SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 104, 2011 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 5248) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 16 YEAR NUMBER 2011
ABOUT
LEGAL ASSISTANCE
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weigh: a. that the state guarantees the constitutional right of each person to gain recognition, assurance, protection, and certainty of fair law as well as the same treatment before the law as a means of protection of human rights;
B. that the state is responsible for the granting of legal aid to the poor as the embodiment of access to justice;
c. that the arrangement concerning the aid of the laws organized by the state must be in the form of a social change of justice;
D. that based on the consideration as referred to in the letter a, the letter b, and the letter c, need to form an Act on the Help of the Law;
Given: Article 20, Section 21, Article 27 paragraph (1), Article 28D paragraph (1), Article 28H paragraph (2), Article 28I paragraph (4) and paragraph (5), and Article 34 of the paragraph (2) and paragraph (4) of the Basic Law of the Republic of Indonesia in 1945;
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
And
PRESIDENT
DECIDED:
Establish: LEGISLATION ON LEGAL ASSISTANCE.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
1. Legal Aid is a legal service provided by the Freely Granted Legal Aid to the Legal Aid Recipient.
2. Legal Help recipients are the people or groups of the poor.
3. Legal Aid is a legal aid agency or a correctional organization that provides Legal Assistance services under this Act.
4. The Minister is the minister who organizes government affairs in the field of law and human rights.
5. Legal Aid Standards are the guidelines for the implementation of Legal Aid prescribed by the Minister.
6. The Advocate Code of Conduct is a code of conduct set by the organization of the advocate of the profession that applies to the Advocate.
Section 2
Legal assistance is executed based on asas:
a. justice;
B. equation of position within the law;
C. openness;
D. efficiency;
e. effectiveness; and
f. Accountability.
Section 3
The holding of Legal Assistance aims to:
a. ensuring and fulfilling the right to the Exemption Recipients of Law to obtain access to justice;
B. embody the constitutional right of all citizens according to the principle of the equality of rank within the law;
(c) IBM may not use any of the following IBM program or services for any other IBM program.
D. embody the effective, efficient, and accountable justice of the judiciary.
BAB II
SCOPE
Section 4
(1) Legal Assistance is provided to the Legal Aid Recipients who face legal matters.
(2) The aid of the Law as referred to in paragraph (1) includes matters of the legal, criminal, and governance laws of both litigation and nonlitigation.
(3) The aid of the Law as referred to in paragraph (1) includes exercising the power, accompanying, representing, defending, and/or performing other legal actions for the legal benefit of the Legal Aid Recipient.
Section 5
(1) The Licensee's use of the IBM International Basic Law for the IBM International Basic Law ("IBM") means that Licensee may use the IBM-provided IBM-provided IBM-provided IBM-provided IBM-provided data for the following:
(2) The basic rights as referred to in paragraph (1) include rights to food, home, health services, education services, employment and endeavour, and/or housing.
BAB III
HOSTING THE LEGAL HELP
Section 6
(1) Legal Assistance is organized to assist in the resolution of legal issues facing the Legal Aid Recipient.
(2) The granting of Legal Assistance to the Legal Assistance Recipients is organised by the Minister and exercised by the Help of Legal Assistance under this Act.
(3) The Minister as referred to in paragraph (2) on duty:
a. assemble and establish the policy of holding the Legal Aid;
B. assemble and establish the Legal Aid Standards based on the principles of Legal Assistance;
c. compiling the Legal Help budget plan;
D. manage the Legal Assistance budget effectively, efficiently, transparently, and accountable; and
e. assemble and deliver the report of the holding of Legal Assistance to the People ' s Representative Council at any end of the budget year.
Section 7
(1) To carry out the duties as referred to in Article 6 of the paragraph (3), the Minister of authority:
a. oversee and ensure the hosting of Legal Assistance and the granting of Legal Assistance are executed according to the principles and purposes specified in this Act; and
B. conduct verifications and accreditation against legal aid agencies or correctional organizations to meet eligibility as Legal Assistance under this Act.
(2) In order to conduct the verification and accreditation as referred to in paragraph (1) letter b, the Minister makes up the committee whose unit is composed of:
a. the ministry that organizes government affairs in the field of law and human rights;
B. academic;
c. Public figures; and
D. the institution or organization that provides the Legal Aid service.
(3) The verification and accreditation as referred to in paragraph (1) the letter b is performed every 3 (three) years.
(4) The further provisions of the manner of verification and accreditation as referred to in paragraph (1) the letter b is governed by the Regulation of the Minister.
BAB IV
LEGAL AID PROVIDER
Section 8
(1) The Exercise Of Legal Assistance is performed by the Law Assistance Service which has been eligible under this Act.
(2) The Terms of Use of the Law as referred to in paragraph (1) include:
a. the legal entity;
B. accredited under this Act;
c. have a fixed office or secretariat;
D. have the administrator; and
e. has a Legal Aid program.
