Legal Aid Institute Research Articles

West Sumatra Governor's Crisis Communication in The Air Bangis Agrarian Conflict

Land conversion often causes friction between the government and the community, which leads to conflict. West Pasaman is one of the districts in West Sumatra Province with the highest cases of agrarian conflict in West Sumatra. Data from the Padang City Legal Aid Institute shows that there are 25 cases of agrarian conflict in West Pasaman Regency, one of which occurred in Jorog Pigogah Patibubur. This research focuses on government crisis communication in dealing with conflict. Using the Two Ways Symmetrical Communication model, this research will analyze how the government-society narratives differ regarding the PSN Air Bangis proposal, the process of forming the narrative, and the communication strategy of the Governor of West Sumatra in managing the crisis. This research uses qualitative methods to analyze the management of narratives and conflicts between the Governor of West Sumatra, Mahyeldi Ansharullah and the Air Bangis community regarding the change in the status of forest areas that were originally cultivated by the community, to become production forest areas managed by the state. To obtain data, this research used interview and document study methods. Research shows that the crisis cannot be handled optimally because the crisis communication strategies used by the government have not been successful in managing the conflict.

The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice

The implementation of legal aid service standards, as outlined in Regulation No. 4 of 2021 by the Minister of Law and Human Rights of Indonesia, was expected to enhance the quality of legal aid services. However, in reality, suspects continue to experience inconsistent access to their rights, especially within the criminal justice system. This study aims to investigate the application of these standards across the police, prosecutor's office, and court sectors. Employing an empirical juridical approach with a qualitative and comparative study method, data was gathered through interviews and literature review, then analyzed using content and comparative analysis techniques. The findings reveal that the enforcement of legal aid service standards in the criminal justice system has been ineffective, marked by frequent violations of suspects' rights. These violations include providing indirect assistance, inadequate representation at various stages of trials, appointing advocates not affiliated with accredited LBH (Legal Aid Institute), and advocates displaying insufficient responsiveness and engagement in assisting suspects. Such violations significantly hinder suspects' access to justice within the criminal justice system.

STRENGTHENING THE JUSTICE SECTOR IN UKRAINE AND EUROPEAN ASSISTANCE IN RESPONSE TO RUSSIA'S AGGRESSION

This article examines the multifaceted assistance provided by the European Union and the Council of Europe to Ukraine in response to Russian aggression. It delves into the various forms of support, including financial, humanitarian and institutional assistance, with a particular focus on strengthening the judiciary. Through initiatives such as the Council of Europe Action Plan and the establishment of the Register of Damage, international partners are seeking to accelerate Ukraine's recovery and address human rights violations. The authors emphasise the importance of ongoing cooperation to strengthen Ukraine's resilience and democratic progress, advocating for continued support to promote peace and stability in the region. The authors provide a thorough analysis of the legal and regulatory framework and the criteria for European assistance to Ukraine. They emphasise the key role of the justice sector in ensuring good governance, upholding the rule of law and restoring violated rights. The study describes in detail the financial assistance envisaged in the Council of Europe's Action Plan for 2023-2026 entitled "Resilience, Recovery and Reconstruction". The analysis shows that EU financial assistance has been instrumental in addressing the challenges of sustaining the justice system. Economic support to the justice sector, which is monitored by the Council of Europe, aims, among other things, to strengthen judicial expertise, develop free legal aid institutions, formulate programmatic documents for prison reform, implement pilot projects for prison management recommended by the Council of Europe, and strengthen oversight mechanisms for penitentiary institutions. The authors conclude by stressing the need to promote the development of the justice sector and ensure its financial support as an integral part of effective public administration.

