HAK KONSTITUSIONAL MASYARAKAT MISKIN UNTUK MEMPEROLEH BANTUAN HUKUM CUMA-CUMA DI SUMATERA SELATAN

SENJA, NASRIL and Febrian, Febrian and Iza, Rumesten RS (2022) HAK KONSTITUSIONAL MASYARAKAT MISKIN UNTUK MEMPEROLEH BANTUAN HUKUM CUMA-CUMA DI SUMATERA SELATAN. Master thesis, Sriwijaya University.

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Abstract

The provision of free legal aid by the government based on the Legal Aid Law does not guarantee the access to justice for the poor because the implementation of free legal aid in society still has some problems. The problems make the access to free legal aid for the poor less than optimal. The purposes of this study were to analyze how to regulate the right of the poor to obtain free legal aid, to analyze the barriers to access to free legal aid for the poor, and to analyze the present regulations in order to find the ideal arrangement for obtaining free legal aid in the future. This was normative research. The data were obtained from primary. secondary, and tertiary legal materials. The results of this study showed that the constitutional right to obtain free legal aid was not only stated in the 1945 Constitution but was also regulated in the Legal Aid Law and was carried out by legal aid institutions verified and accredited by the government. The access of the poor to legal aid was still not optimal due to the obstacles in obtaining legal aid, both internal factors, such as verification and accreditation every three years, complicated procedure for applying for legal aid and limited budget from the government, and external factors, that it was difficult to get a certificate of financial incapacity, affluent people often admitted that they were incapable. The arrangements in the future are that verification and accreditation of legal aid institutions that have not been registered are carried out once a year, for those that have been registered it could be done once every three years; regarding the rejection of applications for legal aid by legal aid institutions based on Article 15 of the Legal Aid Law, Article 11 of the Government Regulation No. 42 of 2013, and Article 15 of South Sumatra Regional Regulation No. 8 of 2012, the regulations should be abolished because they violate the constitutional right of the poor, and regarding the South Sumatra Regional Regulation No. 8 of 2012 on the obligation to attach a certificate of financial incapacity and it should be acknowledged by two public figures, it should also be abolished and people should use Article 34 of the Regulation of the Minister of Law and Human Rights No. 63 of 2016, where applicants for legal aid can attach Indonesia Health Card, Indonesia Smart Card only.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Hukum, Bantuan Hukum, Masyarakat Miskin
Subjects:	K Law > K Law (General) > K3154-3370 Constitutional law
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Senja Nasril
Date Deposited:	09 Aug 2022 03:58
Last Modified:	09 Aug 2022 03:58
URI:	http://repository.unsri.ac.id/id/eprint/76783

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