APPLICABLE LOCAL REGULATIONS REGIONAL DISTRICT 1 in MUSI RAWAS number 9 by 2013 ABOUT LEGAL ASSISTANCE free of charge by the GRACE of GOD ALMIGHTY the REGENT of MUSI RAWAS, Considering: a. that in order to provide legal aid for the poor in the District of Musi Rawas Regency Government concern existed simultaneously in Musi Rawas in realizing access to justice according to principles of equality in the face of the law; b. that appropriate the provisions of article 7 paragraph (1) and paragraph (2) of Act No. 16 of 2011 on legal aid, the region can allocate a budget organization of the legal aid Budget of income and Expenditure in areas that are defined by local regulations; c. that based on considerations as referred to in letter a and letter b, need to set local regulations concerning legal assistance free of charge. Remember: 1. Act No. 28 of 1959 concerning the formation of Regencies and Township in South Sumatra (Indonesia Republic Gazette 1959 Number 73, an additional Sheet of the Republic of Indonesia Number 1821); 2. Act No. 39 of 1999 on human rights (State Gazette of the Republic of Indonesia year 1999 Number 165, an additional Sheet of the Republic of Indonesia Number 3886) 3. Act No. 18 of 2003 about the Advocate (Gazette of the Republic of Indonesia Number 49 in 2003, an additional Sheet of the Republic of Indonesia Number 4288); 4. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as amended several times with the Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 5. Act No. 12 year 2011 about the formation of Legislation (Sheet 2 of the Republic of Indonesia Number 82 in 2011, an additional Sheet of the Republic of Indonesia Number 5234); 6. Act No. 16 of 2011 on legal aid (State Gazette of the Republic of Indonesia Number 104 in 2011, an additional Sheet of the Republic of Indonesia Number 5248); 7. Government Regulation Number 58 in 2005 about the financial management area (State Gazette of the Republic of Indonesia Number 140 in 2005, an additional Sheet of the Republic of Indonesia Number 4578); 8. Regulation of the Minister of Internal Affairs RI Number 53 in 2011 on the establishment of Regional Legal Products (the Republic Indonesia in 2011 Number 694); With the approval of the REGIONAL HOUSE of REPRESENTATIVES Joint REGENCY MUSI RAWAS and REGENT of MUSI RAWAS DECIDED: setting: LOCAL REGULATIONS CONCERNING LEGAL ASSISTANCE free of charge. CHAPTER I GENERAL PROVISIONS article I in the regulation of this area are: 1. Musi Rawas Regency is the Regency. 2. County Government is the Musi Rawas Regency Government. 3. The Regent of Musi Rawas was the Regent. 4. Legal aid free of charge Legal Assistance is hereinafter referred to legal services provided by the legal aid Giver by not issuing any cost to the recipient of legal aid. 5. The legal Section is part of the law of Musi Rawas Regency Setda. 6. the legal aid Beneficiary is a person or group of people are poor. 7. Legal aid Givers are legal aid institutions or organizations that provide community services legal aid based on the regulation of this area. 8. Legal aid is Standard implementation guidelines the granting of legal aid established by the Regents. 9. the code of ethics of advocates is the code of ethics set by the organisation of the profession of advocate of advocates.
3 10. An advocate is a person who gives legal services profession, both within and outside the Court meet the requirements based on Act No. 18 of 2003 about the advocates. 11. Litigation is the completion of the matter through the courts. 12. Non Litigation is the completion of the matter out of court. Article 2 legal aid is implemented based on the principle of: a. Justice; b. position of the equation within the law; c. openness; d. efficiency; 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 Musi Rawas Regency area; 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 problems inform. (2) legal assistance referred to in subsection (1) include keperdataan, criminal law matters, and the State both litigation and litigation. (3) legal assistance referred to in subsection (1) include running power, accompany, representing, defending, and/or conduct other proceedings for the benefit of the recipient of legal aid law. 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.
