Urgency Of Legal Assistance For Poor People As A Request Of Human Rights

Abstract

Realizing constitutional rights (equality before the law) and access to justice (access to law and justice) as one of the manifestations of Community Rights for the poor granted by the state is the mandate of the constitution. The regulation regarding legal aid has been issued by the state with the emergence of Law
The Constitution of Legal Assistance No. 16 year of 2011 concerning legal aid and is strengthened through the 1945 Indonesia Constitution in Article 28D paragraph (1) of the 1945 Constitution which states that guarantees that everyone including those who are unable to have the right to get access to justice so that their rights to recognition, guarantees, protection and legal certainty that are fair and the same treatment before the law can be realized. Normally regulations have been made for recognition, guarantees, legal protection, but the regulations made have not been effectively implemented so that the meaning of equality before the law and access to law and justice is unsure. The ineffectiveness of the application in providing legal aid is a legal issue that needs to be studied in order to find out the problem causing why the ineffectiveness of legal aid provision that can later be used as a facilitator for optimizing the provision of legal aid This article will explain systematically and scientifically using juridical-empirical methods that taking location in Semarang Regency, the sample includes the Social Service, the district court, the legal section of the Semarang Regency secretariat and advocate organizations.
Based on the results of the study there are problems in the application of providing legal aid in the community, which makes the provision of legal assistance to the community to be ineffective, due to the absence of local regulations as a facilitator of optimizing the provision of legal aid in order to realize the citizens’ constitutional rights (equality before the law) and Access justice (access to law and justice) for the poor