SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 214, 2008 | (Explanation in Additional State Sheet Indonesia Republic Number 4955) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 83 YEAR 2008
ABOUT
THE TERMS AND CONDITIONS OF THE GRANTING
FREE LEGAL HELP-ONLY
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,,, Menating: that to implement the provisions of
Article 22 Act No. 18 of 2003 on Advocates need to establish Government Regulation on Requirements and Order of the Legal Assistance Granting Cuma-Cuma;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
., 2.
Act No. 18 of 2003 on Advocate (Sheet State Of The Republic Of Indonesia In 2003 Number 49, Addition Of State Sheet Indonesia Number 4288);
DECIDED:
.,, Setting: GOVERNMENT REGULATIONS ON THE REQUIREMENTS AND THE MANNER OF GRANTING LEGAL ASSISTANCE FOR FREE.
Section 1
In this Government Regulation referred to by:
., 1. An advocate is a person of legal service, both inside and outside the court that meets the requirements under the provisions of Law No. 18 of 2003 on the Advocate.
2. The Act is the Law No. 18 of 2003 on the Advocate.
., 3. Aid of the Law-Only legal services that the Advocate has granted without receiving the payment of the honorarium include granting legal consultation, exercising power, representing, accompanying, defending, and committing other legal actions for the benefit of the law. An uncapable seeker of justice.
., 4. The Uncompetent Justice of the Justice is a person or a group of economically uncapable individuals who require the legal services of the Advocate to deal with and solve legal problems.
. .5. The Advocate Organization is an organization of professions established under the Act.
., 6. Legal aid agencies are institutions that provide free legal assistance to the Justice Seekers.
7. Day is a work day.
Section 2
Advocates are obliged to provide Legal Assistance Cumen-Only to the Justice Seekers.
Section 3
.,, (1) The assistance of the Law Act-Only as referred to in Article 2 includes legal action for the benefit of the Justice Seekers at any level of the judicial process.
.,, (2) Legal Aid Cumans-Only applies also to the granting of legal services outside the courts.
Section 4
.,, (1) To obtain Legal Assistance Cuma-Only, the Justice Seekers apply for a written request directly to the Advocate or through the Organization of Advocates or through the Legal Aid Society.
.,, (2) the invocation as referred to in paragraph (1) at least must contain:
., a., a. name, address, and the applicant ' s work; and
B. A brief description of the subject matter which the legal aid is asked for.
.,, (3) In the request as referred to in paragraph (2), the Justice Seekers must attach the uncapable description made by the authorized official.
Section 5
The Legal Aid Application can only be submitted together by some Justice seekers who have the same interests against the legal problem concerned.
Section 6
.,, (1) In the event of the Justice Seekers not being able to compose a written request, a plea can be submitted orally.
.,, (2) The application submitted orally is poured in written form signed by the applicant and Advocate or officer on the Advocacy Organization or the Legal Aid Society assigned to it.
.,, (3) The application of legal assistance submitted directly to the Advocate, the busan request is delivered to the Advocacy Organization.
Section 7
.,, (1) Advocate, Advocate, or Legal Aid Society is required to deliver an answer to the request to the applicant in the most prolonged period 3 (three) days since the application is accepted.
.,, (2) In terms of clarity regarding the subject matter which the legal aid is in question is not yet clear then the Advocate, the Advocate, or the Legal Aid Society may request additional captions to the applicant in time as referred to in the paragraph (1).
Section 8
.,, (1) In the event of a request to be submitted to the Organization of the Advocates or the Legal Aid Society then the Advocacy Organization or the Legal Aid Society establishes the Advocate who is assigned to provide the Legal Aid for Merely.
., (2) The Advocate assigned as referred to in paragraph (1) is named in the answer to the request as referred to in Article 7 of the paragraph (1).
Section 9
.,, (1) The decision regarding the granting of Legal Assistance Cumen-Only is specified in writing by appointing the Advocate name.
., (2) The decision of the granting of legal assistance as referred to in paragraph (1) is delivered to the applicant and the instance associated with the implementation of the granting of the Legal Assistance.
Section 10
Advocate in providing Legal Assistance Cuma-Just must provide equal treatment with the granting of legal aid done with the payment of the honorarium.
Section 11
.,, (1) Granting Legal Assistance-Only implemented in accordance with the provisions of the laws, the Ethics Code of Conduct, and the Regulations of the Advocacy Organization.
.,, (2) The implementation of the granting of Legal Assistance Cumans-Only reported by the Advocate to the Advocates ' Organization or the Legal Aid Society.
Section 12
(1) The Advocate is prohibited from rejecting the Legal Aid application Cuma-Only.
., (2) In the event of a rejection of the grant of legal assistance as referred to in paragraph (1), the applicant may submit an objection to the Advocates ' Organization or the Legal Aid Society concerned.
Section 13
Advocates in granting Legal Assistance Cumen-Just be barred from accepting or asking for any form of the Justice Seekers.
