Journal articles on the topic 'Legal assistance to the poor – Europe'
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1
Libanova, Еlla. "Minimum subsistence level in the social policy of the poor countries of Europe: the case of Ukraine." Economic Annals-ХХI 182, no. 3-4 (April 15, 2020): 117–25. http://dx.doi.org/10.21003/ea.v182-12.
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The category of «minimum subsistence level» (SL), also referred to as «absolute poverty line», is one of the fundamental in the socio-economic policy of the modern country. The majority of social transfers depends on the size of the minimum subsistence level, i.e., the level of state support for vulnerable groups of the population; SL is the basis for setting a number of salaries in the budgetary sphere and, accordingly, the amount of tax revenues; the practice is common of reconciling the size of the minimum wage and the maximum level of income from which contributions to compulsory state social insurance are paid with SL. Thus, the SL forms a significant part of budget expenditures and at the same time revenues in the public finance system. The article presents the results of systematization of the principles and methods of calculating SL adopted in different countries. In particular, the characteristics of normative, structural and normative, statistical, resource-based and subjective approaches are given. Considering the well-founded claims to the current methodology for determining SL in Ukraine, the urgent need for its transformation is emphasized and the author’s vision of innovations is highlighted. The rationale is provided for introducing a structural and normative approach for the analysis, monitoring and forecasting of social development and welfare, differentiated by age groups, determined in accordance with participation in education and the labour market. The necessity is emphasized of: developing the norms of food consumption exclusively by medical specialists; using different SL structures; transition to the calculations of SL of the households with a separate definition of the so-called semi-fixed costs (at the level of 20-30% of the food component of a person aged 20-64), which eliminates the use of disputable scales of equivalence. For the purpose of social assistance and calculation of its amount, it is proposed to focus on 40% of the median official salary. The argument is that payouts from the budget depend on the revenues, i.e., taxes on legal wages, and, moreover, this is the threshold accepted in many European countries. The article provides examples of SL calculations, in particular, with the definition of the impact of various methodological schemes on the level and depth of poverty in the country, on the structure of the poor.As the final result the proposals are given for the use of SL in public policy.
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Lanang Putra Perbawa, Ketut Sukawati, and Maheswara Perbawa Sukawati. "Legal Assistance For The Poor." Ganaya : Jurnal Ilmu Sosial dan Humaniora 3, no. 1 (March 17, 2020): 146–62. http://dx.doi.org/10.37329/ganaya.v3i1.430.
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Memberikan bantuan hukum kepada masyarakat menjadi hal penting bagi beberapa negara, dalam pemenuhan hak asasi manusia dan sebagai indikator negara hukum sekaligus. Pemberian Bantuan Hukum telah diatur dalam konstitusi atau Konvensi Internasional lainnya, selain dari sektor Hukum yang juga perlu diwujudkan, mencapai Keadilan Sosial dan perlindungan bagi setiap masyarakat di Indonesia. Ada banyak masyarakat miskin, pemahaman dan kesadaran hukum yang buruk dan menjadi hal penting untuk memiliki lembaga yang memberikan bantuan hukum kepada masyarakat.
Efektivitas pemberian bantuan hukum kepada orang-orang yang tidak mampu (orang miskin) sebelum diberlakukannya Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum masih belum berjalan dengan baik. Hal ini disebabkan oleh faktor struktur hukum (kurangnya kesadaran advokat / pengacara hukum) dan faktor-faktor dalam hukum substantif (regulasi bantuan hukum yang tidak memadai). Namun, dengan diberlakukannya UU No. 16 Tahun 2011 Tentang UU tersebut terungkap jaminan hukum yang lebih kuat untuk pemberian bantuan hukum kepada mereka yang tidak mampu (orang miskin), walaupun pada kenyataannya mereka menemukan beberapa pengacara atau pengacara yang tidak bermoral yang masih enggan memberikan bantuan hukum kepada orang-orang yang tidak mampu.
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Wijaya, Irawan Adi. "Hukum dan Keadilan : Bantuan Hukum LBH Mega Bintang dalam Perkara Perdata Masyarakat Tidak Mampu." Lisyabab : Jurnal Studi Islam dan Sosial 1, no. 1 (June 30, 2020): 143–52. http://dx.doi.org/10.58326/jurnallisyabab.v1i1.21.
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The purpose is conducted to determine the efforts of The Institution of Legal Aid Mega Bintangin providingcivil case legal assistance to poor people. Done with normative and empirical studies, this research is describeddescriptively-analytically. The Institution of Legal Aid Mega Bintang provides legal assistance to poor people free.Loyalty is given to legal aid recipients regardless of ethnicity, race, religion, social status, economic conditions,profession, and so on. Procedure for providing legal assistance is carried out in accordance with applicablestandards. This was done to achieve the rule of law.
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Alamsyah, Tofan, and Gunarto Gunarto. "Legal Form of Relief Is Free Of Charge by the Person or Group of Advocate for the Poor (Study at Jurisdiction in Ex Residency of Cirebon)." Jurnal Daulat Hukum 3, no. 1 (April 12, 2020): 35. http://dx.doi.org/10.30659/jdh.v3i1.8373.
