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Regulatory Region Number 9 By 2013

Original Language Title: Peraturan Daerah Nomor 9 Tahun 2013

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MUSI RAWAS COUNTY COUNTY REGULATION NUMBER 2013

ABOUT

FREE LEGAL ASSISTANCE

WITH THE GRACE OF GOD ALMIGHTY

BUPATI MUSI RAWAS,

Draw: a. that in order to provide legal assistance to the poor people in Musi Rawas Regency and the concern of the Government of Musi Rawas Regency in realizing access to justice according to the principle of similarity in advance of the law;

b. that under the terms of Article 19 of the paragraph (1) and paragraph (2) of the Law Number 16 Year 2011 on Legal Assistance, the area may allocate the budget of the Law Assistance in the Revenue Budget and Shopping Area specified by the County rules;

c. that based on consideration as in letter a and letter b, it is necessary to establish the Regional Regulation on the Help of the Law of Cuma-Only.

Given: 1. Law No. 28 of 1959 on the Establishment of a Level II and Kotapraja Region in South Sumatra (State of the Republic of Indonesia in 1959 No. 73, Additional Gazette of the Republic of Indonesia Number 1821);

2. Law Number 39 of 1999 on Human Rights (Sheet State Republic Of Indonesia In 1999 Number 165, Additional Sheet Republic Of Indonesia Number 3886)

3. Act No. 18 of 2003 on Advocates (Sheet State Of The Republic Of Indonesia In 2003 Number 49, Addition Of State Sheet Republic Indonesia Number 4288);

4. Law No. 32 of the Year 2004 on the Government of Regions (State of the Republic of Indonesia 2004 No. 125, Additional Gazette of the Republic of Indonesia No. 4437), as amended in the last few times by Act No. 12 2008 About The Second Change Of The Law Number 32 Of 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);

5. Act Number 12 Year 2011 on the Establishment of the Legislation Invitation (Sheet

)

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The State Of The Republic Of Indonesia In 2011 Number 82, Additional Sheet Of The Republic Of Indonesia Indonesia Number 5234);

6. Act Number 16 Year 2011 on Legal Aid (State Sheet Indonesia 2011 Number 104, Additional Gazette Republic of Indonesia Number 5248);

7. Government Regulation No. 58 of 2005 on the Financial Management Of The Area (sheet Of State Of The Republic Of Indonesia In 2005 Number 140, Additional Gazette Of The Republic Of Indonesia Number 4578);

8. The Regulation of the Minister of the Interior of Indonesia No. 53 of 2011 on the Establishment of the Product of the Regional Law (Indonesian State News 2011 Number 694);

with the Joint Agreement of the People's Representative Council of the District of Musi rawas

and

BUPATI MUSI RAWAS

DECIDED:

SET THE AREA: REGIONAL REGULATIONS ON FREE LEGAL AID.

CHAPTER I OF THE GENERAL PROVISION

Article I

In This Region Regulation referred to:

1. District is Musi Rawas County.

2. The Government of the Regency is the Government of Musi Rawas Regency.

3. " Bupati is the regent of Musi Rawas.

4. The assistance of the Law of Cuma-Only further is called Legal Aid is a legal service provided by the Help of the Law by not issuing any charges to the Receiver of Legal Assistance.

5. The Legal Section is the Setda Law Section of Musi Rawas Regency.

6. The recipient of the Legal Aid is a person or group of poor people.

7. A Legal Aid is a legal aid agency or a correctional organization that provides Legal aid services based on the Regulation of this area.

8. The Law for Legal Assistance is the guidelines for the implementation of the Law Assistance provided by the Regent.

9. The Advocate's Code of Ethics is a code of conduct established by the organization of the advocate of the profession that applies to the Advocate.

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10. An advocate is a person of legal service, both inside and outside the court that meets the requirements under the Act No. 18 of 2003 on the Advocate.

11. Litigation is the settlement of matters through the courts.

12. Non Litigation is a case settlement outside the court.

Article 2 The Legal Aid is exercised on the basis of the principle:

a. justice;

b. equation of position in the hokum;

c. openness;

d. efficiency;

e. effectiveness; and

f. accountability.

