R

GOVERNOR OF CENTRAL JAVA

REGULATION OF CENTRAL JAVA PROVINCE

NUMBER 7 IN 2014

ABOUT

AID OF LAW TO THE POOR

WITH THE GRACE OF GOD ALMIGHTY THE GOVERNOR OF CENTRAL JAVA,

Draws: a. That in order to realize the constitutional right of every citizen in accordance with the principle of equality before the law, the Local Government needs to ensure the protection of human rights and make efforts to provide legal assistance to the people. which cannot be;

b. that the granting of legal aid done so far has not touched the person or group of the poor, so that they have difficulty accessing justice as it is hampered by the inability to fulfill their constitutional rights;

c. that based on consideration as intended

in letters a and letter b, need to form the Regional Regulation on the Help of Law to the Poor Community;

Given: 1. Law Number 10 of the Year 1950 on

The Formation of Central Java Propinsion (State Regulation (1950 State Regulation) Page 86-92);

2. Act No. 18 of 2003 on Advocate (Sheet Country Republic Indonesia 2003 No. 49, Additional Gazette Republic of Indonesia Number 4288);

3. Law No. 32 of the Year 2004 on Local Government (Indonesian Republic of 2004 Number 125, Additional Gazette of the Republic of Indonesia No. 4437) as amended in the last few times by Act No. 12 In 2008, About The Second Change Of The Law-invite Number 32 Year 2004 On The Local Government (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);

4. Law No. 48 of 2009 on the Power of Justice (State of the Republic of Indonesia in 2009 Number 157, Additional Gazette of the Republic of Indonesia Number 5076);

5. Act No. 12 Year 2011 on the Establishment of the Laws of the Law (sheet of state of the Republic of Indonesia in 2011 Number 82, Additional Gazette of the Republic of Indonesia Number 5234);

6. Act Number 16 Year 2011 on Legal Aid (State Sheet Indonesia 2011 Number 104, Additional Gazette Republic of Indonesia Number 5246);

7. Government Regulation Number 38 Year 2007 On The Division Of Government Affairs Between Government, Provincial Government And District/city Government (state Sheet Of The Republic Of Indonesia In 2007, Number 82, Extra Country Sheet) Republic of Indonesia No. 4737);

8. Government Regulation No. 42 Year 2013 on the Terms and Conditions of Granting Legal Assistance And The Distribution Of Legal Aid Funds (sheet Of State Of The Republic Of Indonesia In 2013 Number 98, Additional Gazette Of The Republic Of Indonesia Number 5421);

9. Area Of Central Java Province Number 4 of 2008 on Authority Authority Which Became The Authority Of The Government Of Central Java Province (Leaf Section Of Central Java Province Of 2008 Number 4 Of Series E Number 4, Additional Leaf Of Province Area Central Java Number 8);

With THE JOINT APPROVAL OF THE PEOPLE ' S REPRESENTATIVE COUNCIL OF CENTRAL JAVA PROVINCE

AND THE GOVERNOR OF CENTRAL JAVA

DECIDED:

SET: REGIONAL REGULATIONS ON LEGAL ASSISTANCE TO POOR SOCIETY.

CHAPTER I OF THE GENERAL PROVISIONS

Article 1

In This Region Regulation referred to: 1. The area is the province of Central Java.

2. The Regional Government is the Governor and the device of the area as an element of the regional government's organizer.

3. Governor is Governor of Central Java. 4. District/City is District/City in Central Java Province. 5. Legal assistance is a legal service granted by the aid of assistance

the law for free to the beneficiaries of the law. 6. Legal Help recipients are any person or group of people

poor. 7. A Legal Aid is a legal aid agency or organization

a penitentiary that provides legal aid services that have met the provisions of laws.

8. People are individuals or a group of people who have a valid population identity in Central Java Province.

9. A poor society is an individual or a group of people whose economic social conditions are said to be poor as evidenced by the Poor Description.

10. Matter is a matter of law that needs to be solved. 11. Litigation is the process of handling legal matters done through

the court path to complete. 12. Nonlitigation is the process of handling the legal proceedings carried out in

outside the court's path to resolve it. 13. Legal relief fund is the cost provided annually by

Local Government in the Budget and Regional Shopping Budget to finance the implementation of legal assistance to the poor.