Section 14
.,, (1) Advocates who violate the provisions as referred to in Article 12 and Section 13 are sentenced by the Organization of Advocates.
(2) Sanctions as referred to in paragraph (1) may be:
., a., a. oral reprimand;
B. written reprimand;
.,, c. temporary stops from his profession for 3 (three) up to 12 (twelve) consecutive months; or
D. A permanent stop from his profession.
.,, (3) Before the Advocate is subject to action as referred to in paragraph (1), to the concerned given the opportunity to conduct a self-defense.
.,, (4) The provisions of self-defense and sanction-dropping rules as referred to in paragraph (1) are performed in accordance with the provisions applicable in the Organization of Advocates.
Section 15
.,, (1) The Advocates Organization is developing the Legal Assistance program Cuma-Just being able to cooperate with the Legal Aid Society.
.,, (2) To carry out the program as referred to in paragraph (1) the Advocacy Organization forms a working unit specifically regarding the Help of Legal Assistance.
.,, (3) the further provisions of the organizational arrangement and the work of the work unit as referred to in paragraph (2) are governed by the rules of the Organization of Advocates.
Section 16
In the case of the Organization of Advocates and the Legal Aid Society has not yet had a working unit, the handling of the application and the implementation of the Legal Aid Act-only by other work units specified by the Advocacy Organization or the Legal Aid Society.
Section 17
At the time this Government Regulation is in effect, the granting of Legal Assistance Cumans-Only the Advocate, is reported to the Advocacy Organization or the Legal Aid Society.
Section 18
The work unit as referred to in Article 15 of the paragraph (2) must have been established in the slowest 6 (six) months since the Government Regulation is promulcaged.
Section 19
This Government Regulation shall come into effect on the date of the promulctest.
In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on December 31, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on December 31, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
ADDITIONAL
STATE SHEET RI
| No. 4955 | (Explanation Of 2008 State Sheet Number 214) |
EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 83 YEAR 2008
ABOUT
THE TERMS AND CONDITIONS OF THE GRANTING
FREE LEGAL ASSISTANCE
I. UMUM
.,, in an effort to realize the principles of the state of law in a public and national life, the role and function of the Advocate as a free, independent profession, and responsible is an important matter, next to law enforcement agencies. like a judge, a public prosecutor, and an investigator.
.,, Article 22 of the paragraph (1) of the Law No. 18 of 2003 on Advocates affirm that Advocates are obliged to provide free legal assistance to the seeker of justice who cannot afford it. The granting of legal assistance is free only by the Advocate not to be merciful, but rather the respect for human rights in the realization of justice in society.
.,, the Liability provides free legal aid by the Advocate not regardless of the principle of equality before the law (justice for all) and the right of every person to be accompanied by the Advocate without exception. For free legal aid, it is a form of an Advocate's devotion in exercising its profession as one of the elements of the judicial system and one of the pillars in enforcing the supremacy of law and human rights. Matters that can be asked for free legal aid in the Government's Regulations include matters in the criminal field, data, state planning, and military criminal. Free legal assistance is provided for non-litigation matters (outside the courts).
.,, in this Government Regulation is set about the process of filing for free legal assistance granting by the applicant to the Advocate, Organae Advocate, and the Legal Aid Society with the requirement of attaching a letter The caption was not capable of being made by authorized officials.
.,, in the Regulation of the Government it is set about the prohibition or sanctions to the Advocate who rejects the granting of legal aid for free, accepting or solicits for free legal aid. The sanctions include oral reprimand, written reprimand, temporary dismissal of his profession for 3 (three) up to 12 (twelve) consecutive months, or a fixed dismissal of his profession.
.,, in this Government Regulation is set about the establishment of a working unit specifically about free legal assistance constituted by the Advocacy Organization.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
., in this provision referred to as "Advocates" covering also Advocates who are in the Legal Aid Society.
Section 3
.,, pretty clear.
Section 4
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., referred to as the "authorized official" is the lurah or the head of a local village which gives a letter of inaction that is known to the local seagull.
Section 5
., in this provision referred to "having the same interests" is known by the term "class action".
Section 6
.,, Verse (1)
., referred to as "incapable" is including the applicant unable to read the writing.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Article 7
.,, pretty clear.
Article 8
.,, pretty clear.
Article 9
.,, Verse (1)
., clear enough.
Verse (2)
.,, referred to as "related agencies" is the agility/village and the district where the applicant lives.
Article 10
.,, pretty clear.
Article 11
.,, Verse (1)
., clear enough.
Verse (2)
.,, the Report of the implementation of free legal aid in this provision includes the length of the handling of the aid and complexity of the resolution of the case.
Article 12
.,, pretty clear.
Article 13
.,, pretty clear.
Section 14
.,, pretty clear.
Article 15
.,, pretty clear.
Section 16
.,, the work unit in this provision is temporary.
Section 17
.,, pretty clear.
Article 18
.,, pretty clear.
Section 19
.,, pretty clear.
