ACT 16-2011bt fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 104, 2011 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5248) legislation of the REPUBLIC of INDONESIA number 16 in 2011 ABOUT LEGAL AID by the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that the State guarantees the constitutional right of every person to get recognition, guarantees, protection and legal certainty of fair and equal treatment before the law as a means of protection of human rights;
b. that the State is responsible for the granting of legal aid for the poor as the embodiment of the access to justice;
c. that the arrangements regarding legal aid organized by the State should be oriented on realization of equitable social change;
d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish laws on legal aid;
Remember: article 20, article 21, article 27 paragraph (1), article 28D, paragraph (1) of article 28 h subsection (2), article 28I paragraph (4) and paragraph (5), and of article 34 paragraph (2) and paragraph (4) of the Constitution of the Republic of Indonesia in 1945;
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT decide: define: the law on LEGAL AID.
CHAPTER I GENERAL PROVISIONS article 1 In this law are: 1. Legal aid is legal services provided by the giver of legal assistance free of charge to the recipient of legal aid. 2. the legal aid Beneficiary is a person or group of people are poor.
3. Legal aid Givers are legal aid institutions or organizations that provide community services legal aid on the basis of this Act.
4. the Minister is the Minister who organized a Government Affairs in the field of law and human rights.
5. Legal aid is the Standard implementation guidelines the granting of legal aid established by the Minister.
6. the code of ethics of advocates is the code of ethics set by the organisation of the profession of advocate of advocates.
Article 2 legal aid is implemented based on the principle of: a. Justice;
b. position of the equation in the law;
e. effectiveness; and f. accountability.
Article 3 the Organization of legal aid aims to: a. ensure and fulfill the right to legal aid Recipients to gain access to justice;
b. embodies the constitutional rights of all citizens in accordance with the principles in the legal position of the equation;
c. ensure the certainty of organizing legal aid implemented evenly across the entire territory of the Republic of Indonesia; and d. realizing effective judicial, efficient, and responsive.
CHAPTER II SCOPE of article 4 (1) legal aid is granted to Recipients of legal aid are facing legal problems.
(2) legal aid as referred to in paragraph (1) covers legal issues keperdataan, criminal, and administrative litigation either country or nonlitigasi.
(3) legal assistance referred to in subsection (1) include running power, accompany, representing, defending, and/or conduct other proceedings for the legal interests of the recipient of legal aid.
Article 5 (1) of the Legal Aid Beneficiary referred to in article 4 paragraph (1) includes any person or a group of poor people who can not meet the fundamental rights are viable and independent.
(2) the fundamental rights referred to in subsection (1) include the right to food, clothing, health care, education, work, and strive, and/or housing.
CHAPTER III ORGANIZATION of LEGAL AID article 6 (1) legal aid is organized to help the resolution of legal issues facing the recipient of legal aid.
(2) the granting of legal aid to the recipient of legal aid organized by the Ministry and implemented by the giver of legal aid on the basis of this Act. (3) the Minister referred to in subsection (2) is in charge of: a. drafting and conducting of legal aid policy;
b. develop and set standards of legal aid based on the principles of granting of legal aid; c. the legal aid budget drafting plans;
d. administer the legal aid budget effectively, efficient, transparent and accountable; and e. develop and submit a report to the legal aid organization of the House of representatives at the end of each financial year.
Article 7 (1) to carry out the tasks referred to in article 6 paragraph (3), the Minister is authorized to: a. oversee and ensure the Organization of legal aid and the granting of legal aid is run according the principle and objectives set out in this Act; and b. conducts verification and accreditation against the institution of legal aid or civic organizations to meet the feasibility as the giver of legal aid on the basis of this Act.
(2) to conduct verification and accreditation as intended in paragraph (1) letter b, the Minister formed a Committee made up of elemental: a. the Ministry organizes the Affairs of Government in the field of law and human rights; b. academics;
c. community leaders; and d. the agency or organization that provides legal aid services.
(3) verification and accreditation as intended in paragraph (1) letter b is performed every three (3) years.
(4) further Provisions regarding the procedures for verification and accreditation as intended in paragraph (1) letter b is controlled by a regulation of the Minister.
CHAPTER IV LEGAL AID GIVER article 8 (1) the implementation of legal aid conducted by the legal aid Givers who are qualified on the basis of this Act.
(2) the terms of the giver of the legal assistance referred to in subsection (1) include the following: a. the legal body;
b. accredited on the basis of this Act;
c. have a fixed Office or Secretariat;
d. have a sysop; and e. legal aid program.
Article 9 legal aid Giver is entitled to: a. conduct the recruitment against the advocate, paralegal, professors, and students of the Faculty of law; b. do legal aid services;
c. organized a legal counselling, legal consulting, and other activities of the programme with regard to the Organization of legal aid;
d. receive a budget from the State to carry out legal aid on the basis of this Act;
e. issuing opinions or statements in defense of something that becomes his responsibility in a court hearing in accordance with the provisions of the legislation;
f. information and other data from the Government or other institution, for the purposes of defence matters; and g. guaranteed legal protection, security and safety during the running of the grant of legal aid.