14. APBD is a Budget and Regional Shopping Budget and Regional Shopping of Central Java Province.

BAB II

ASAS AND PURPOSE of Article 2

Legal assistance is exercised based on asas: a. justice; b. equality in law; c. protection against human rights; d. openness; e. Efficiency; f. effectiveness; and g. accountability.

Article 3

The legal aid is aiming for: a. embody the constitutional right of citizens according to the principle of equality

the position in the law;

. Its continued protection of human rights; c. guarantees the fulfilment of the Right of the Legal Aid to obtain

access to justice; d. ensuring that the Legal Aid can be used evenly by

the entire community.

CHAPTER III OF SCOPE

Article 4

(1) The Law Assistance is provided to the Legal Assistance Recipients who face legal matters.

(2) Legal assistance as referred to in paragraph (1) includes the issue of virginity law, criminal, and state endeavour either litigation and nonlitigation.

(3) Legal Assistance as referred to by paragraph (1) includes accepting and exercising power, accompanying, representing, defending, and/or committing legal action other for the legal benefit of the Legal Aid.

Article 5

(1) The Legal Aid recipient as referred to in Section 4 of the paragraph (1)

includes any person or group of poor persons who cannot fulfill the basic rights. Eligible and independent.

(2) Fundamental rights as referred to in paragraph (1) include rights to food, stables, health services, education services, employment and endeavour, and/or housing.

BAB IV

HOSTING THE LEGAL AID

Article 6

(1) The legal assistance is organized to assist in the resolution of the problem laws facing the Receiver of Legal Aid.

(2) Grant Legal Assistance to the Legal Assistance Recipients

organized by the Governor and executed by the Law Assistance Granting of the Law which must be eligible: a. the legal entity; b. accredited;

c. has a fixed office or secretariat; d. has the caretaker; and e. have a Legal Help program.

Article 7

The Law Assist cannot be charged with civil or criminal charges in the exercise of its duty to provide Legal Aid to the Legal Aid Recipients who are responsible for which it is the responsibility of the Law. performed with the iktikad both inside and outside the court hearing in accordance with the Standards of Legal Assistance under the laws and/or the Advocate Code of Conduct.

Article 8

(1) In the implementation of Legal Assistance, Governor establishing cooperation

with legal aid agencies that meet the regulatory provisions It's

(2) Further provisions on the manner of cooperation as referred to in paragraph (1), are governed by the Governor's Rule.

CHAPTER V RIGHTS AND OBLIGATIONS

Article 9

The Legal Aid is entitled to: a. obtain Legal Assistance until its legal issue is completed

and/or the device has a fixed legal force, as long as the Legal Assistance Recipients do not revoke the authorization letter;

b. get legal assistance in accordance with the Legal Aid Standards and/or the Advocate Code of Conduct;

c. obtain information and documents related to the implementation of the Law Assistance grant in accordance with the provisions of the laws.

Article 10

Mandatory Legal Assistance: a. provide proof, information, and/or case information

true to the Law Assist; b. Help with the support of Legal Aid.

Section 11

The Legal Assistance is entitled: a. conduct recruitment against advocates, paralegals, lecturers, and students

the faculty of law; b. perform Legal Aid services; c. organizes legal counseling, legal consulting, and programs

other activities related to the hosting of Legal Aid; d. receive a budget from the Regions to carry out Legal Assistance

under this Regional Regulation; e. Issuing an opinion or statement in defense of a matter that

becomes his responsibility in the court hearing in accordance with the provisions of the laws of the law;

f. obtaining information and other data from the Local Government or any other instance, for the benefit of the case of defense; and

g. obtain legal, security, and safety protection during the running of the Legal Aid.

Article 12

The mandatory Legal Aid: a. reported to the Governor about the Legal Aid program; b. report any use of APBD used for awarding

legal assistance under this Regional Regulation; c. organizes Law Assistance and Legal Assistance training for

advocate, paralegal, lecturer, law faculty student who Recruited as in Section 11 of the letter a;

d. maintain the confidentiality of data, information, and/or information obtained from the Legal Aid Recipient relating to matters being handled, unless otherwise specified by the laws of the laws; and

e. provide Legal Aid to the Legal Help Recipients until the issue is complete or there has been a fixed legal ruling against its role.

