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The Indonesian Journal of International Clinical Legal Education
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27218368     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 173 Documents
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Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia Ari Wibowo; Michael Hagana Bangun
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 2 (2021): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i2.36491

Abstract

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.
Juvenile, Prisons, and Justice: How Do Correctional Agencies Provide Legal Assistance for Children in Conflict with The Law? Syaiful Anwar; Mardella Galih
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 2 (2021): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i2.36492

Abstract

The Juvenile Justice System in Indonesia has a special feature where a child facing the law in criminal justice must receive special protection by law enforcers. One of them is the Correctional Center which has an important role in providing input from the police, prosecutors and courts as a form of realization of the protection of children's rights. Children who are included in the group whose rules are in the national and international human rights instruments must receive special protection by providing legal assistance and the state must be responsible for the fulfillment of these special rights. The issues raised in this paper are: What is meant by children dealing with the law and what is the form of legal assistance by correctional institutions (BAPAS) for children dealing with the law. The method used in writing this paper is descriptive qualitative analysis using primary legal material data, secondary legal materials, and other literature study materials.
Equality before the Law Principle in the Implementation of Legal Aid in Indonesia Rezal Helwin Bramantara
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 2 (2021): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i2.36493

Abstract

Legal aid is a legal service provided to the beneficiaries of legal aid according to Law No. 18 of 2003 on Advocates. Considering there are still many people who do not understand that in Indonesia there is also legal aid provided by lawyers at no cost. The ineffectiveness of the application in providing legal aid in Indonesia is a legal issue that is interesting to study more in order to determine the main problems causing lack of effectiveness in the provision of legal aid in Indonesia, which will look for solutions from an idea into a formulation as optimization of legal aid in Indonesia. The issue will be seeking legal issues in the implementation of judicial assistance and formulation of how the application of legal aid may be optimized. This article reviews the development of legal aid as legal services provided by lawyers to people who are not able to freely in Indonesia.
The Existence of Legal Aid Institutions in Providing Legal Aid Amidst COVID-19 Outbreak Heru Pratama Adnan Amrullah
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 2 (2021): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i2.36494

Abstract

Corona Virus Disease 2019 (COVID 19) which hit Indonesia made a variety of legal cases that hit many parties like the case regarding the termination of employment relations unilaterally, protection against workers, the cancellation of cooperation contracts, the community accused of spreading the COVID 19 Virus until patients who were unable to pay medical expenses at the hospitality. To date, there have been no legal aid agencies that provide legal assistance on the various cases, even though they can be taken provide legal assistance, but also many things that affect legal assistance to be applied if legal assistance through the media and or legal assistance directly is carried out as constrains because of the existence of COVID 19 itself which makes all that must participate in handling COVID 19 namely be accepting social distances and other policies, reports of people who need very minimal legal assistance and the lack of information about legal assistance.
Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values Choerul Amin
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 2 (2021): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i2.36495

Abstract

Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms.
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.

Page 12 of 18 | Total Record : 173

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