Article 3 The Legal Aid aims for:

a. ensuring and fulfilling the right for Legal Assistance Recipients to obtain justice access;

b. embody the constitutional right of all citizens in accordance with the principle of the equality of rank within the law;

c. guarantees the certainty that the holding of Legal Assistance is exercised evenly across the territory of Musi Rawas County; and

d. embody the effective, efficient, and accountability judiciary.

BAB II

SCOPE

Article 4 (1) The Law Assistance is provided to the Legal Assistance Recipients who face the hokum problem.

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

(3) The aid of the Law as referred to in paragraph (1) includes the exercise of power, Accompanying, representing, defending, and/or committing other legal actions for the benefit of the hokum Recipient of the Legal Help.

Section 5

(1) The Legal Assistance Recipient as referred to in Section 4 of the paragraph (1) includes any person or group of poor persons who cannot fulfill a proper and self-sufficient basic right.

(2) The basic rights as referred to in verse (1) include the rights to food, an institution, health care, education services, employment and endeavour, and/or housing.

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CHAPTER III OF LEGAL ASSISTANCE

Section 6

(1) The Legal Assistance is held to help resolve the pending litigation and non-litigation that the recipient faces. Legal Assistance.

(2) The granting of Legal Assistance to the Legal Aid Recipient is organized by the Bureau of Law and Human Rights and is implemented by the Law Assistance Service under this Regional Regulation.

(3) The Bureau of Law and Human Rights as contemplated on the paragraph (2) in charge:

a. assemble and establish the policy of holding legal assistance;

b. Drafting and establishing legal aid standards based on the principles of legal assistance;

c. devised a legal aid budget plan and socialized legal aid to the village level and the agility;

d. manage the legal assistance budget effectively, efficiently, transparently, and accountable; and

e. assemble and deliver the report of the Legal Assistance to the Regional People's Representative Council of Musi Rawas Regency.

Article 7 (1) To carry out the duties as referred to in Article 6 of the paragraph (3), the Legal Section:

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 the Regulation of this area;

b. Perform verification of the Legal Help request-Only; and

c. perform a Verification of a legal aid agency or an accredited institution based on the Invite-Invite to meet the eligibility as a Legal Assistance:

(2) Verification as referred to in paragraph (1) the letter c is exercised by the Section of the Law in accordance with the applicable Perundang-Invitation rules.

(3) Verification as referred to in paragraph (2) is performed every 3 (three) Years.

(4) Further provisions of the verification manner as Referred to in paragraph (1) the letter c is governed by the Regent Regulation.

BAB IV

LEGAL ASSISTANCE, Section 8

(1) The implementation of the Legal Assistance is performed by the Eligible Legal Assistance based on the basis of the IBM International Basic General Terms. The rules of this area.

(2) The Terms of the Law Assist Terms as referred to in paragraph (1) include:

a. the legal entity;

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b. accredited based on Undang-Undang;

c. has a fixed office or secretariat;

d. has the administrator; and

e. have a Legal assistance program.

Article 9

The Legal Aid reserves the right:

a. conduct recruitment against an advocate or lawyer, lecturer and final-level law faculty at an accredited College;

b. perform Legal Assistance services;

c. organizes legal counseling, legal consulting, and other activities programs related to the implementation of Legal Aid;

d. receive a budget from the Government of the County to carry out Legal Assistance under the Regulation of this area;

e. Issuing an opinion or statement in defense of a matter that is responsible in the proceedings in accordance with the provisions of the laws.

Section 10

The Legal Assistance is obligated to:

a. Reporting to the Regent through the Legal Section about the hosting and use of the Legal Assistance program budget every 6 (six) months;

b. maintaining the confidentiality of data, information, and/or information obtained from the Legal Aid Recipient regarding the matters being handled, unless specified by an invitation; and

c. provide Legal Assistance to the Help Receier The laws are based on the terms and conditions specified in the Regulation of this Area until the event is completed, unless there is a legal legal reason.