BAB VI

TATA WAYS OF GRANTING LEGAL ASSISTANCE Section

Article 13 Legal Assistance

(1) To obtain Legal Help, the applicant proposes

Legal assistance in writing or oral to the legal assistance.

(2) the request as referred to in paragraph (1), most It has a small number: The identity of the Legal Aid applicant; and

. a brief description of the subject matter which is in demand for Legal Assistance.

(3) The invocation of the Legal Assistance as referred to in paragraph (1), must attach: a. Poor letter from Lurah, Village Head, or official

at the level of the Legal Aid applicant's residence; and b. documents related to Perkara.

Section 14

(1) The Identity of the Legal Aid applicant as defined in Section 13 of the paragraph (2) of the letter is attested by the citizen sign card and/or other documents issued by the instance Authorized.

(2) In the case of the Requesting Legal Assistance, the Legal Aid assists the Legal Aid in obtaining a provisional address letter and/or other documents from the institution that are authorized to be in the domicile Legal Assistance.

Article 15

(1) In the case of the Legal Aid Applicant does not have a poor certificate referred to in Section 13 paragraph (3) of the letter a, Requesting Legal Assistance may attach a Public Health Guarantee Card, Cash Direct Assistance, Poor Rice Card, or other documents in lieu of mail poor description.

(2) In the case of the Requesting Law do not have the requirements referred to in paragraph (1) and as referred to in Article 13 paragraph (3), the Legal Aid helps the Legal Aid in obtaining That requirement.

The Second Section

Filing For Legal Assistance Application Section 16

(1) In terms of the terms submitted by the Legal Aid Applicant, the Legal Aid may request the request for the Legal Aid to supplement the requirements of the request as referred to in Article 13 of the paragraph (2).

(2) In the most days of 5 (5) business days, the requester of the Legal Aid is obliged to complete the requirements as referred to in paragraph (1).

(3) If the Legal Aid Applicant cannot complete the requirement as referred to in paragraph (2), then the request may be rejected.

Third Section of the Workforce

Section 17

(1) In the event of a Legal Help request as referred to in

Article 13 is declared complete, in the most prolonged term 3 (three) of the mandatory Legal Aid. Submit an answer to the applicant.

(2) In the event of a Legal Aid accepted, the Legal Aid provides Legal Assistance based on a special power letter from the Legal Aid Receiver.

(3) In terms of request for Legal Help is denied, Legal Assistance Specify the reason for rejection.

Section 18

(1) In the longest term of 5 (five) business days after the answer

receives the request for Legal Assistance as referred to in Section 17 of the paragraph (2), the mandatory Legal Assistance Perform coordination with the Legal Help recipient regarding the execution work plan.

(2) The work plan as referred to in paragraph (1) is made in the form of the Cooperation Agreement.

Article 19

(1) The Giver Legal assistance is required to report the exercise of its duties

to the Governor.

(2) Further provisions of reporting the execution of tasks as referred to in paragraph (1), are governed by the Governor's Rule.

BAB VII

RUN Article 20

The Help of Legal Assistance is prohibited: a. Misuse of Legal Aid funds to recipients

Legal Aid; b. receive or request payment from the Legal Assistance Recipient

and/or any other party associated with the case under which it is being handled.

BAB VIII FUNDING

Article 21

(1) The funding source of the holding of Legal Assistance is charged on APBD.

(2) In addition to the funding source as referred to in paragraph (1), funding may be derived from: a. a grant or voluntary donation; and/or b. Other legal and non-binding sources of funding.

Article 22

(1) The Local Government is obliged to allocate the holding funds

Legal Assistance in APBD.

(2) The Financing of Legal Assistance as referred to in paragraph (1), allocated on the budget of the Working Unit which organizes government affairs in the field of law.

(3) In filing the hosting budget Legal assistance, the Working Unit as referred to in paragraph (2) takes into account the matter that is not finished or has no fixed legal force.

Article 23

(1) Legal Aid filed a Legal Aid budget plan to the Governor in the budget year before the budget year of the implementation of Legal Aid.

(2) The submission of the Legal Aid budget plan as referred to in paragraph (1), is poured in the form of a proposal attached to the application of the least-contained Law Assistance Recipient: a. Legal Support: b. Legal, Legal, and Non-litig; Non-litigable Legal Assistance (APBD and non APBD) plan for implementation of APBD and non-APBD; c. plan for implementation of litigation and Nonlitigation in accordance with the

with the mission and purpose of the Legal Assistance.