Section 9
Legal Assistance Providers are entitled to:
a. conduct recruitment against advocates, paralegals, lecturers, and law faculty students;
B. doing the Legal Help service;
c. conduct legal counseling, legal consulting, and other activities related to the hosting of Legal Aid;
D. receive a budget from the state to carry out Legal Assistance under this Act;
e. Issuing an opinion or statement in defense of a matter that is its responsibility in the court hearing in accordance with the provisions of the laws of the law;
f. obtaining information and other data from the government or any other instance, for the benefit of case defense; and
G. obtain warranty of legal, security, and safety protection during the course of providing Legal Assistance.
Section 10
Legal Assistance Providers:
a. reported to the Minister about the Legal Assistance program;
B. report any use of the country ' s budget used for the granting of Legal Assistance under this Act;
c. Host a Legal Assistance education and training for advocates, paralegals, lecturers, law faculty students recruited as referred to in Article 9 of the letter a;
D. maintain the confidentiality of the data, information, and/or information obtained from the Legal Aid Recipient, unless otherwise specified by an invitation; and
e. provides Legal Assistance to the Legal Assistance Recipients under the terms and conditions specified in this Act until the event is complete, unless there is a legal legal basis.
Section 11
Legal aid providers may not be charged with civil or criminal charges in providing legal assistance that is the responsibility that is committed with the bond both inside and outside the court hearing in accordance with the Law of Legal Assistance under the terms of the Law. The Advocate Code of Conduct and/or Ethics Code.
BAB V
THE RIGHTS AND OBLIGATIONS OF THE LEGAL AID RECIPIENT
Section 12
Legal Assistance Recipients are entitled to:
a. obtain Legal Assistance until the legal issue is completed and/or the device has a fixed legal force, as long as the Concerned Recipients of the Law do not revoke the warrant;
B. get Legal Assistance in accordance with the Legal Aid Standards and/or the Advocacy Code of Conduct; and
c. obtain information and documents related to the implementation of the Legal Assistance in accordance with the provisions of the laws.
Section 13
Mandatory Legal Help recipients:
a. provide evidence, information, information, and/or right-to-name information to the Legal Aid;
B. help the smooth of the Legal Help grant.
BAB VI
TERMS AND CONDITIONS OF THE LEGAL AID GRANT
Section 14
(1) To obtain Legal Assistance, the Legal Aid applicant must meet the terms of:
a. submit a written request that contains at least the applicant's identity and a brief description of the subject matter which the Legal Aid is being raised;
B. submitted the document with respect to the case; and
c. attach a poor certificate from lurah, head of village, or an official who is a level at the residence of the Legal Aid applicant.
(2) In the case of the Applicant Law not being able to draft a request in writing, a plea can be submitted orally.
Section 15
(1) The Legal Aid applicant is applying for a Legal Aid to the Legal Aid.
(2) The use of the Cloud Service (s) for the Cloud Service is not available for use in the IBM Cloud Service.
(3) In the event of a Legal Aid accepted, the Legal Aid provides Legal Assistance based on a special power letter from the Receiver of Legal Aid.
(4) In the event of a Legal Aid request denied, the Legal Aid listed the reason for rejection.
(5) Further provisions on the terms and conditions of the granting of Legal Assistance are governed by the Government Regulation.
BAB VII
THE FUNDING
Section 16
(1) The necessary Legal Assistance Funding and is used for the holding of Legal Assistance in accordance with this Act is charged to the State Budget and Shopping Budget.
(2) In addition to funding as referred to in paragraph (1), the Legal Aid funding source may be derived from:
a. grant or donation; and/or
B. Another source of legal and non-binding funding.
Section 17
(1) The government is obliged to allocate the grant of the holding of Legal Assistance in the State Budget and Shopping Budget.
(2) The funding of the holding of Legal Assistance as referred to in paragraph (1) is allocated on the budget of the ministry that organizes governance matters in the field of law and human rights.
Section 18
Further provisions on the manner of the transfer of the Legal Aid fund as referred to in Article 16 of the paragraph (1) to the Statutory Assistance are governed by the Government Regulation.
Section 19
(1) The area may allocate the budget of the holding of Legal Assistance in the Regional Revenue and Shopping Budget.
(2) The further provisions of the hosting of Legal Assistance as referred to in paragraph (1) are governed with the Regional Regulations.
BAB VIII
The RUN
Section 20
The Legal Aid is prohibited from accepting or requesting payment from the Legal Help Recipients and/or other parties related to the case in which the Legal Aid is being treated.
BAB IX
CRIMINAL PROVISIONS
Section 21
Legal Assistance Providers who are shown to receive or request the payment of the Legal Assistance Recipient and/or other parties related to the case under which Section 20 is referred to in Article 20, is convicted of the most recent prison criminal (one) year or fine the most Rp50,000.000.00 (fifty million rupiah).
BAB X
THE TRANSITION PROVISION
Section 22
The holding and budgeting of the Legal Aid organized by and is at the Supreme Court of the Republic of Indonesia, the Indonesian National Police, the Prosecutor of the Republic of Indonesia, and other instances at the time of this Act came into force, stay implemented until the end of the concerned budget year.
Section 23
(1) The provision of the Law to be processed before the Act begins to remain in effect until the end of the term of the budget year.
(2) In the case of the granting of the Legal Assistance is not completed by the end of the year of the budget concerned as referred to in paragraph (1), the granting of Legal Assistance is further implemented under this Act.
BAB XI
CLOSING PROVISIONS
Section 24
By the time this Act goes into effect, all governing laws on the Help of the Law are declared to remain in effect as long as not in conflict with the provisions of this Act.
Section 25
This Act goes into effect on the promulgable date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
Passed in Jakarta
on November 2, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on November 2, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
