Wijayanti, Asri
(2017)
LEGAL AID FOR MARGINAL COMMUNITIES.
Man in India, 97 (18).
pp. 251-262.
ISSN 0025-1569
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
Actions (login required)
 |
View Item |
![[img]](https://repository.um-surabaya.ac.id/style/images/fileicons/application_pdf.png)