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The problems of this study are: 1) forms of legal assistance free of charge given to the person or group of poor people in the Ex Residency of Cirebon, 2) challenges and solutions lawyers to provide legal assistance free of charge at the Ex Residency of Cirebon, 3) forms of legal protection given for free of charge that given to the person or group of poor people in the Ex Residency of Cirebon in the future.The method used by researchers is legal approach empirically and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies members of the Police of the Police Ciwaringin and Secretary Untag Jaya, And secondary data obtained from the study of literature relating to the theory of justice and progressive law.Based on the results of research that form of legal aid free of charge is given to a person or a group of poor people in the Ex Residency of Cirebon, have been met by providing a list of advocates in the district police or through the Legal Aid Post (ZIP Bankum) in each court both the General and courts that exist in the jurisdiction of the Ex Residency of Cirebon. Problems were found in providing legal assistance free of charge to the poor, is not all lawyers enrolled in Posbakum and district police to and willing to help to the poor who need legal help; The solution needed is a regulation that requires all lawyers who have permits proceedings to register and willing to help the poor who need legal aid, and the obligation to serve as a form of professional advocate obligation to perform community service.Keywords: Legal Assistance Free of Charge; Advocate, Poor.
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Jaya Putra, Marwan. "Problematics in Handling Criminal Offence on Poor Communities by Advocate (A Study on Gunung Sugih District Court)." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 1 (April 2, 2019): 31. http://dx.doi.org/10.25041/fiatjustisia.v13no1.1406.
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The provision of legal aid to the poor is one of the actions of the noble profession of advocates and the moral movement that advocates for human rights, in fact, not all advocates are morally aware of their obligations. There are still many deviations found in the provision of legal aid for the poor. This condition is certainly contrary to the noble values of the advocate profession itself, in the presence of this matter, which shows still can be found deviations in practice. The problem examined in this study is why law enforcers such as judges and posbakum have not provided free legal assistance to the poor in Central Lampung Regency, a factor that has caused law enforcement agencies not to offer and provide free legal assistance to the poor and the pattern / model of handling criminal cases against the poor by advocates based on justice. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analysed by qualitative analysis method.The results of this study ultimately provide an answer that Advocates who have not yet applied the value of justice in handling criminal cases involving the poor are due to legal substance, legal structure, and legal culture, Not yet applying the value of justice in handling criminal cases against the poor is like the emergence of mistrust of the law, besides the model of handling criminal cases against the poor by advocates based on the value of justice is the implementation of constructive strategies, such as: Legislation Planning, Policies and Activities Related to the Fulfilling Right to Legal Assistance. Suggestions from this research are to Advocates regarding Integrity, morality, idealism, and professionalism of law enforcement officers should be further enhanced, in addition to the restrictions on the provision of legal aid in LBH should also be reviewed to enforce the principle of providing legal assistance as widely and equality before the law.
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Setiawan, Dani. "Access to Justice and Fair for the Poor: How Effective the Legal Aid Provided by Government?" Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 173–84. http://dx.doi.org/10.15294/ijicle.v3i2.46173.
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Providing legal assistance to the poor continues by the government to realize legal access and justice for all levels of society. Several regulations regarding legal aid have been issued by the state through the law and implementing regulations, but the fact is that the provision of legal aid is not yet effective. This causes a lack of access to law and justice for the poor. The effectiveness of providing legal aid by the government needs to be assessed to see how effective the legal aid program provided by the government is to realize legal access and justice for the poor. Therefore, criticism and advice should be given to the government in order to optimize legal assistance in order to achieve legal access and justice for all levels of society.
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Faza, Muhammad Irfan. "How Do the Poor Get the Justice They Deserve? Study of the Legal Aid Law in Indonesia." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 151–62. http://dx.doi.org/10.15294/ijicle.v3i2.46169.
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Indonesia is a country that respects and upholds human rights. All Indonesian people have the same rights when confronted with the law. They have the same position and should not be discriminated against. economically disadvantaged people find it difficult to obtain a legal position. To examine this problem, the authors use the approach used is an approach using legal science and social science called the socio-legal approach. The poor who are experiencing legal problems has the right to get the same treatment as others. They are entitled to get assistance from advocates. The guarantee of the community to achieve justice can be interpreted as equal rights to obtain, use and benefit from the judicial process obtained through the courts or through informal mechanisms. Providing legal assistance to the poor does not always run smoothly, there must be obstacles that prevent it. However, despite experiencing obstacles in providing legal aid in Indonesia, it can already be said to be effective, proven by the many legal cases that use legal assistance without the need for the poor to pay.
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Amin, Choerul. "Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 235–44. http://dx.doi.org/10.15294/ijicle.v3i2.46172.
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Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms.
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Pohan, Sarmadan, Sutan Siregar, Syamsiah Depalina Siregar, and Abdul Gafur Marzuki. "PRODEO LEGAL SERVICES TO NEEDY COMMUNITIES IN THE DISTRICT COURT SYSTEM." INTERNATIONAL CONFERENCE ON RESEARCH AND DEVELOPMENT (ICORAD) 1, no. 1 (February 26, 2022): 108–13. http://dx.doi.org/10.47841/icorad.v1i1.15.
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The purpose of this research is to determine the best methods for providing legal assistance and the role of advocates in providing legal assistance to the needy community on Mandailing Natal's district court. The type of research used is sociological juridical, to determine how the law is applied in the community. Implementing legal aid for the poor is critical because it touches on every citizen's constitutional rights. Regarding some of the documentation requirements, the applicant must submit a written application containing at the very least his or her identity and a brief description of the subject matter for which legal aid is being sought, followed by the submission of case documents and an attachment of a poor certificate from the headman, village head, or another official equivalent in the applicant's place of residence. As a result of this research, it is concluded that providing legal aid to the poor is necessary, as it involves the constitutional rights of every citizen. Assistance is required by an advocate
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Ramdan, Ajie. "Bantuan Hukum Sebagai Kewajiban Negara Untuk Memenuhi Hak Konstitusional Fakir Miskin." Jurnal Konstitusi 11, no. 2 (May 20, 2016): 233. http://dx.doi.org/10.31078/jk1122.