Optimalisasi Dana Pemerintah Kepada Lembaga Bantuan Hukum Untuk Mendukung Keadilan Bagi Masyarakat Miskin di Daerah Jawa Timur

Legal aid is an effort to help people who are not well-off in the legal field. Indonesian people, especially the underprivileged, consider legal aid as a form of legal protection. The formulation of the problem in this journal is how the role of legal aid institutions in increasing the availability and accessibility of legal aid for the poor in East Java, how to optimize government funds for legal aid institutions in order to create justice for the poor in East Java. The research method used is the normative juridical method with a statutory approach and a case approach. This research focuses more on analyzing the laws and regulations relating to the legal issues being addressed. The results found are that local governments can play an active role in supporting the legal aid budget for the poor, in accordance with the Legal Aid Law Article 19 Paragraph (1) and Paragraph (2). Strategic action is needed to improve the efficiency of legal aid to the poor and improve their access to justice. The provision of legal aid to the poor should be a top priority, by addressing issues that impede provision through planned actions. Efforts to improve access to justice for the poor in East Java should be directed at optimizing government funding for legal aid institutions. By doing so, it is expected to create an environment

REIMAGINING LEGAL AID INSTITUTION REGULATIONS TO ENHANCE LEGAL CLARITY

Purpose: to examine in depth the current LBH establishment arrangements. In addition, this study aims to formulate a regulatory formula for the formation of LBH that is appropriate and in accordance with the applicable legal context, with the main aim of realizing better legal certainty in supporting the mission of LBH in providing legal assistance to the community. Methods/design/approach: This research uses qualitative methods with a prescriptive research approach by describing data findings, both primary and secondary data, that have been processed and analyzed. Results: This research found that the regulations for the establishment of LAI/LAO in Indonesia need to be clarified, especially in terms of the status of the legal entity used. The status of the foundation dominates so that it becomes biased in carrying out its role as a legal aid institution to the community with consistency in the principles of the foundation regulated in Indonesian law. It is necessary to reformulate regulations that are more transparent and comprehensive for advocacy principles and can provide legal assistance to the community properly without being bound by limitations that may exist in the Foundation law. Conclusion: The dominant legal entity status for the Legal Aid Institute is in the form of a Foundation, a form of Foundation legal entity that has been the most appropriate to establish LAI/LAO in Indonesia because it has advantages, the foundation is non-profit and has no members, so it is more independent and cannot be intervened by any party. The provisions of legal entities in the Legal Aid Law, which are currently still based on Foundations and Associations, need to be supported by supervisory requirements in their implementation so as not to violate the essence of the enactment of the Foundation Law. Reformulation must result in clear legal aid institutions, protect human rights, provide equal access to justice, and achieve the desired level of legal certainty.

Reimagining Legal AID Institution Regulation to Enhance Legal Certainty

Purpose: This research aims to examine the regulations governing the establishment of Legal Aid Institutions (LAIs/LAOs) in Indonesia, with a focus on achieving necessary legal clarity to ensure their effective functioning. Method: This research employs a prescriptive research method, involving the description of primary and secondary data findings related to the regulations governing LAIs/LAOs establishment in Indonesia. The data are processed and analyzed to derive insights into the current legal framework. Result and Discussion: The findings indicate that the existing regulations concerning the establishment of LAIs/LAOs in Indonesia lack clarity, particularly regarding the legal entity status utilized. While foundation status predominates, its alignment with Indonesian legal principles requires further consistency. Therefore, this research underscores the need for more transparent and comprehensive reformulation of these regulations. Implication of the Research: Reforming the regulations governing the establishment of LAIs/LAOs holds significant implications for improving their efficiency and effectiveness. Such reforms can enhance access to justice, protect human rights, and ensure the proper functioning of LAIs/LAOs, thereby contributing to greater legal certainty and benefiting Indonesians in need of legal aid. Originality/Value: This research contributes to the existing literature by providing insights into the regulatory framework surrounding the establishment of LAIs/LAOs in Indonesia. By highlighting the need for reform and recommending clearer regulations, this study offers practical guidance for policymakers and stakeholders involved in legal aid provision, ultimately advancing the efficacy of legal aid services in Indonesia.