(3) More provisions further regarding the filing of the Legal Assistance budget plan is set up with the Governor's Ordinance.

CHAPTER IX ADMINISTRATIVE SANCTION

Article 24

(1) The proven Legal Aid violates the provisions as

referred to in Article 12 of the administrative sanction.

(2) administrative sanctions as referred to in paragraph (1), are: a. Oral reprimand; b. Written reprimand; c. return of all accepted Legal Aid funds that

sourced from APBD.

(3) More terms on the manner of administrative sanction as referred to in paragraph (1), governed by the Governor's Rule.

BAB X

PROVISIONS OF INQUIRY

SECTION 25

(1) CIVIL SERVANT OFFICIALS Certain civilians in the Regional Government environment are authorized specifically as Investigators to conduct criminal proceedings in the field of legal aid, as referred to in the Criminal Code Law.

(2) The Authority of Investigators is authorized to investigate the criminal code of the Criminal Code. as set forth in the (1) paragraph, the (1) is: Receive, search, collect, and examine the description or

report with respect to the field of criminal assistance in order for the description or report to be complete and clear;

b. examine, search, and collect information about persons or bodies about the correctness of the actions committed in connection with the criminal conduct in the field of legal assistance;

c. request the information and evidence from a person of person or body in connection with a criminal offence in the field of legal aid;

d. examine books, records, and other documents with regard to criminal conduct in the field of legal aid;

e. Conducting a search warrant for bookkeeping, logging, and other documents, and confiscation of the evidence for the evidence;

f. ask for expert power in order to perform criminal investigation duties in the field of legal assistance;

g. Whether or not to leave a room or place at the time of examination is underway and check the identity of the person and or the document it brings;

h. Photographing a person with respect to a criminal offence in the field of legal aid;

i. calls for people to be heard of his attachment and checked as a suspect or a witness;

j. Stop the investigation; k. perform other actions that need to smooth the investigation

a criminal offence in the field of legal aid according to the applicable law

(3) Investigators as referred to in paragraph (1) notify the start of the inquiry and deliver the results of its inquiry to the Public Prosecutor through the Investigator of the State Police of the Republic of Indonesia, in accordance with the provisions set forth in the The Criminal Event Law Act.

CHAPTER XI OF THE CRIMINAL PROVISIONS

Article 26

(1) If the Law Aid is proven to violate the provisions as referred to in Article 20 of the letter a perforated criminal case of 6 (six) month or a fine of the most Rp. 50,000,000.00 (fifty million rupiah).

(2) If the Law Assist is shown to receive or request something to the Legal Assistance Recipient as referred to in Article 20 of the letter b, threatened criminal in accordance with the provisions of the laws.

(3) Criminal Tindak as referred to in paragraph (1) is a violation.

BAB XII TRANSITION provisions

Article 27

At the time the Regional Regulation is in effect: a. the hosting and the Legal Assistance budget held

by the Local Government, it remains in place until the end of the concerned budget year;

b. Legal assistance that is being processed before this Section Regulation is effective until the end of the term of the budget year;

c. in the case of granting of the Legal Help is not completed by the end of the budget year. concerned as referred to in letter b, the granting of legal assistance is further executed under this section's Regulation.

BAB XIII

provisions CLOSING Section 28

The instructions of the implementation of these regional regulations should be already published the longest 1 (one) year since the Regulation of the Regions came into effect.

Section 29

The rules of this section begin to apply to the date of promulgations. In order for everyone to know it, ordered the invitational of this Regional Regulation by placing it in the section of the Central Java province.

Set in Semarang on 24 March 2014 GOVERNOR OF CENTRAL JAVA, Ttd GANJAR PRANOWO

It was promulred on 24 March 2014 Plh. REGIONAL SECRETARY OF CENTRAL JAVA ttd SRI PURYONO KARTOSOEDARMO SHEET AREA OF CENTRAL JAVA PROVINCE OF 2014 NUMBER 7 NOREG REGULATION OF CENTRAL JAVA PROVINCE: (3/2014)

EXPLANATION OF

REGULATION OF CENTRAL JAVA PROVINCE NUMBER 7 YEAR 2014

ABOUT

LEGAL ASSISTANCE FOR POOR PEOPLE

I. UMUM Province of Central Java as one of the autonomous regions in Indonesia has a poor population that is large or large. In 2010, the number of poor people in Central Java reached 16.56 percent of the total population of 32 million. While in 2011 the percentage of poverty in Central Java reached 16.21 percent and in 2012 it was 14.98 percent.

