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4 - Access to Justice in Indonesia: Searching for Meaning

from Part I - Access to Justice in Asia

Published online by Cambridge University Press:  29 September 2022

Helena Whalen-Bridge
Affiliation:
National University of Singapore
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Summary

Advocates in Indonesia do not generally provide free legal assistance to poor persons. Advocates largely believe that these matters should be handled by non-governmental organizations, and it is these organizations that have been the drivers of legal services to the poor, not lawyers. Indonesia also faces some confusion between ‘legal aid’ and ‘free legal assistance’, as both terms can be translated as ‘bantuan hukum’, and the historical conflation of these two terms has not supported identification of a lawyers’ responsibility in access to justice. Historically the state did not have an obligation to provide legal services to poor persons, although this changed in 2011 with the Law on Legal Aid, which created a state obligation to provide legal aid. This law is a major step forward, but there are indications that state-paid legal aid services from the ‘legal aid organizations’ recognized under the law will now take centre stage, and that pro bono will not develop. Access to justice in Indonesia therefore continues to search for meaning: literally in the sense that neither legal aid nor pro bono are clearly understood, figuratively, as there is no vision of how to proceed, and practically, as many barriers impede current programmes.

Type
Chapter
Information
The Role of Lawyers in Access to Justice
Asian and Comparative Perspectives
, pp. 56 - 72
Publisher: Cambridge University Press
Print publication year: 2022

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