Article 11

The Legal Aid cannot be prosecuted by data or criminal in providing the Legal Aid that is the responsibility that is being done with etikad both in and outside the court siding in accordance with the Standards of Legal Assistance under the laws and/or the Code of Conduct.

CHAPTER V THE RIGHTS AND OBLIGATIONS OF THE LEGAL AID RECIPIENT

Article 12

Legal Help recipients are entitled:

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.

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b. Obtain 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 Legal Assistance in accordance with the provisions of the laws.

Section 13 Of mandatory Legal Assistance:

a. Provide the correct information, information, and/or information to the Legal Aid.

b.

Section 14 (1) To obtain Legal Assistance, the Legal Help applicant must meet the terms:

a. submit a written request containing the following-lack of applicant's identity and a brief description of the subject matter which the Legal Aid is motionless;

b. Submit a document with regard to the case; and

c. attach a poor letter from lurah, village head, or an official in the residence of the Legal Aid Applicant and are known to 2 (two) people of the public. local.

(2) In the case of a Legal Aid applicant is not able to draft a request in writing, the plea may be submitted orally.

Article 15 (1) The Legal Aid applicant is applying for Legal Assistance to the Help Law.

(2) Legal Aid in the most prolonged period of 3 (3) business days after a Legal Aid request is declared complete must provide the answer to receive or reject the request for Legal Assistance.

(3) In terms of the request for Legal Aid is accepted, the Legal Aid provides Legal Aid based on the letter of power special of the Legal Assistance Recipients.

(4) In the event of an invocation of the Law Help, the Legal Aid is notified in writing and lists the provision of the refusal to be the recipient of the legal aid.

(5) Further provisions Regarding the terms and conditions of the granting of the Legal Assistance are governed by Keep it.

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BAB VII

FUNDING

Article 16 (1) The necessary Legal Aid funding and use for the implementation of Legal Assistance in accordance with the Regulation of this Section is charged to the Revenue Budget and Regional Shopping.

(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.

Article 17 (1) The Regency Government is obliged to allocate the holding of Legal Aid in the Regional Revenue and Shopping Budget.

(2) The Funding of the Organization for Assistance The laws of which are referred to in paragraph (1) are allocated on the statutory budget of the Law.

Section 18 Further provisions on the manner of the transfer of the Legal Aid fund as referred to in Section 16 of the paragraph (1) to the Statutory Assistance of the Law. set up with the Bupati Rules.

BAB VIII LARLING

Article 19

Legal Assistance is prohibited from receiving or requesting payments from Legal Aid and/or other parties related to the case in which the Law Help is being treated.

BAB IX

SANCTION Article 20

A violation of the code of conduct by the legal aid provider is subject to a code of conduct as set forth by an advocate organization.

Article 21

The proven Legal Aid accepts or requests the payment of the Receiver Legal assistance and/or other parties related to the matters being handled As referred to in Article 19, it is penalised with the longest prison criminal 1 (one) of the year or a fine of the most Rp. 50,000,000,-(fifty million rupiah).

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CHAPTER X PROVISIONS CLOSING

Section 22

Things that have not been sufficiently set in this Area Regulation as long as their implementation will be further specified by the Regent Ordinance with the guideline on the provisions of the applicable laws.

Article 23

The rules of this section begin to take effect on the date of promulglement.

So that everyone knows it, instrucits the Regulation of this Area with the placement in the section of the Musi Rawas County Area.

Set in Lubuklinggau on December 4, 2013

BUPATI MUSI RAWAS,

dto

RIDWAN MUKTI

It was promulred at Lubuklinggau on December 4, 2013

SECRETARY OF THE COUNTY DISTRICT OF MUSI RAWAS,

dto

H. ISBANDI ASRYAD, S.H., M. Si. YOUNGER PRINCIPAL NIP. 19580917 197902 1 001

LEAF COUNTY SECTION OF MUSI RAWAS 2013 NUMBER 9

copies in accordance with the original "SECRETARIAT COUNTY DISTRICT")

Chief Law

MUKHLISIN, SH, MH. Tampon NIP. 19700623 199202 1 003