely Law Number 16 of 2011 concerning Legal Aid. This research is intended to analyze the implementation of legal aid for the poor communities in the context of access to justice in Indonesia.
Providing Legal Assistance to the Rights of the Defendant in the Case of Murder in Self-Defense Miftakhul Ihwan
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36534

Abstract

Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA.
Go-Access to Justice System: Optimizing Prodeo Legal Aid as a Strategic Effort to Create Legal Aid Institutions with Integrity and Dignity Ananda Luhung Cahya Utama
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36535

Abstract

Indonesia is a legal state so that it has logical consequences to provide recognition, guarantee, protection, and legal certainty for every citizen. In accordance with the mandate of Article 28D Paragraph (1) of the Constitution of the Republic of Indonesia, the state is obliged to provide legal protection facilities and legal assistance to citizens who cannot afford it. So that in Article 22 of Law No. 18 of 2003 concerning Advocates, it is mandated to Legal Aid Institutions to provide free legal aid to underprivileged communities which are part of social contribution and social liability. Advocates as officium nobile have an important meaning in the implementation of free legal aid, but in practice in the field, there are still some problems related to the implementation of free legal aid, both from external and internal factors. These problems are in the form of the uneven distribution of prodeo legal aid institutions in Indonesia and the weak monitoring and evaluation of prodeo advocates as well as the absence of performance appraisals and giving rewards to prodeo advocates who excel so that currently the provision of prodeo legal aid is less perceived by the poor. Therefore, the author provides a comprehensive solution through the GO-Access To Justice System as a strategic effort in realizing legal aid institutions with integrity and dignity.

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