1. Legal aid
Expanding Legal Aid Through partnerships with civil society and local government
Enny Nurbaningsih
National Law Development Agency

2. Legal Aid Program (1)
Indonesia is a state based on the rule of law (art 1. 3 conts.1945)
Every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law (Art 28D. 1 const. 1945)
Indonesia has ratified International Covenant on Civil and Political Rights (ICCPR). Art. 16 and art. 26 ICCPR
To ensure every person has a right to require protection of law and shall avoid of all discriminations.
Law No. 16/2011 concerning Legal Aid and some of the implementation of regulations.

3. STATE PRESENTS WHENEVER PEOPLE NEED
NAWACITA:
STATE PRESENTS WHENEVER PEOPLE NEED
Law No. 18/2003 concerning Advocate
Art. 22: Advocates are required to provide legal aid free of charge to the justice seekers who can not afford.
Gov. Reg. No. 83/2008 concerning Requirements and Procedure of Probono (by advocate)
Challenge: there is no sanction from bar associations if an advocate does not deliver the probono services
Law No. 16/2011 concerning Legal Aid
Only for the poor, vulnerable/marginalized people.

4. Legal Aid Program (3) Legal aid administrator:
National Law Development Agency through Province office
Legal Aid Provider (OBH):
405 CSO which passed verification/ accreditation (2016)
Legal Aid Beneficiary:
Poor/marginalized people or vulnerable groups who can show poverty-proof letters

5. Scheme of legal aid POVERTY PROOF LETTERS LITIGATION NON LITIGATION
POOR PEOPLE, MARGINALIZED, VULNERABLE
POVERTY PROOF LETTERS
405 LEGAL AID PROVIDERS (2016)
LITIGATION
NON LITIGATION
NATIONAL LAW DEVELOPMENT AGENCY, MINISTRY OF LAW AND HUMAN RIGHTS
BUDGET
REGULATIONS

6. Legal aid services Non Litigation Litigation Criminal Private
Administration
Litigation
1 Consultation,
2. Mediation,
3. Negotiation,
4. Investigation,
5. Out-of-court Custody,
6. Document drafting,
7. Legal awareness campaign,
8. Legal research
9. People legal empowerment
Non Litigation

7. LEGAL AID PROVIDERS ARE NOT SPREAD EVENLY

8. The Implementation of Legal Aid

9. EXPANDING LEGAL AID PROGRAM: PUBLIC LEGAL EDUCATOR AND PARALEGAL
INVOLVE HEAD OF VILLAGES AND PARALEGAL FOR LEGAL AWARENESS CAMPAIGN ASSISTED BY PARALEGAL AND PUBLIC LEGAL EDUCATOR
ESTABLISH AND MAINTAIN LEGAL AWARENESS GROUPS IN VILLAGE LEVEL, ESPECIALLY IN BORDER AREA
EVALUATED BY MINISTRY OF LAW AND HUMAN RIGHTS, MOHA AND
The Minister of Villages, underdeveloped Regions and Transmigration

10. Public Legal Education
NLDA/BPHN
Public Legal Educator
Head of Village/Personage People
Paralegal
Organization of Women in the Village (PKK)
Regulator
Budget
Litigation: OBH
Law Problem
Public Legal Education

11. Expanding Legal Aid Program: MOU among stakeholders
To implement MoU among NLDA with some ministries (MoHa, Ministry of Village, Development of Disadvantaged Regions, and Transmigration of Republic of Indonesia, and Ministry of Manpower of Republic of Indonesia)
To campaign legal aid program for law enforcement officials
To assist local government in local regulation making process (to provide budget for legal aid and to add the numbers of Legal Aid Providers (OBH) depending on their need.

12. INNOVATION FOR SCALING UP: Android/IOS Application