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

Effectiveness of Legal Aid Services in Joint Property Cases in Marriage at Partner Legal Aid Institutions Madani West Sulawesi

This study aims to analyze the problem of free legal aid for the weak and poor. This provision is regulated in the Legal Aid Law, which is the embodiment of Article 27 paragraph (1) and article 28D paragraph (1) which shows that everyone has an equal position before the law and is entitled to legal protection. The state has juridically arranged in such a way, so that justice can be felt by all levels of society, but the application of the law is still far from justice itself. This research is empirical legal research using a sociological juridical approach, which is an approach that emphasizes research that aims to obtain legal knowledge empirically. The results showed that LBH Mitra Madani as a structural institution, has provided legal assistance in litigation and non-litigation. In addition, LBH Mitra Madani also conducts legal counseling, community organizing, and training in the field of law. However, the obstacle is the absence of financial support from the government, because LBH Mitra Madani has not been accredited. The cases that have been accompanied from 2019 to 2022 amounted to 37 cases, where the cases handled by LBH Mitra Madani were dominated by civil cases. The obstacles of LBH Mitra Madani in providing legal assistance are legal substance and legal structure. By regulation, legal assistance provided by LBH Mitra Madani to the poor should be free. However, in fact, LBH Mitra Madani still collects fees from every client who is given legal assistance, this is because LBH Mitra Madani has not received financial assistance from the Government. In addition to substantial factors that are obstacles to the effectiveness of LBH Mitra Madani in providing legal assistance are legal structure factors, which include law enforcement institutions (police, prosecutors, courts and advocates).

Implications of Changes in the Criminal Procedure Law of the ITE Law on Individual Rights in the Indonesian Legal System

The revision of the Electronic Information and Transactions Law (UU ITE) in Indonesia has become a hot topic of debate. Institutions and activists such as the Institute for Criminal Justice Reform (ICJR) and the Press Legal Aid Institute (LBH Pers) have presented various arguments regarding the impact of these changes. This article outlines the five main arguments advanced by the ICJR and LBH Pers. First, there is an objection to Article 27 paragraph (3) which regulates insults and defamation. Second, changes in criminal procedural law raise concerns about the discretionary authority of law enforcement officials without involving the courts. Third, the addition of cyberbullying-related crimes raises concerns about the potential for over-criminalization. Fourth, governments are given additional powers to filter and block content, which can result in potential abuse. Finally, the fifth argument relates to the "right to be forgotten" clause which can be used as a tool of censorship against news publications and journalists about one's past. This article also examines the impact of information technology developments on computer crime and underscores the importance of protecting individual rights and free speech in the digital age.

Environmentalism for Nature to Environmentalism for Profit

This research discusses the discourse related to the mining of andesite stone for the construction of the Bener Dam in Purworejo, Central Java, as part of the National Strategic Project. The discourse constructed among actors is highly diverse. The dominant discourse is led by the government, which views the use of the forest for environmentalism for profit, while local residents see the forest as environmentalism for nature. Michel Foucault's discourse theory on the production of knowledge and power underscores the discourses brought forth by the government, the community, and NGOs. Meanwhile, Anja Nygren's concept of environmental discourse complements the various discourses that have emerged. The objective of this research is to observe the dynamics and discourse constructed by pro and contra actors regarding the construction of the Bener Dam. The research utilizes both primary and secondary data, with primary data obtained through direct interviews with sources such as Indonesian Forum for the Environment of Yogyakarta, Community Movement for Environmental Care in Wadas Village (GEMPADEWA), and Legal Aid Institute of Yogyakarta. The conclusion drawn from this research is that the dominant discourse constructed by the government can influence public opinion, especially through negotiations that lead to mutually beneficial agreements.