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Legal aid as the state’s obligation to fulfill the constitutional rights of the poor very interesting study. The provision of legal aid as the state’s obligation to fulfill the constitutional rights of the poor is to provide funding to legal aid through the state budget. Because the Law No. 16 Year 2011 on Legal Aid takes the concept of legal aid welfare model. This paper will analyze the decision of the Court No. 88/PUU-X/2011 the constitutional rights of the poor to obtain legal assistance that the duty of the state . The provision of legal aid as the state’s obligation to fulfill the constitutional rights of the poor expanded in the Law No. 16 Year 2011 on Legal Aid , involving not only advocate, but also paralegals, lecterur and college students of faculty of law. This is because the constitutional legal aid was adopted by Act No. 16 of 2011. Thus justice seekers who are unable or poor should get legal assistance in legal proceedings to obtain justice. Governments need to do the verification, selection, and evaluation, as well as provide accreditation for legal aid agencies that meet or do not qualify as legal aid.
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Kinanty, Dhea, Pramestia Andini Putri, and Fauziah Lubis. "Peranan Advokat Dalam Pemberian Bantuan Hukum kepada Orang yang Tidak Mampu Berdasarkan UU No 16 Tahun 2011 tentang Bantuan Hukum." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, no. 2 (January 7, 2023): 451–61. http://dx.doi.org/10.47467/as.v5i2.2695.
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Free legal assistance is one of an Advocate's most important responsibilities. Every Advocate is required by Clause 56 of the Criminal Law Procedures section to provide low-income clients with free legal representation. The fundamental obligation to provide free legal assistance is Equality Before the Law. "Advocates are obliged to provide free legal assistance to those who are poor and seek justice," states Article 1 Clause 22 of Law Number 18 of 2003 concerning Advocates.
Keywords: free legal aid, advocates, equality before the law.
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Julesz, Máté. "Euthanasia outside Europe." Orvosi Hetilap 155, no. 32 (August 2014): 1259–64. http://dx.doi.org/10.1556/oh.2014.29978.
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The passive form of euthanasia is legalized almost in every civilized country. Its active form is not a generally accepted legal institution. In Europe, active euthanasia is legalized only in The Netherlands, Belgium, Luxembourg and Switzerland. In Australia, the Act on the Rights of the Terminally Ill of 1995 legalized the institution of assisted suicide, which is not identical to active euthanasia. The difference lies in the fact that legalized active euthanasia means that the author of a murder is not punishable (under certain circumstances), whilst assisted suicide is not about murder, rather about suicide. In the first case, the patient is killed on his or her request by someone else. In the second case, the patient himself or herself executes the act of self-killing (by the assistance of a healthcare worker). In Australia, the institution of assisted suicide was repealed in 1997. Assisted suicide is legal in four USA member states: in Vermont, Washington, Montana and Oregon. In Uruguay, the active form of euthanasia has been legal since 1932. Orv. Hetil., 2014, 155(32), 1259–1264.
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Hapsari, Judith Prima. "The Poor and Justice: Implementation of Legal Aid for the Poor in Indonesia (Problems and Solutions)." Indonesian Journal of International Clinical Legal Education 3, no. 4 (December 1, 2021): 553–68. http://dx.doi.org/10.15294/ijicle.v3i4.48274.
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One manifestation of justice or equality before the law is the existence of legal assistance for every citizen involved in legal problems, without exception the poor. The legal problems that ensnare many poor people or groups are currently increasing complex. Legal aid is a human right of all people, which is not given by the state and is not a mercy from the state, but is also the responsibility of the state in realizing equality before the law, access to justice, and fair trial. Therefore, the government made and ratified a regulation that regulates legal aid, namely Law Number 16 of 2011 concerning Legal Aid. This research is intended to analyze the implementation of legal aid for the poor communities in the context of access to justice in Indonesia.
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Nugroho, Rahmat Muhajir, Wita Setyaningrum, Sobirin Sobirin, and Fithriatus Shalihah. "Model of the Development of Muhammadiyah Legal Assistance Services for the Poor." International Journal of Social Science Research and Review 5, no. 10 (October 31, 2022): 489–97. http://dx.doi.org/10.47814/ijssrr.v5i10.675.
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Persyarikatan Muhammadiyah as the largest Islamic community organization in Indonesia, which has business charities in the fields of education, health, social, economy and culture, develops its program through the Muhammadiyah Legal Aid Service Program under the coordination of the Muhammadiyah Central Leadership and Human Rights Council. LBHMU was established to help the poor who are facing legal problems. LBHMU's role is to provide free legal consultation and case assistance services to members of the community who are economically weak and have access to justice. This type of research is a type of empirical legal research, using primary, secondary and tertiary legal materials. Methods of collecting data through field studies, namely observation, surveys and interviews. The conclusion of this research is the development of Muhammadiyah Legal Aid Services with strategies including: strengthening LBHMU's vision to help the poor, maximizing funding sources from the Ministry of Law and Human Rights, as well as Lazismu, and conducting National Coordination Meetings.
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Zubir, Muhammad Firdaus, and Syauqas Rahmatillah. "PEMBERIAN BANTUAN HUKUM KEPADA MASYARAKAT MISKIN BERDASARKAN UU NO 16 TAHUN 2011 TENTANG BANTUAN HUKUM DI LBH KOTA LANGSA." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 6, no. 1 (June 12, 2021): 87–107. http://dx.doi.org/10.32505/legalite.v6i1.2923.