4 CHAPTER III ORGANIZING LEGAL AID article 6 (1) legal aid organized to help resolve legal issues which are both litigation and litigation facing the recipient of legal aid. (2) the granting of legal aid to the recipient of legal aid organized by the Bureau of Justice and human rights and implemented by legal aid Giver based on the regulation of this area. (3) the Bureau of Justice and human rights as referred to in paragraph (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 and promotes the granting of legal aid to the village and ketingkat village; d. administer the legal aid budget effectively, efficient, transparent and accountable; and e. develop and submit a report to the legal aid organization of Representatives of Musi Rawas Regency Area. Article 7 (1) to carry out the tasks referred to in article 6 paragraph (3), the legal authorities: 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 the regulation of this area; b. verifying the application for legal aid free of charge; and c. verifying the institution of legal aid society or organization that has been terakriditasi on the basis of legislation to meet the feasibility as the giver of legal aid. (2) the verification referred to in paragraph (2) Letter c is carried out by the appropriate Laws and regulations in force. (3) the verification referred to in paragraph (2) is performed every three (3) years. (4) further Provisions regarding the procedures for verification as referred to in paragraph (2) Letter c is regulated by regulation of Regent. CHAPTER IV LEGAL AID GIVER article 8 (1) the implementation of legal aid conducted by the legal aid Givers who are qualified based on the regulation of this area. (2) the terms of the giver of the legal assistance referred to in subsection (1) include the following: a. the legal body;
5 b. accredited based on law; 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. perform or advocate against the recruitment of lawyers, professors and students of the Faculty of law at the end of College-level accredited; 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 County Government to carry out legal aid based on the regulation of this area; e. issuing opinions or statements in defense of something that becomes her responsibilities in the siding of the Court according to the provisions of legislation. Article 10 legal aid Givers is obliged to: a. report to the Regents through the Law on the Organization of the programme budget and the use of legal aid every 6 (six) months; b. 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 by law; and c. provide legal aid to the recipient of legal aid based on the terms and procedures prescribed in the regulations in this Area 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 etikad both inside and outside siding court 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.
6 b. Legal Assistance 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 containing at the lack of identity of the applicant and a short blurb about the fine points of Legal Aid issue appealed; 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 and be known by 2 (two) people of the local community leaders. (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, notify in writing and include a pedestal an rejection to potential legal aid recipients. (5) further Provisions regarding the terms and procedures for the granting of legal aid is governed by the rules of Regent.
7. CHAPTER VII FUNDING article 16 (1) the legal aid Funding is required and is used for organizing legal aid in accordance with the rules of this area is charged to the income and Expenditure Budget of the region. (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) County Government is obliged to allocate funds holding of legal aid in the budget revenue and Shopping area. (2) a legal aid organization of Funding sebaimana referred to in subsection (1) is allocated in the budget Sections of the law. 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 by the rules of Regent. CHAPTER VIII RESTRICTIONS article 19 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 article 20 SANCTIONS violation of code of conduct by legal aid givers sanctioned code of ethics as set forth by the Organization advocates. Article 21 legal aid Givers who 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 19, are convicted with imprisonment of not longer than 1 (one) year or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah).
8. CHAPTER X PROVISIONS COVER section 22 things that haven't quite set in the regulation of this area is all about their implementation will be further defined by regulation Regent with based on the provisions of the applicable legislation. Article 23 Regulations this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the sheet Musi Rawas Regency Area. Set in Lubuklinggau on 4 December 2013 REGENT of MUSI RAWAS, dto RIDWAN MUKTI Enacted in Lubuklinggau on 4 December 2013 MUSI RAWAS REGENCY SECRETARY, dto h. ISBANDI ASRYAD, S.H., M.Si. THE MAIN BUILDER OF THE YOUNG NIP. 19580917 197902 1 001 SHEET MUSI RAWAS REGENCY AREA by 2013 the NUMBER 9 Copies in accordance with the original REGENCY MUSI RAWAS REGIONAL SECRETARIAT head of the legal department MUKHLISIN, SH, MH. The Builder NIP. 19700623 199202 1 003