ONLINE CONSULTATION APPLICATION AT THE WOMEN AND CHILDREN PROTECTION UNIT OF THE INDRAGIRI HILIR RESORT POLICE STATION

This study aims to determine the role of the Protection of Women and Childre in dealing with children in legal cases in the jurisdiction of the Indragiri Hilir Resort Police Station. The form of online counseling services is an alternative problem solving that makes it easier for people to consult regarding problems within the family. Online counseling services are also a place to respond to any complaints, protect and facilitate the handling of complaints submitted by victims and the public, where the privacy of victims and suspects will be protected according to their rights. The research uses waterfall analysis modeling using UML (Unified Modeling Language). This system is made using the PHP programming language, MySQL database. The designed application works in accordance with the system design mechanism at the beginning of the research object. The final result of this research is an online consultation application, where on this website the public can fill out a consultation form directly and view information that is directly related to counselors, the Legal Aid Institute, psychologists and therapists from the Women's and Children's Protection Unit Indragiri Hilir Resort Police Station

ANALISIS PENERAPAN AKUNTANSI BERDASARKAN ISAK 35 PADA KANTOR LEMBAGA BANTUAN HUKUM MAHARDIKA JAMBI

This study aims to apply accounting based on ISAK 35 at the office of the Mahardika Legal Aid Institute The concept of ISAK 35 allows non-profit oriented entities to adjust the description used by financial statements and the financial statements themselves include statements of financial position, comprehensive income statements, statements of changes in net assets, statements of cash flows, and notes to financial statements At the Mahardika Legal Aid Institute has not implemented or made reports to these financial statements. The purpose of this study is to find out how the presentation of financial statements at the Legal Aid Institute. The types of data used are primary data and secondary data. Data collection techniques are carried out using interview and documentation techniques. The data analysis method used is qualitative descriptive, which is a method that describes, describes, compares data and circumstances and explains a situation in such a way that a conclusion can be drawn. The research was conducted at the Mahardika Engineering Legal Aid Institute research.
 Based on the results of the analysis, the financial statements of the Mahardika Legal Aid Institute are not in accordance with ISAK 35 because the presentation of the financial statements of the Mahardika Legal Aid Institute still uses simple recording. The financial statements of the Mahardika Legal Aid Institute have not made a statement of financial position, comprehensive income statement, statement of changes in net assets, statement of cash flows, and notes to financial statements.

Women’s Empowerment in Madura Villages: Examining Female Resistance within the Patriarchal Power Structure and Political Dynasties

The position of village head (klebun) in Madura is predominantly held by men, suggesting patriarchal power and political dynasties. This study explores how women klebuns responded to the situation by empowering themselves and other women. The analysis uses qualitative descriptive methods and Foucault’s theory of power and legitimacy. Data was collected from observations of 11 women klebuns and in-depth interviews with four of them. The findings reveal that female klebuns face a choice between being extensions of their male relatives or being leaders themselves. To challenge the patriarchal constructs, they strategically use political influence, establish relationships with officials, and seek support from legal aid institutions. These efforts were made to address the issue of village security centering around the Madurese people in order to regain public trust. The study unveils the complexity of women’s empowerment in Madura’s male-dominated political landscape. This encouraged female klebuns to strive and transform the social and political dynamics, advocating for gender equality and challenging existing power structures. This research offers insights into promoting women’s political empowerment at the village level, and fostering gender equity in local governance, inspiring change in Madura and beyond.

Water Conflict Prevention Model in Indonesia

This study aims to formulate a model of water conflict prevention involving various groups of interest actors that spread after the era of decentralization was implemented in Indonesia. This research uses a qualitative approach with a narrative research strategy. Three cases of water conflicts that occurred in Batu (East Java), Klaten (Central Java), and Sleman (Yogyakarta) were used as the basis for formulating a water conflict prevention model. The data in this study were collected through in-depth interviews, participatory observations, documentation, and literature research. Research informants consisted: each research location selected three informants who had been involved in water conflict cases, activists of Yogyakarta environmental forums, one of Walhi East Java, an activist of Yogyakarta Legal Aid Institute, Surabaya Legal Aid Institute. The literature search was used to collect data from books, articles, research reports, theses, dissertations, and online mass media reports. Data analysis uses cyclical models through data collection, condensation, display, verification, and conclusions. The results showed that the formulation of the model needed for water conflict prevention in Indonesia includes: the participation of affected communities in policy planning of regional heads, monitoring systems for licensing information that is transparent, credible, accountable, and easily accessible to the public, firm and consistent enforcement of laws and regulations, providing a balance of finding aspirations and water rights from all stakeholders, prioritizing the sustainability of water resources, without criminalization of environmental warriors.
 Keywords: model, prevention, water, conflict, decentralization