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Advocates are one of the law enforcers based on article 5 paragraph 1 of law no. 18 of 2003 concerning advocates which states that advocates are law enforcers they are free and independent who are guaranteed by law, advocates and/or legal aid institutions act as institutions that provide free legal assistance to underprivileged people. This article discusses how the role of legal aid agencies in optimizing the provision of legal aid to poor people, and how the barriers and obstacles in the application of legal aid by legal aid agencies in Langsa city. This study uses normative research methods that are supported by empirical research. The result show that the provision of free legal aid to the poor is regulated in government regulation number 83 of 2008, law no.18 of 2003 and law number 16 of 2011, the role of legal aid institutions in providing free legal assistance to the poor has not been maximized. They are not accompanied by appointing the poor who are litigating, and the community does not know about the existence of a legal aid agency and because of the lack of socialization about the existence of a legal aid agency in Langsa city, so the community does not know abaout the existence of a legal aid agency.
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Gede Agung Wirawan Nusantara and I Made Aditya Mantara Putra. "Paralegal Village Legitimacy in Providing Access to Justice Through Legal Assistance." Community Service Journal of Law 1, no. 1 (January 31, 2022): 29–34. http://dx.doi.org/10.55637/csjl.1.1.4578.29-34.
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Legal aid is a citizen's right and legal obligation for the state as regulated in international legal instruments and national legal instruments. In the distribution of legal aid, the idea of a village paralegal was born. One of the ways to fulfill this access to justice is by optimizing the role of paralegals at the village level. Village paralegals are expected to help the community in the village understand the law. In this study, two problems were discussed, namely regarding the position of paralegals in fulfilling the right to legal aid and the function of village paralegals in solving legal problems. The provision of legal aid aims to provide access to justice, equity and fulfillment of civil rights and political rights of all people. Paralegals have the task of providing legal assistance to the poor as a form of service for the poor who need assistance in obtaining their legal rights. The formation of village paralegals is very important to overcome legal problems that exist at the village level. Handling conflict in the village is not enough with a social and cultural approach but also with a legal approach.
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Anak Agung Sagung Laksmi Dewi. "Legal Assistance by Advocates in Gender Mainstreaming: A Reflection." Sociological Jurisprudence Journal 5, no. 2 (September 1, 2022): 139–45. http://dx.doi.org/10.22225/scj.5.2.2022.139-145.
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Gender mainstreaming has become one of the legal politics in Indonesia, this is in line with the nature contained in Law Number 17 of 2007 concerning National Long-Term Development of 2005-2025. Therefore, gender mainstreaming needs special attention in some of its supporting elements. One of the supporting elements is legal aid, as a form of preventive and repressive efforts in realizing gender equality in responding to discrimination that is often experienced by women in Indonesia. one of the supporters of these preventive and repressive efforts is legal aid which can normatively be carried out by advocates in Indonesia. This should be a common thread in the protection of women's rights and gender mainstreaming in Indonesia which is carried out through legal aid in Indonesia. When scrutinized again in the regulation regarding the concept of legal aid as stated in Law Number 18 of 2003 concerning Advocates and Law Number 16 of 2011 concerning Legal Aid, legal aid can only be given to “poor or incapable people”. Meanwhile, women are one of the people who are often in a cornered/unfavorable/marginalized position in physical, opportunity and social status. So that it becomes an urgent condition to expand the interpretation of “poor or incapable people” so that legal aid that is the obligation of advocates or legal aid providers can also include assistance to women in an effort to realize gender mainstreaming in Indonesia.
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Sanjaya, Fanny Dian. "Legal Aid in Indonesia: A Study of Legal Aid with a Transcendental Dimension." Journal of Transcendental Law 2, no. 2 (December 15, 2020): 83–99. http://dx.doi.org/10.23917/jtl.v2i2.11854.
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Legal aid in Indonesia, particularly in terms of access to justice, legal aid provided by the state for people is still pivoted on positive law. Laws regulating legal aid in Indonesia remain revolving around the number of cases and budget absorption targets given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with parameters written in the law inhibit those who need legal assistance if they are not categorized as the poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from justice. Access to legal aid is essential since the purpose of the law is justice. Besides, legal aid aims to provide justice for those who do not have law knowledge, in other words, blind to the law. Justice for all is the vein of legal aid which is inseparable from the right of legal aid for those in need. Legal aid can be administered by social institutions/legal aid agencies which should provide access to those who need legal assistance and those who are in dispute, be it poor or rich so that justice for all can be achieved. This research discusses the transcendental dimension of legal aid. This study used a descriptive research method intending to analyze legal aid from legal aid institutions viewed from the study of legal philosophy and legal aid with transcendental dimensions.
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Nalutsyshyn, V. V. "LEGAL REGULATION OF PSYCHIATRICAL ASSISTANCE: THE EXPERIENCE OF THE COUNTRIES OF EUROPE." Juridical scientific and electronic journal, no. 2 (2020): 470–74. http://dx.doi.org/10.32782/2524-0374/2020-2/122.
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Aulawi, Anton, and Ratu Mimi Darniasih. "PERAN PELAKSANA PENYULUHAN HUKUM KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM BANTEN DALAM SOSIALISASI BANTUAN HUKUM GRATIS BAGI MASYARAKAT TIDAK MAMPU." Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik 3, no. 1 (February 17, 2020): 1–15. http://dx.doi.org/10.47080/propatria.v3i1.765.
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The purpose of this research was to determine the role of Legal Counselors in the Regional Office of the Banten Ministry of Law and Human Rights in the socialization of free legal aid for the poor. In this research the authors use a methodology with a qualitative approach. In the research to be conducted, researchers will use three data collection techniques, by interview, observation, and documentation. The results of this research are that legal aid regulated by Rule Number 16 of 2011 years concerning Legal Aid, is the state's obligation to provide the rights of every citizen to get legal protection and human rights, especially for the poor. The provision of legal aid as a state obligation to implement the constitutional rights of the poor is to provide funding to legal aid organizations with the State Budget. The state is present to provide legal assistance, one of which is by means of the Regional Office of the Ministry of Law and Human Rights Banten. The method of socialization about free legal assistance to the poor is done by legal counseling activities with direct and indirect methods; firstly, legal counseling is carried out solely by law enforcement officers from the Regional Office of the Ministry of Law and Human Rights Banten. Secondly, legal counseling is carried out by accredited legal aid organizations but with budgets derived from legal aid funds from the state with the authority of budget users from the Ministry of Law and Human Rights.
