UMSurabaya Repository

LEGAL AID FOR MARGINAL COMMUNITIES

Wijayanti, Asri (2017) LEGAL AID FOR MARGINAL COMMUNITIES. Man in India, 97 (18). pp. 251-262. ISSN 0025-1569

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        Abstract

        Legal aid is needed for someone who is experiencing legal problems and is unable to pay for advocate orlawyers services. Law 16/2011 provides a guarantee of legal protection in the form of providing free legal aid to the community in need. The aid provider is limited to an accredited legal aid agency. The recipients of legal aid are limited to the poor and does not cover marginal society so that it is not maximally utilized by the community. The purpose of this research is to analyze legal aid system for marginal society in Surabaya. This legal research is normative by using statute approach and editing analysis style related to the provision of legal aid in Surabaya City. The result of the research is the legal aid system in Indonesia still contains the weaknesses in the substance and the procedure. The substance of the subject of the legal aid recipients is the poor resulting in multiple interpretations so as to resulting in legal uncertainty. The substance of the object in legal aid is the difference between rules and practices. In Surabaya City, only limited to the poor defendant. Should be according to the rule of law can be given for civil cases, criminal and administrative state. As a result, more and more of the other marginal communities are difficult to assist, for example in the public policy victim community. Procedures for providing legal aid are still inefficient. The conclusion of this study is the existence of multiple interpretations on the substance and procedure of legal aid. The legal subject of the legal aid recipient has not touched the non-poor marginal society in the city of Surabaya. Objects of legal aid law experience narrowing of meaning, limited to impoverished criminal actors. Procedures for providing legal aid still need to be simplified. The recommendationis that the revision of legal aid arrangements to be accessible to the marginal society, both the substance and the procedures. Keywords: legal aid; marginal society; poverty

        Item Type: Article
        Subjects: K Law > K Law (General)
        Divisions: Jurnal > Fakultas Hukum
        Depositing User: DR ASRI WIJAYANTI
        Date Deposited: 05 Mar 2019 17:01
        Last Modified: 05 Mar 2019 17:01
        URI: http://repository.um-surabaya.ac.id/id/eprint/3082

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