Juridical Analysis of Providing Legal Assistance to Suspects in the Barelang City Police Investigation Process in Batam City

The implementation of the provision of legal assistance in the investigation process for suspects who have experienced criminal cases at the Police has not been optimal, due to the lack of coordination between the Police as investigators and the advocacy (Legal Aid Institute), in implementing the provisions for protecting the rights of suspects. This research aims to find out how the provision of legal assistance to suspects in the investigation process at the police is implemented. How to implement the provision of legal assistance to suspects in the investigation process at the Criminal and Investigation Unit of the Barelang City Police. What are the obstacle factors and solutions in providing legal assistance to suspects in the investigation process? at the Barelang City Police Criminal and Investigation Unit. This research uses a normative juridical research method that is descriptive analysis, namely research carried out by examining library materials (secondary data) or library legal research. To obtain primary data, field research was carried out in the form of interviews. The obstacles faced by legal aid institutions in providing legal aid to suspects are: Lack of communication between legal aid providers and investigators,The attitude of investigators which is sometimes closed due to the view that a legal aid provider will hinder the investigation process, The existence of legal interpretation. differences between Legal Aid Institute Advocacy and Investigators regarding conclusions and investigations. Solutions related to the obstacles faced by Legal Aid Institutions in Providing Legal Aid to suspects are: The government needs to pay special attention to the implementation of legal aid in accordance with Law Number 16 of 2011 concerning Legal Aid, Increase coordination between the Police and Legal Aid Institutions relating to the availability of legal aid providers for victims and perpetrators of criminal acts who are poor (poor), Collaborating between the Police as investigators and the Legal Aid Institute in socializing or providing legal education regarding legal aid to the community.

The Pattern of Legal Aid Institutions Towards Protection for Victims of Sexual Violence in Medan City

North Sumatra Women's and Children's Empowerment Service data from 2019 recorded 216 cases. In 2020, sexual violations or criminal demonstrations of sexual viciousness increased to 1,013 cases, and by December 2021, the number dropped to 953 cases in the city of Medan. The government has continued its efforts to protect its citizens who are vulnerable to sexual violations or criminal demonstrations of sexual viciousness since the birth of Act No. 12 of 2022, involving legal aid institutions in providing protection to victims. The purpose of this research is to learn the legal instruments and patterns of protection of the Legal Aid Institute for victims of sexual violations or criminal demonstrations of sexual viciousness. The research method used is juridical through case study approaches and conceptual approaches. Data collection techniques by means of observations, interviews, and field documentation are qualitatively processed and analyzed descriptively. Research results show that legal instruments for the protection of victims of sexual violations or criminal demonstrations of sexual viciousness are not only in the Criminal Code but also in the Penal Code of Sexual Violence and the Child Protection Act. The protection pattern carried out by the Legal Assistance Agency is through the standard operational processes of internal procedures with the approach of structural legal assistance systems and structural gender legal assistance.