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Skrypniuk, Oleksandr. "International legal assistance to Ukraine in the fight against russian aggression." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 13–22. http://dx.doi.org/10.33663/2524-017x-2022-13-2.
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The article examines the issue of international assistance to Ukraine in the fight against Russia’s large-scale aggression. This aggression caused the biggest crisis of the system of international security, international law, and international relations after World War II and caused the destruction of the modern international order. At first, Russia’s actions caused a certain disunity in the democratic world. But the treacherous attack and the start of a full-scale war in the center of Europe rallied the leading states of NATO and the European Union. The main and consistent provider of aid to Ukraine is the United States of America and Great Britain. In total, US aid for the first three months of the war amounted to more than 50 billion dollars. Great Britain became a locomotive and an example for the old Europe in the defense and protection of democratic values. The next group of countries that came forward in defense of Ukraine and uncompromising support in the fight against the aggressor were Poland and the Baltic countries. The collective provider of aid to Ukraine is the European Union, NATO, the G7 countries, the IMF and other world, continental and regional organizations and associations. Thanks to military and technical assistance, Ukraine managed to contain the enemy and stabilize the front. In the article, considerable attention is paid to the problems of financial and economic, humanitarian, legal assistance in the investigation of crimes against the civilian population and assistance in the protection of cultural values, etc. A special and important direction of assistance is the support of Ukrainian refugees abroad (according to UN data, as of May 2022, there were 10 million of them) and assistance to displaced persons in the middle of the country. Key words: aggression, military-technical, financial, legal, humanitarian aid, states, international and European organizations.
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Katz, Jack. "Caste, Class, and Counsel for the Poor." American Bar Foundation Research Journal 10, no. 2 (1985): 251–91. http://dx.doi.org/10.1111/j.1747-4469.1985.tb00909.x.
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In modern society, poverty has been defined not only by quantitative measures of well-being but as a morally distinct category. In turn, the moral status of poverty has frequently been associated with primordial characteristics of race, ethnicity, national origin, or religion. In these moral and ascriptive respects, the social structure of poverty has been related systematically to the thrust of civil legal assistance on behalf of the poor.Cyclically over the past century in the industrialized West, the poor have been organized into a social status with castelike features. In alternating historical periods, not only have the poor been culturally differentiated as an inherently different status group, their qualitative distinction has been institutionally constructed by practices of segregation legally sanctioned by the state. By noting the historically fluctuating phases in the construction of a modern caste of the poor, we may better understand the sociological significance of providing counseling to the poor on their civil legal problems. Modern law quite generally and civil legal assistance to the poor in some narrow but notable ways have significantly promoted the structuring of poverty into caste forms. And the caste status of poverty has shaped the role of lawyers for the poor in several important respects.
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Agustine, Rini. "IMPLEMENTATION OF PROVISION OF LEGAL ASSISTANCE FOR SUSPECTS AT YOGYAKARTA POLICE." Fox Justi : Jurnal Ilmu Hukum 12, no. 1 (July 30, 2021): 13–20. http://dx.doi.org/10.58471/justi.v12i1.15.
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This study aims to describe (1) the implementation of providing legal aid for suspects at the Yogyakarta Police, (2) the obstacles encountered in the implementation of the provision of legal aid, and (3) efforts to overcome obstacles in the implementation of providing legal aid for suspect at the Yogyakarta Police. This research is a descriptive study with a qualitative research method approach. Research subjects were determined by purposive technique. The research subjects are the Deputy for Criminal Investigation, Police Investigator, Head of Investigative Unit I, Head of Operational Development Affairs and legal advisors as legal aid providers. Data were collected by interview and documentation methods. The results of this study indicate that the implementation of providing legal assistance for suspects who are poor and threatened with imprisonment for five years or more is when the Police, especially the investigators carry out their obligations as regulated in the Criminal Procedure Code, in particular Articles 54 and 56. the suspect at the Yogyakarta Police, namely the limited funds for the implementation of the provision of Legal Aid at the Yogyakarta Police, namely Rp. 3,000,000.00 per case when it should be Rp. 5,000,000.00 per case, the availability of Legal Aid Providers at Poresta Yogyakarta is not yet sufficient, there are some investigators who do not understand about the provision of legal aid for indigent (poor) suspects. Efforts in overcoming obstacles in the implementation of providing legal assistance for suspects at the Yogyakarta Police, namely,
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Mataganis, Manos. "Social assistance in Southern Europe: the case of Greece revisited." Journal of European Social Policy 10, no. 1 (February 1, 2000): 68–80. http://dx.doi.org/10.1177/a011399.
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Social assistance is a largely neglected part of the welfare state in Greece. Recent surveys of social assistance arrangements in developed countries from a comparative perspective tend to portray Greece as the most 'rudimentary' member of the 'rudimentary' group of countries or social assistance regimes, i.e. Southern Europe. While not entirely unfounded, this view rests on a less than complete account of social assistance in Greece, and also ignores the latest developments that further challenge this position. This article aims to 'map' social assistance benefits in Greece, describe recent developments and discuss current debates on future directions of welfare reform in the country. This review suggests that although social assistance remains a 'poor relation' within Greece's social protection system as a whole, its relative weight is much greater than previously thought. Moreover, the profile of social assistance is set to rise due to a renewed emphasis on notions of selectivity and targeting, but also in connection with the revival of the debate on the merits and practicalities of introducing a minimum guaranteed income scheme in the country. The article concludes that the search for the proper place of social assistance within a reconstructed welfare state in Greece has only just begun.