Article 10 legal aid Givers is obliged to: a. report to the Minister about the legal assistance program;
b. report any use of the State budget used for the granting of legal aid on the basis of this Act;
c. organizing education and training for legal aid advocate, paralegal, lecturer, Faculty of law students who were recruited as referred to in article 9 a;
d. maintain confidentiality of data, information, and/or information obtained from the recipient of legal aid with regard to the matter that is being dealt with, unless specified otherwise by law; and e. providing legal aid to the recipient of legal aid based on the terms and procedures specified in this Act until the matter is completed, unless there is a legitimate legal reason.
Article 11 legal aid Giver cannot be prosecuted in civil or criminal legal aid in giving that became his responsibilities done with goodwill both inside and outside the Court of session legal aid based on appropriate standards and regulations and/or the code of ethics of advocates.
Chapter V RIGHTS and OBLIGATIONS of the RECIPIENT of LEGAL AID article 12 legal aid Beneficiary has the right to: a. obtain legal assistance to his legal problems and/or finish the matter does have the force of law remains, as long as the recipient of the Aid in question does not revoke the power of Attorney;
b. get legal aid in accordance with the standard of legal assistance and/or code of ethics of advocates; and c. information and documents relating to the implementation of the grant of legal aid in accordance with the provisions of the legislation.
Article 13 of the recipient of legal aid is mandatory: a. deliver evidence, information, and/or description of things correctly to legal aid Givers; b. help smooth the granting of legal aid.
CHAPTER VI TERMS and PROCEDURES for the GRANTING of LEGAL AID Article 14 (1) for obtaining legal aid, an applicant for legal aid must meet the requirements: a. apply in writing that contains at least the identity of the applicant and a short blurb about the subject matter appealed legal assistance; b. submit documents concerning the matter; and c. attach a poor clearance from the head, the head of the village, or the level of officials in the place of residence of the applicant legal aid.
(2) in case of the legal aid applicant is not capable of putting together a written petition, the petition may be submitted orally.
Article 15 (1) of the legal aid Applicant apply for legal aid to legal aid Givers.
(2) legal aid Giver in a time period of not longer than three (3) business days after the application for legal aid must provide complete answers stated to accept or reject the application for legal aid.
(3) in the case of application for legal aid is received, the giver gives legal aid legal aid on the basis of a special power of Attorney from the legal aid Recipients.
(4) in the case of application for legal aid is refused legal aid Givers, list the reason for denial.
(5) further Provisions regarding the terms and procedures for the granting of legal aid is regulated with a government regulation.
CHAPTER VII article 16 FUNDING
(1) legal aid Funding that is needed and used to organizing legal aid in accordance with the Act is charged to the budget of the State Expenditures and Revenues.
(2) in addition to the funding referred to in subsection (1), legal aid funding sources can come from: a. the grants or contributions; and/or b. other funding sources are legitimate and are not binding.
Article 17 (1) the Government must allocate funds holding of legal aid in the budget revenue and Expenditure of the State.
(2) a legal aid organization of Funding referred to in subsection (1) is allocated in the budget of the Ministry which hosts the Affairs of Government in the field of law and human rights.
Article 18 Provisions on the procedures for channelling funds legal aid as referred to in article 16 paragraph (1) to the giver of the legal assistance is regulated with a government regulation.
Article 19 (1) Regions can allocate a budget organization of legal aid in the budget revenue and Shopping area.
(2) the provisions concerning the holding of further legal assistance referred to in subsection (1) is subject to the rule of the region.
CHAPTER VIII RESTRICTIONS article 20 legal aid Givers are prohibited from receiving or soliciting payments from Recipients of legal aid and/or others associated with the case which is being dealt with legal aid Givers.
CHAPTER IX the PROVISION of CRIMINAL legal aid Givers clause 21 which proved to receive or request payment from the recipient of legal aid and/or others associated with the case is being handled as stipulated in article 8, are convicted with imprisonment of not longer than 1 (one) year or a maximum fine of Rp RP 50,000,000 (fifty million rupiah).
CHAPTER X TRANSITIONAL PROVISIONS Article 22 the Organization of the Legal aid budget and organized by and in the Supreme Court of the Republic of Indonesia, State police of the Republic of Indonesia, the Prosecutor's Office of the Republic of Indonesia, and other agencies at the time this law comes into force, continue to be implemented until the end of the fiscal year in question.
Article 23 (1) the grant of legal aid is being processed before this Act comes into force remain held up to the end of the fiscal year in question.
(2) in the event of the grant of legal aid has not been completed at the end of the fiscal year in question as referred to in paragraph (1), the granting of legal aid subsequently carried out on the basis of this Act.
CHAPTER XI CLOSING PROVISIONS Article 24 by the time this law comes into force, all laws and regulations governing legal assistance declared still valid throughout does not conflict with the provisions of this Act.
Article 25 this Act comes into force on the date of promulgation.
In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.
Ratified in Jakarta on November 2, 2011 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on November 2, 2011 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();