Sunday, July 31, 2011

Organization Advocates and Legal Aid Program in Indonesia

Advocate as part of an officer of the court has a key position in the process of legal enforcement and protection of human rights as part of the process including the monitoring mechanism of action - action taken by law enforcement officials - officials who are involved in law enforcement. Therefore it is not wrong if an advocate has been named as officium Nobelium (noble profession) because the whole tindakannnya should be based on the struggle for human rights protection. Due to the nature of these lawyers, the organization advocates actually capable of taking a large role in the struggle for human rights protection worldwide.

Organization advocates a large role in the struggle for human rights protection is basically an organization should be manifested through the involvement of lawyers in legal aid program. Basically advocate organizations must provide effective support to the legal aid program. For organizations that advocate should also come down and be actively involved in urging the state to guarantee every citizen of legal assistance to the poor in his country.

In Indonesia, legal assistance program established at the initiative of the organization advocates also have not become a long history. This occurs because the organization advocates in Indonesia there are also new for the first time on August 30, 1964 marked the establishment of Indonesian Advocates Association (PERADIN) as an organization representing the interests of lawyers in Indonesia. However, shortly afterwards, in 1969 PERADIN began to take part in the legal aid program which is marked by the establishment of Legal Aid (now known as the LBH Jakarta) in 1970. Since then PERADIN initiated the establishment of Legal Aid - Legal Aid in several major cities in Indonesia until 1980.

At IKADIN formed in the 1980s and also at times - hard times since the emergence of diverse organizations advokatpun, basically advocate organizations in Indonesia never forget the legal aid program as one of the strategic programs of the organization advocates. However, in general, legal aid programs run by the organization advocates are still based on the voluntary nature of the program committee of the organization's legal aid lawyers, and not become a massive movement of the movement advocate organization with the involvement of members of the organization's lawyers. Although at the same Code of Ethics of Advocates has required a lawyer to provide legal assistance to the poor if requested by the poor.

The problem, of course impact the group of poor people who need access to justice. Because so many cases - lawsuits involving the poor but the organization advocates for legal aid service providers turned out to still have a minimal capacity to provide legal aid services for the poor. This impact will be more so if the poor are caught in criminal matters to which it is possible the poor will be deprived of liberty without enough defense. This can happen bilaketersediaan advocates to provide the maximum defense is still a little bit.

Until now there is no data, how many poor people can access legal aid services provided by the organization advocates. Making it difficult to know with certainty whether the legal aid program run by the organization advocates can run effectively or not and also hard to measure how far the level of satisfaction of the poor who access legal aid services provided by the organization advocates.

With the establishment of a single container embryo KKAI as an advocate for the welcome presence of the Advocate Law, the seven organizations that advocate in Indonesia has adopted a Code of Conduct together known as the Code of Ethics of Indonesian Advocates and amendments adopted on October 1, 2002. Article 7 letter h has stated that "the Advocate has a duty to provide legal assistance free of charge (pro Deo) for people who can not afford. In addition Article 4 letter f is also asserted that "Advocates of free legal costs should give the same attention as to the matters for which he received in fees."

Given this provision, legal aid has become an inherent part of the profession and to advocate that it should breach this duty of legal aid is an area that became the jurisdiction of the ethics of the organization advocates.

Until the formation period KKAI this author has not found a progressive organization that advocates called for the involvement of members to be actively involved and missal in the legal aid program organized by the advocate organization, including thinking about how the procedures for granting legal aid through an advocate organization. The story - the story of sporadic about legal aid lawyers organized by the organization when it was audible but not in unitary steps and active involvement of the missal of members of the organization's lawyers.

With the enactment of Law No. 18 Year 2003 on Advocates on 5 April 2003, which in Article 22 of Law No. 18 of 2003 the ethical obligations of an advocate of legal aid has been turned into a legal obligation of lawyers and legal assistance arrangements and mechanisms, including how the organization advocates can play a role in legal assistance provided in a Government Regulation

In terms of liability provision of this assistance, the authors argue that the legislator Advocates conceptually wrong in interpreting the legal aid so that an obligation to put into legal obligation for advocates. Advocate Law in principle has transferred the responsibility and constitutional obligation of states to organize legal aid for the poor and vulnerable groups. Constitutional responsibilities and obligations of this country is a logical since Indonesia has unequivocally declared itself as a state law. In addition, Article 28I paragraph (4) has stated that "the protection, advancement, upholding, and fulfillment of human rights is the responsibility of the state, especially the government." In this context, the process of transfer of responsibilities and constitutional obligations of the state in a matter of legal aid to lawyer and advocate organizations should get sharper scrutiny. Constitutional responsibility of states to provide a national legal aid system which can be accessed by the poor in Indonesia at least can be found in Article 27 paragraph (1), Article 28D Paragraph (1), Article 28 H (2), Article 28 I subsection (2), and Article 34 of the 1945 Constitution.

However there is a conceptual error on legal aid in the Advocate Law, but the role of the advocate is not small, because on the shoulders of advocate organizations are legal aid oversight functions performed by advocates. The organization advocates should ensure that each member did not violate professional ethics and conduct while receiving legal assistance requests. The organization advocates should also ensure that every poor person who had legal problems and come to the office - an advocate's office will not experience discrimination because of their socioeconomic circumstances. Just at this point that the organization advocates can perform its important role.

PERADI as an advocate organization with a membership of more than 15,000 across Indonesia have been attempting to take an important initiative shortly after the promulgation of Regulation No. 83 Year 2008 on Terms and Procedures for Issuing Legal Aid. PERADI important initiative taken is to establish Legal Aid Center on May 11, 2009 as a unit specifically to manage the implementation of legal aid by members PERADI. One of the changes can be considered revolutionary is the establishment of Legal Aid Centre is then expected the active involvement of 15 thousand members of the legal aid program. The point of distinguishing with other legal aid organizations are legal aid work unit are based on 15 thousand members PERADI and do not hire lawyers in providing legal aid services.

As a follow up to the establishment of the Legal Assistance Centre, has also ratified PERADI PERADI Regulation No. 1 of 2010 on Provision of Legal Aid Guidelines on July 8, 2010 which affirms that every member PERADI shall provide legal assistance with the implementation of a minimum of 50 hours / year. Normatively, it must be admitted that PERADI has shown progress in the legal aid program by trying to involve 15 thousand members in the program. But on the other side of barriers and other challenges arise in its implementation. One of the most easily identified is how to communicate with 15 thousand members PERADI spread across Indonesia that have been imposed on them obligations of the legal aid provisions. Another problem that arises is this regulation do not see how with the proper legal aid funding is available because, according to the applicable provisions that are made free legal aid services is all about the cost of services of a lawyer. The absence of support mechanisms operational costs of both countries, through the Legal Aid Act, or of the advocate organization can certainly be exploited by parties - parties that bad beritikat them by requesting funds from the applicant for legal aid. On the other hand is only asserted PERADI Regulations ban applicant receives funding from Legal Aid for any interest in legal aid activities. Another challenge of course about the mechanism of supervision of lawyers who do legal aid activities. PERADI regulation is still explain how the poor can access complaints against lawyers - lawyers who are suspected of breach of ethics in front of the Honor Council.

It - it certainly should be answered by PERADI, due to effective legal assistance program is expected PERADI and members can certainly take the frontline of defense of human rights in Indonesia and also to answer the public concerns in Indonesia that only the rich are allowed to be represented by Advocate

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