Showing posts with label Legal Aid. Show all posts
Showing posts with label Legal Aid. Show all posts

Friday, January 14, 2011

bill legal aid

To achieve the equality in law, the legal department and human rights foundation aid agencies pointed to Indonesia to make the bill the legal aid.

But as for the establishment of the objectives of the bill is to make people who can not afford the services of a fixed advocate can get legal aid, so that the rights of its good range of civil and not criminal terzalimi by others and even by country

provision of legal aid is not only a legal aid is litigation, but also in the form of legal aid non-litigation. We hope that the bill can be accepted by the legislature and ratified later that the aim of creating legal equality is achieved. not just people who have money are able to get legal aid, but people who are not able to also have the same rights.


bill legal aid part two

The types of legal assistance can be given according to the bill could be litigation and non litigation in the field of civil law, criminal, administrative and labor;

Litigation legal assistance in the form of running power, represent and / or assist, other legal action in order to defend the rights and legal interests of legal aid recipients in the judicial process

Legal assistance in non-litigation in the form:
- Legal consultations
- Preparation / creation of legal documents
- Conduct mediation or consensus, and resolve disputes between parties

the bill requires public support because it will be a very important role in creating equality before the law

bill legal aid part three

In the bill for this legal aid could be a legal aid attorney who worked on the legal aid agencies.

Besides advocate who worked in legal aid organizations, the implementation of legal aid can also be assisted by professors and law students at the college, paralegal and advocate candidates.

About law students at these colleges should be given the explanation that the students who can provide legal assistance are students who have graduated from the law courses.

Warranty On Rights Legal Aid

Equal treatment before the law are human rights. this equation must be balanced with treatment so as not to be violated due to various reasons such as social structure, and economic status. regarding issues of equal treatment before the law in The Constitution of the Republic of Indonesia in 1945 was staged.

other than those stipulated in the Constitution of the Republic of Indonesia, concerning equality before the law was also in the set of laws and regulations applicable in Indonesia, as in the Act No. 39 of 2009 on human rights. of the rules of positive law in Indonesia is clear that each person is recognized equal before the law. and every person who is not capable of fighting for their rights are legally entitled to obtain legal assistance.

Legal aid rights of every person, especially someone so that he could not get justice. no one has the right to remove a person's right to obtain legal aid even though the country. This guarantees the rights contained in international standards and national law as a form of fulfillment of basic rights that have been universally recognized.

The Legal Aid Justice System

In the Indonesian judicial system, particularly criminal, right to legal aid is governed by Article 54 KUHAP.yang where it aims for self-defense interest, suspect or defendant eligible for legal aid by a person or persons legal advisors at every level of examination.

In addition to legal assistance by the legal adviser at every level of examination, the defendant is also entitled to legal aid in any time needed. This was confirmed later in the chapter 56 Code of Criminal Procedure. Legal assistance to OBLIGATIONS especially of certain crimes: 1. Threatened with death penalty, sentence of fifteen more; 2. Suspect or defendant is not able to provide themselves or the threat of criminal punishment in question or indictment of five years or more. Rights have also encountered legal assistance in Law no. 23 Year 2002 on the Elimination of Domestic Violence.

In terms of providing legal aid to those mentioned above of a lawyer or advocate is obliged to provide legal assistance free of charge. this provision in Padal 22 set in law number 18 year 2003 about lawyers. other than that of providing legal assistance free of charge are also regulated in Article 7 (h) Code of Ethics of Indonesian Advocates (KEAI).

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