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Nalyvaiko, Larysa, and Maryna Novikova. "Theoretical and legal characteristics of problem aspects of free secondary legal aid and prospects of their solution." ScienceRise: Juridical Science, no. 2(16) (June 30, 2021): 4–8. http://dx.doi.org/10.15587/2523-4153.2021.235118.
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The article analyzes problems of providing free secondary legal aid in Ukraine. Based on the studied statistical indicators, it is determined, that the most unresolved issues are the availability and quality of legal aid. It is stated, that in order to overcome these obstacles, the state, represented by the authorized bodies, cooperates with many international organizations, participates in international technical assistance projects and provides communication with international and national public organizations. Based on the study, it is noted, that today attention should be paid not only to highlight the possibility of obtaining free secondary legal aid, but also to the dissemination of mechanisms for obtaining such assistance and their features. It is determined, that today in Ukraine the state and public organizations are actively working to increase the level of availability of free legal aid in Ukraine. The Law of Ukraine «On Free Legal Aid» contains a detailed list of persons entitled, in particular, to receive free secondary legal aid, the rights and obligations of entities to provide such assistance. However due to the abstract nature of legal norms and the style of their presentation, there is a need in society to explain these regulations to the population. To this end, various activities are carried out, in particular, cooperation with the media, publishing brochures, distributing educational videos on the Internet, which has a positive character and, as a consequence, achieving the goal – increasing the availability of free legal aid in Ukraine. The participation of representatives of the international community in providing free legal aid is analyzed. It was stated, that the representatives of the Council of Europe recommended that the national institutions improve the legal framework for the provision of free legal aid in order to make the institution more accessible and understandable to those entitled to receive it. In addition, the Council of Europe recommended improving the area of criminal justice in terms of coherence of efforts to provide each suspect or accused with affordable and quality legal assistance. It is noted, that the quality of free legal aid depends on many factors. In particular, lawyers discussed the thesis of incentives to provide quality assistance, as in a significant number of cases the lawyer interferes with concentration, and as a consequence, reduces the level of positive decisions. It is determined, that free legal aid does not provide support to citizens in applying to international judicial institutions, such as the European Court of Human Rights
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Akbar, A. Ardiansyah, Zulkifli Makkawaru, and Baso Madiong. "ANALISIS PENERAPAN SISTEM PEMBUKTIAN TERBALIK TERHADAP TINDAK PIDANA KORUPSI." Indonesian Journal of Legality of Law 3, no. 2 (June 2, 2021): 68–78. http://dx.doi.org/10.35965/ijlf.v3i2.643.
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Penelitian ini bertujuan untuk mengkaji dan menganalisis dan memahami mengenai Pelaksanaan Kerjasama kemitraan antara Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Sulawesi Selatan dengan Organisasi Bantuan Hukum dalam pemberian bantuan hukum bagi masyarakat miskin atau tidak mampu di wilayah provinsi Sulawesi Selatan. Untuk mengetahui kendala yang dihadapi Organisasi Bantuan Hukum dalam Pelaksanaan bantuan hukum bagi masyarakat miskin atau tidak mampu. Penelitian hukum ini adalah penelitian hukum empiris, yang mengkaji mengenai bantuan hukum bagi masyarakat miskin demi terselenggaranya proses hukum yang adil di Makassar. Untuk mendapatkan hasil penelitian yang dapat dipertanggung jawabkan maka penelitian ini mengambil data dari Kantor Kanwil Wilayah Kementerian Hukum dan HAM Sulawesi Selatan, Rutan Kelas I Makassar dan LBH Makassar merupakan lokasi penelitian yang akan digunakan peneliti untuk mandapatkan bebrapa data terkait bantuan hukum di makassar pada khususnya. Pelaksanaan Program Kerjasama antara Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Sulawesi Selatan dengan Organisasi Bantuan Hukum dalam pemberian bantuan hukum bagi masyarakat miskin di wilayah Sulawesi Selatan sudah berjalan dengan baik namun masih kurang efektif karena dalam pelaksanaannya masih ditemukan Organisasi Bantuan Hukum yang melaksanakan tugasnya namun tidak sesuai standar pemberian bantuan hukum. This research aims to study, analyze, and understand the implementation of partnership cooperation between the Regional Office of the Ministry of Law and Human Rights of South Sulawesi and the Legal Aid Organization in providing legal assistance for the poor or underprivileged in the province of South Sulawesi. This is to find out the obstacles faced by legal aid organizations in implementing legal aid for the poor or underprivileged. This legal research is an empirical legal research, which examines legal assistance for the poor for the sake of implementing a fair legal process in Makassar. To obtain accountable research results, this study collects data from the Regional Office of the Ministry of Law and Human Rights of South Sulawesi, Prison Class I Makassar and LBH Makassar as research locations to obtain some data related to legal aid in Makassar particularly. The implementation of the Cooperation Program between the Regional Office of the Ministry of Law and Human Rights of South Sulawesi and the Legal Aid Organization in providing legal assistance to the poor in the South Sulawesi region has been running well but this is still ineffective because in its implementation there are still legal aid organizations that do not comply with the standards of legal assistance when carrying out their duties.
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Aulawi, Anton. "PENYULUHAN HUKUM TENTANG BANTUAN HUKUM CUMA-CUMA UNTUK MASYARAKAT TIDAK MAMPU UNTUK WARGA KAMPUNG SUKADANA 1 KELURAHAN KASEMEN KECAMATAN KASEMEN KOTA SERANG." ABDIKARYA: Jurnal Pengabdian dan Pemberdayaan Masyarakat 2, no. 2 (October 30, 2020): 114–28. http://dx.doi.org/10.47080/abdikarya.v2i2.1083.
