Existence of Paralegals in Providing Legal Aid in Indonesia

Rima Vien P. H., Siany Indria L., Atik Catur B.

2018

Abstract

Right to Justice (Access to Justice) is the constitutional right of every Indonesian citizen as mandated and guaranteed in Article 27 (1) of the 1945 Constitution. The manifestation of the right to justice is, among others, through legal aid to the poor and marginal. Legal aid in accordance with Law No. 16 of 2011 concerning Legal Aid formulates the role of paralegals, but the law does not regulate the definition and duties of paralegals in providing legal aid. This study aims to discuss the existence of paralegals in the provision of legal aid in Indonesia. This research is theoretical with a type of library research based on literature and combined with bibliographic research that focuses on ideas contained in the theory. Result of this research showed that the existence of paralegals in the provision of legal aid in Indonesia continues to experience ups and downs. To be able to carry out its role in providing legal aid paralegals do need an identity status and symbol recognized primary by the competent authority. But dilemma might occurs at the level of government policy regarding the definition and position of paralegals in the legal system in Indonesia; whether paralegals should be declared as a legal profession that has a place as a legal aid actor recognized by the state like other private professions. Although the benefits that come from formal recognition by the state can be accepted, this will eliminate independence and paralegals will enter the administrative and bureaucratic trap; there is standardized training, certification and membership given or removed by institutions that have authority based on government regulations.

Paper Citation

in Harvard Style

P. H. R., L. S. and B. A. (2018). Existence of Paralegals in Providing Legal Aid in Indonesia. In Proceedings of the Borneo International Conference on Education and Social Sciences - Volume 1: BICESS, ISBN 978-989-758-470-1, pages 477-481. DOI: 10.5220/0009022800002297

in Bibtex Style

@conference{bicess18,
author={Rima Vien P. H. and Siany Indria L. and Atik Catur B.},
title={Existence of Paralegals in Providing Legal Aid in Indonesia},
booktitle={Proceedings of the Borneo International Conference on Education and Social Sciences - Volume 1: BICESS,},
year={2018},
pages={477-481},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009022800002297},
isbn={978-989-758-470-1},
}

in EndNote Style

TY - CONF

JO - Proceedings of the Borneo International Conference on Education and Social Sciences - Volume 1: BICESS,
TI - Existence of Paralegals in Providing Legal Aid in Indonesia
SN - 978-989-758-470-1
AU - P. H. R.
AU - L. S.
AU - B. A.
PY - 2018
SP - 477
EP - 481
DO - 10.5220/0009022800002297