Abstract
Legal aid in Indonesia, particularly in terms of access to justice, legal aid provided by the state for people is still pivoted on positive law. Laws regulating legal aid in Indonesia remain revolving around the number of cases and budget absorption targets given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with parameters written in the law inhibit those who need legal assistance if they are not categorized as the poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from justice. Access to legal aid is essential since the purpose of the law is justice. Besides, legal aid aims to provide justice for those who do not have law knowledge, in other words, blind to the law. Justice for all is the vein of legal aid which is inseparable from the right of legal aid for those in need. Legal aid can be administered by social institutions/legal aid agencies which should provide access to those who need legal assistance and those who are in dispute, be it poor or rich so that justice for all can be achieved. This research discusses the transcendental dimension of legal aid. This study used a descriptive research method intending to analyze legal aid from legal aid institutions viewed from the study of legal philosophy and legal aid with transcendental dimensions.
Highlights
The implementation of legal aid in Indonesia is originally targeted those who are economically incapable
Positive law promulgated by the state in the legal aid law should not be separated from humanitarian and justice values, which results in being unable to cover those in need of legal assistance, even though according to the constitution everyone is equal before the law
The implementation of legal aid in Indonesia still refers to positive law, which only provides it to the poor
Summary
The implementation of legal aid in Indonesia is originally targeted those who are economically incapable. Transcendental as Kuntowijoyo's perception is based on three aspects; humanization (amar ma'ruf), liberation (nahi Munkar), and transcendence (faith) These three points are the concept of legal aid which is expected to provide justice for all based on human values. Legal aid should be the right for all Indonesian people, regardless of rich or poor, capable or incapable, strong or weak, even the majority or minority, so that the state shall protect the whole people of Indonesia and the entire homeland of Indonesia and in order to advance general prosperity, to develop the nation's intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace, and social justice as expressed in the Preamble to the 1945 Constitution of the Republic of Indonesia. The data on legal aid recipients further are presented in sidbankum chart accessed on March 11, 2020, as follows: Chart data below are from 2020 to 11 March 2020 Statistic Report of Legal Aid Recipients (Based on Occupation)
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