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The need for an understanding of the existence of a free legal aid program for the poor is very important for the public to know. The Head of Youth Leaders from Sukadana 1 Village, Kasemen Village, Kasemen District, Serang City asked the community service team from the Jatramada Legal Aid Institute to provide legal counseling for the community. There are many people who do not know about the existence of free legal aid programs, namely the poor when they face legal problems will get free services with assistance from Legal Aid Organizations accredited by the Ministry of Law and Human Rights with assistance costs law borne by the State. This community service activity in the form of legal counseling was carried out on Monday 24 February 2020, at Mr. Faiz's house, Sukadana 1 RT 01 RW 03, Kasemen Village, Kasemen District, Serang City, and the community who attended the event was the RW Chairman. 003, Head of RT, community leaders and residents of Sukadana 1. This activity starts at 19.30 PM until 21.30 PM. The number of participants who attended was as many as 40 people. The results of the socialization of free legal aid for the poor is for partners, namely the people of Kampung Sukadana 1, of course an increase in understanding of Law Number 16 of 2011 concerning Legal Aid, which explains about free legal aid for the poor, apart from that legal counseling partners / participants also gain knowledge about legal skills when facing minor legal problems.
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Kania, Dede. "BANTUAN HUKUM BAGI MASYARAKAT MISKIN DI PENGADILAN AGAMA CIMAHI TAHUN 2016." Asy-Syari'ah 20, no. 2 (December 21, 2018): 175–90. http://dx.doi.org/10.15575/as.v20i2.3079.
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AbstractLegal assistance is a constitutional right of every citizen that is non-derogable rights as an effort to fulfil access to justice and equality before the law, especially for the poor and who doesn’t understand law. The implementation of legal assistance in the Cimahi Religious Court are not optimum due to lack of information, the presence of individuals who seeks personal benefits, and a common sense of high cost advocate services. This study is aimed to determine the implementation of legal assistance for the poor in the Cimahi Religious Court along with its supporting factors. This research is a qualitative research with descriptive analytical method and an empirical juridical approach. The utilized data are primary and secondary data. Data collection is done by interview techniques and literature studies. The implementation of legal assistance in the Cimahi Religious Court is still not effective due to legal factors, law enforcement factors, facilities, community factors and cultural factors. The inhibiting factor in legal assistance is a lack of socialization, difficult access for the community, and a culture in apparatus seeking personal gain. Supporting factors in legal assistance include good relations between legal aid agencies, increased awareness of the Village apparatus and KUA, and the existence of Cimahi Religious Court Website.Keywords:legal assistance, equality before the law, poor society. AbstrakBantuan hukum merupakan hak konstitusional setiap warga negara yang bersifat non derogable rights sebagai upaya mewujudkan Acces to Justice dan Equality Before The Law terutama untuk masyarakat miskin dan buta hukum. Fenomena yang terjadi di Pengadilan Agama Cimahi masih kurangnya informasi bantuan hukum, adanya oknum yang mencari keuntungan pribadi, dan anggapan mahalnya jasa advokat membuat pelaksanaan bantuan hukum belum maksimal. Penelitian ini bertujuan untuk mengetahui pelaksanaan bantuan hukum bagi masyarakat miskin di Pengadilan Agama Cimahi beserta faktor penghambat dan penunjangnya. Penelitian menggunkn penelitian kualitatif dengan metode Deskriptif Analitis dn pendekatan Yuridis Empiris. Data yang digunakan adalah data Primer dan Sekunder. Pengumpulan data dilakukan dengan teknik wawancara dan studi pustaka. Pelaksanaan bantuan hukum di Pengadilan Agama Cimahi masih belum efektif karena faktor hukum, faktor penegak hukum, faktor sarana, faktor masyarakat dan faktor budaya. Faktor penghambat dalam bantuan hukum adalah kurangnya sosialisasi, akses masyarakat yang masih sulit, dan ada budaya di aparat yang mencari keuntungan pribadi. Faktor penunjang dalam bantuan hukum diantaranya adanya hubungan baik antar lembaga pemberi bantuan hukum, meningkatnya kesadaran perangkat Desa, KUA dan ada Website Pengadilan Agama Cimahi.Kata Kunci :Bantuan Hukum, Equality Before The Law, Masyarakat Miskin
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Fadli, Muhamad Akhsanul. "Transcendental Approach in Legal Aid Concept in Indonesia: A Philosophy of Law Perspective." Indonesian Journal of International Clinical Legal Education 3, no. 4 (December 1, 2021): 465–80. http://dx.doi.org/10.15294/ijicle.v3i4.48293.
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Legal aid in Indonesia, especially in terms of access to justice, legal aid provided by the state to the people still relies on positive law. The law governing legal aid in Indonesia still revolves around the number of cases and the budget absorption target given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with the parameters written in the law prevent those who need legal assistance if they are not categorized as poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from fair. Access to legal aid is very important because the goal of law is justice. In addition, legal aid aims to provide justice for those who do not have legal knowledge, in other words, are blind to the law. Justice for all is the pulse of legal aid that cannot be separated from the right to legal aid for those in need. Legal aid can be managed by the community, legal aid institutions/institutions that should provide access to those who need legal assistance and those in dispute, both poor and rich, so that justice for all is achieved. This study discusses the transcendental dimensions of legal aid. This study uses a descriptive research method that aims to analyze legal aid from aid agencies seen from the study of legal philosophy and legal aid with a transcendental dimension.