The policy of improving the welfare of the poor through an economic approach has been carried out by the Government Central Java province with poverty prevention programs. While the policy for granting legal aid to the poor has not been able to fully wake up effectively given the absence of a strong legal umbrella.

Article 1 paragraph (3) The Basic Law of the Republic of Indonesia in 1945 confirms that "the State of Indonesia is a country of law". In a state of law, the state recognizes and protects human rights for any individual including the right to the Help of the Law. The provision of legal assistance to citizens, especially poor citizens, is an attempt to meet and as well as the implementation of a law state that recognizes and protects and guarantees the rights of citizens in need of access. against justice (access to justice) and the similarity before the law (equality before the law). To date, the Local Government has not established the Regional Regulation specifically to guarantee the lacerations of the citizens ' constitutional rights, so in the form of the Regional Regulation on the Help of Law to these Poor People. will be the basis for the Local Government to exercise the constitutional right of citizens in the field of Legal Aid, in particular for people or groups of the poor.

During this time, the granting of Legal Aid has not been much touch the people or groups of the poor, so they have trouble accessing justice because of their inability to realize their constitutional rights. The arrangements regarding the granting of Legal Assistance to the Poor People in this Regional Regulation constitute a guarantee against the constitutional rights of persons. or groups of poor people in Central Java.

The underlying materials set out in this Section Regulation, including understanding-understanding, asas and purpose, scope, staging of legal assistance, rights and obligations, terms, order of submission of applications, work, prohibition, funding, and other provisions, conditions, conditions, conditions, and conditions of the laws of the country. sanctions, transitional provisions and closing provisions.

II. ARTICLE BY SECTION Article 1

Is quite clear. Article 2

The letter a "asas of justice" is to place the rights and obligations of each person proportionally, properly, right, and orderly.

The letter b referred to "the principle of equality of rank within the law" is that every person has the same rights and treatment before the law and the obligation to uphold the law.

The letter c referred to "asas protection against human rights" is that each person is recognized as a person of person who are entitled to the same assistance and protection as well as impartial in accordance with the The dignity of his humanity is in front of the law.

The letter d referred to "the principle of openness" is to give the public access to the complete, true, honest, and impartial information in obtaining a guarantee of justice for the cause. The right to constitutional right.

The letter e referred to as "efficiency principle" is maximizing the granting of Legal Aid through the use of existing budget sources.

The letter f referred to as "asas effectiveness" is decisive. The appropriate achievement of the appropriate Legal Assistance.

The g-letter with "asas accountability" is that any activity and the end result of the Legal Assistance hosting activities must be accounted for to the community.

Article 3 is pretty clear

Article 4 Is Pretty Clear

Section 5 is fairly clear. Article 6

Verse (1) Clear Enough

Verse (2) These provisions do not reduce the obligation of the Advocate's profession to host Legal Aid under the Act on Advocacy.

Article 6 Is fairly clear

Article 7 Is fairly clear

Article 8 reasonably clear

Article 9 reasonably clear

Article 10 reasonably clear

Article 11 reasonably clear

Article 12 reasonably clear

Article 13 reasonably clear

Article 14 reasonably clear

Article 15 reasonably clear

Article 16 is reasonably clear

Article 16 Quite clearly Article 17 is quite clear Article 18

Verse (1) Quite clearly

Verse (2) Acquired the agreement cooperation because in the nature of the work plan is the binding that it contains the rights and obligations of each party.

Article 19 Is Clear Enough

Article 20 reasonably clear

Article 21 reasonably clear

Article 22 reasonably clear

Article 23 reasonably clear

Article 24 reasonably clear

Article 25 reasonably clear

Article 26 reasonably clear

Article 27 is clear enough

Article 28 is pretty clear

Article 29 is pretty clear

ADDITIONAL SHEET AREA OF CENTRAL JAVA PROVINCE NUMBER 67