INDONESIA AND

LEGAL AID
MUHAMAD ISNUR

LBH Jakarta
(Jakarta Legal Aid Institute)
 INDONESIA’S BACKGROUND
• Suharto’s regime:
– Critical condition on democracy and justice
– Lack of effective remedies
– Law just as a tool in spreading social injustice
• On going democratic transition
• Governance and law reform
• Legal Aid as an important element that
contributes to the promotion of access to
justice
 HISTORY OF INDONESIAN LEGAL AID
(Jakarta Legal Aid Institute –> Indonesia Legal Aid Foundation)

• LBH Jakarta was established in

1970, in 1980 it was extended to
become a national-wide legal aid
organization with 15 branches in
14 Provinces.
• LBH Jakarta is an NGO that focuses
its programs on legal aid for the
poor, the vulnerable and people
without knowledge of the law.
• Annually, LBH Jakarta receives at
least 1000 cases, while the
Foundation receives 3000 cases
• LBH Jakarta excepts cases according to what we call the
“structural legal aid concept” – this means that there must be a
great power imbalance between the client and the other party to
the dispute (include but not limited to companies or government
agencies)
• We do not see the complaints as merely legal cases, but we also
do analytical mapping on the social conflict behind the case
(Strategic Impact Litigation).

For example, in the labor,

environment cases and land
disputes, those cases should be
seen in macro context that was
caused by injustice in allocating
economic resources and influenced
by the interests of other countries
or MNCs
 Example of Strategic Impact Litigation
Cases
1973 : Vivian Case, a girl who was
biologically born as a boy who applied to
the court to legalized her sexuality
transformation
1997 : LBH and Walhi submitted a legal
suit through legal standing mechanism
against Indorayon
2003 : Nunukan Case, LBH and several
other NGOs submitted a Citizen
Lawsuit/actio popularis
2003: Judicial Review Of Law No 12/2003
on Election
Achievement
Despite great controversy and rejection
from the society, the government allow
and further regulate the mechanism for
those who wish to change their sexual
identity, under strict conditions.
the law on environment currently
recognize NGO’s legal standing before the
court
Law No 39/2004 on the Protection for
Migrant Workers
The Constitutional Court decided to
adjudged in favor of our requests. The
former members of Indonesian
Communist Party (PKI) were granted the
right to vote after being banned since the
New Order rezime.
Pro Bono and Legal Aid
• Law No 18/2003 on Advocates
• Presidencial Decree No 83/2008 on the
Requirements and Procedures of Legal Aid

• Indonesian Advocates Association (PERADI) has

about 20.000 members across Indonesia
• PERADI obliges all of its members to provide
legal aid (probono) service for minimum of 50
hour annually (PERADI Decree No 1/2010)
 Indonesia Legal Aid Act

• Since 2005 LBH Jakarta had proposed the Legal Aid Bill to the
Government of Indonesia
• We cooperated with universities, legal scholars , local and
international expert to get input on the bill. We also
disseminated the bill to the public before we submitted it to
the government.
• Finally, the law was adopted by the House of Representatives.
It consists of 25 articles, including the provisions of legal aid
beneficiaries, legal aid providers, and a state - funded legal
aid. (Law No. 16/2011 concerning Legal Aid )
• The new law defines the
beneficiaries of legal aid as
‘underprivileged individuals
who are involved in civil,
criminal, or administrative
procedure and in non-
litigation matters.’
• The ultimate goal of the law
was equal access to justice,
as on of the constitutional
rights of the people under
equality before the law.
 The rights of legal aid providers
• to recruit an advocate, paralegals, law professors, and
law students;
• to provide legal aid service;
• to conduct a community legal education, legal advise,
to receive fund from the state for the purpose of legal
aid, to publish legal opinions, to receive relevant
information/data from the state or other the state
institutions in the relation of case handling, to get
legal and security protection in providing legal aid