BADAN PEMBINAAN HUKUM NASIONAL

UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems

• Legal aid is a fundamental right that should be provided for in national legislation and constitutions (UN Principle 1)

• Legal aid providers should be independent of State interference (UN Principles 2 and 12) and legal aid should be accessible, effective, sustainable and credible (UN Principle 2) – effective sometimes replaced by affordable and accountable

• The commitment of the Indonesia Government is to encourage the marginal people (including the poor ) to get an access to justice.

• This commitment is based on Art. 28D of the Indonesia constitution: “Every person shall have the right of recognition, guarantees, protection and certainty

before a just law, and of equal treatment before the law”

Legal basis

• Law No 16/2011 regarding Legal Aid. • Further regulations: –government regulation –ministerial regulation.

Efective : on Mid of 2013.

3 stakeholders

1.Legal aid administrator2.Legal Aid Providers (OBH) 3.Legal Aid Beneficiary

Scheme of legal aid

Legal aid services

Litigation

1. Criminal2. Private3.

Administration

Non litigation

1. Consultation, 2. Mediation, 3. Negotiation, 4. Investigation, 5. Out-of-court Custody,6. Document drafting,

Legal Aid Budget

• The government provide a large enough fund deducted from the state budget.

• Legal aid providers signed a contract to work with government.

• The number of cases are in accordance to the level of the certificate of OBH.

Monitoring2 levels monitoring:1.Regional level (the representatives of law and Human Rights of regional level and regional government representatives, NGOs)2.National level (National Law Development Agency representatives, ministry of finance, NGOs) The regional level members should account for their job to the national. They should send occasional reports regarding the performance of the legal aid providers

Challenges

• Legal Aid Provider is not familiar with State Budget Accounting System in reimbursement

• Human Resources in Province Office did not fit with the standard of reimbursement

• Long Bureaucracy = long management control• Poverty Proof Letters are not easy to get

Solution

• Shorten Bureaucracy: Reimbursement in Province Office• New Regulation• uses online system:

• Approval of legal aid beneficiaries • Reimbursement

Online Application SIDBANKUM

EXPANDING ACCESS TO JUSTICE