Implementasi Bantuan Hukum Litigasi dan Non Litigasi Melalui Lembaga Bantuan Hukum Universitas Lancang Kuning

Legal aid is a constitutional right for every citizen to ensure protection and equality before the law, as an effort to recognize Human Rights (HAM). Receiving legal aid is a manifestation of access to justice, which is the implementation of guarantees of legal protection and equality before the law. This principle is in line with the concept of legal aid which is related to the ideals of a welfare state. Legal aid also plays a significant role in the Criminal Justice System and the State Administrative Justice System as an integral part of protecting human rights for every individual, including the right to legal aid. This right is considered a very important right for every citizen, especially in the context of legal proceedings, especially criminal law and state administrative law, where the defendant cannot defend himself. The government has provided free legal aid for underprivileged people, but many are still not aware of this, causing them to feel that they are not supported by the government. This article details the realization of legal assistance related to both litigation and non-litigation cases related to the Lancang Kuning University Legal Aid Institute.

RIGHT TO LEGAL ASSISTANCE FOR COMMUNITIES UNABLE TO OBTAIN JUSTICE ACCORDING TO HUMAN RIGHTS PERSPECTIVE

The importance of legal aid in creating justice in the context of fulfilling human rights certainly makes the obligation to provide legal aid by both the central and regional governments is important to be implemented. In terms of practical aspect, it has so far shown that people. Especially those who are unable to access justice, legal aid is still inadequate. Legal aid activities carried out by legal aid activists, from campus legal aid institutions, mass organizations, political parties, and non-governmental organizations are still not optimal, due to administrative problems and the legalization of legal aid practices. This research is very important, considering the enormous benefits that come with it are not only visible when the implementation of legal assistance to the community is unable to be carried out effectively, but also in the form of a new legal perspective and reform regarding equal distribution of justice.

Analisis Peran Dan Dampak Bantuan Hukum Oleh Lembaga Yayasan Harapan Riau Sejahtera Dalam Mewujudkan Keadilan Bagi Masyarakat

This research evaluates and enhances the effectiveness of legal aid provided by the Legal Aid Institution of the Yayasan Harapan Riau Sejahtera, which focuses on economically disadvantaged communities. The research methodology involves causal analysis, interviews, informal dialogues, and participatory observations. The author examines the case handling process, the sustainability of legal solutions, as well as client satisfaction and understanding. While the institution makes a positive contribution to access to justice, the research identifies implementation challenges. The evaluation encompasses case handling efficiency, resource availability, and efforts to improve legal understanding within the community. This study provides in-depth insights and recommendations to improve service effectiveness, with implications as a basis for changes in the legal aid institution and related stakeholders to optimize legal services for those in need.

The Role of Legal Aid And Consultation Agencies Faculty of Law University of Muhammadiyah Sukabumi to Prevent Domestic Violence

This research was motivated by the ineffectiveness of the efforts of the government and social institutions, law enforcement agencies in reducing the number of domestic violence that occurs in the community, and especially for the role of legal aid institutions that provide legal assistance in assisting domestic violence cases is still ineffective, because people who need legal assistance in accessing legal aid in domestic violence cases are still low, especially people in the Sukabumi Regency area in terms of prevention and Legal assistance in domestic violence cases by Legal Aid Providers is still not well coordinated. Therefore, research was conducted with concrete objectives on how to step the strategy pattern of the role of the Legal Assistance and Consultation Institute (LBKH) Faculty of Law, University of Muhammadiyah Sukabumi, in tackling domestic violence crimes in Sukabumi. The research method used is descriptive-analytic, that is, explaining existing data from relevant materials and analyzing them with reference to juridical foundations. The wrong approach that will be taken is to make observations in advance of an existing problem by being studied qualitatively and quantitatively, making a pattern the concept of handling the provision of legal assistance between LBKH and the Local Village Area. The results showed that with a pattern of strategic concepts applied between the cooperation of LBKH and the local village government, it can be possible to emphasize domestic violence cases in Sukabumi Regency by also focusing on the concept of domestic violence together with social institutions, law enforcement, and other institutions. With legal aid institutions in the regions tackling domestic violence cases in the community, solutions can be found by forming a pattern of joint handling concepts both in terms of prevention and legal assistance can run effectively, especially so that the role of legal aid institutions in providing legal assistance for domestic violence cases is maximized, especially in terms of prevention and legal assistance.