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Fauzi, Suyogi Imam, and Inge Puspita Ningtyas. "Optimalisasi Pemberian Bantuan Hukum Demi Terwujudnya Access to Law and Justice Bagi Rakyat Miskin." Jurnal Konstitusi 15, no. 1 (March 29, 2018): 50. http://dx.doi.org/10.31078/jk1513.
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Pemberian bantuan hukum merupakan salah satu cara untuk mewujudkan access to law and justice bagi rakyat miskin yang diberikan oleh negara atas amanat dari konstitusi. Beberapa regulasi mengenai bantuan hukum telah dikeluarkan oleh negara melalui Undang-Undang dan peraturan pelaksananya maupun dari Mahkamah Agung ataupun Mahkamah Konstitusi melalui Peraturan Mahkamah Agung maupun putusan Mahkamah Konstitusi. Akan tetapi fakta di masyarakat, regulasi yang dibuat itu belum efektif dijalankan sehingga makna access to law and justice menjadi bias. Belum efektifnya penerapan dalam pembenrian bantuan hukum di Indonesia merupakan suatu legal issue yang menarik untuk dikaji lebih dalam agar dapat mengetahui permasalahan utama yang menyebabkan belum efektifnya pemberian bantuan hukum di Indonesia yang nantinya dicarikan solusi dari gagasan yang menjadi formulasi sebagai optimalisasi pemberian bantuan hukum di Indoensia. Legal Issue yang dicari yaitu persoalan-persoalan dalam penerapan pemberian bantuan hukum dan Formulasi bagaimana penerapan pemberian bantuan hukum dapat berjalan secara optimal. Artikel ini akan memaparkan secara sistematis dan ilmiah dengan menggunakan metode normatif-empiris yang mengambil lokasi di 5 daerah yaitu DKI Jakarta, Kabupaten Surakarta, Kabupaten Pekalongan, Kabupaten Wonosobo dan Kabupaten Banyumas (Purwokerto) dan purposive sample meliputi advokat, organisasi advokat, lembaga bantuan hukum, pengadilan negeri dan penerima bantuan hukum. Berdasarkan hasil penelitian terdapat beberapa persoalan-persoalan dalam penerapan pemberian bantuan hukum di masyarakat yang menjadikan pemberian bantuan hukum bagi rakyat miskin menjadi belum efektif, oleh sebab itu, diperlukan suatu optimalisasi pemberian bantuan hukum bagi rakyat miskin yang menjadi suatu gagasan untuk menjawab persoalan tersebut untuk mewujudkan access to law and justice bagi rakyat miskin.Legal Aid is a way to implementing access to law and justice for the poor which is Mandate from the State listed in the constitution. Some regulations concerning legal assistance have been issued by the state through the rule and implementing regulations and also from the Supreme Court through and Constitutional Court by the Supreme Court Regulation or Constitutional Decission. However, in fact the regulation has not been effectively implemented, so that the meaning of access to law and justice becomes refracted. The ineffectiveness of application in the provision of legal assistance in Indonesia is an interesting legal issue to be reviewed deeper to find out the main problems that have caused the ineffectiveness of providing legal assistance in Indonesia which will be sought solutions from ideas that become formulation as the optimization of legal assistance in Indonesia. Legal Issues sought are issues in the application of legal aid provision and Formulation how the application of legal assistance can applied optimally. This article will describe systematically and scientifically using the normative-empirical method that takes place in 5 areas, DKI Jakarta, Surakarta Regency, Pekalongan Regency, Wonosobo Regency and Banyumas Regency (Purwokerto) and purposive sample includes advocate, BAR organization, legal assistance organization, state courts and legal aid recipients. Based on the results of the study there are several problems in the implementation of providing legal aid in the community that makes the provision of legal aid for the poor is not effective, therefore required an optimization of legal aid for the poor who became an idea to answer the problem to realize access to law and justice for the poor.
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Pivaty, Anna. "The Right to Custodial Legal Assistance in Europe: In Search for the Rationales." European Journal of Crime, Criminal Law and Criminal Justice 26, no. 1 (January 29, 2018): 62–98. http://dx.doi.org/10.1163/15718174-02601004.
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Following national transposition of procedural rights’ Directives, various eu and domestic authorities would need to interpret their provisions, including those concerning the right to custodial legal assistance. To inform this interpretation, account must be taken of the relevant ECtHR case law. However, many of the Directives’ provisions are so unclear, and the ECtHR approach is so inconsistent, that to achieve a coherent interpretation, it appears necessary to first identify the principles behind this right. This article examines these principles, in the form of rationales, from the theoretical, jurisprudential, and eu law perspectives. It concludes that the right should be conceived as grounded in a range of rationales, notwithstanding an alternative view that it serves (only) to protect the privilege against self-incrimination. The article fleshes out the consequences of this conclusion for interpreting some of the relevant Directives’ provisions, and for criminal defence practice.
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Aji, Helmy Yahya Rahma, and Raden Muhammad Arvy Ilyasa. "The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011." Indonesian Journal of International Clinical Legal Education 2, no. 2 (June 5, 2020): 111–28. http://dx.doi.org/10.15294/ijicle.v2i2.37843.
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Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.
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Makinara, Ihdi Karim. "PENGARUH BANTUAN HUKUM TERHADAP MASYARAKAT MISKIN ( Meninjau Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum)." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 2, no. 1 (April 30, 2013): 1. http://dx.doi.org/10.33331/rechtsvinding.v2i1.78.
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Bantuan hukum adalah salah satu upaya mengisi hak asasi manusia (HAM) terutama bagi lapisan masyarakat termiskin rakyat Indonesia. Bantuan hukum harus dimaknai dan dilaksanakan sebagai upaya perjuangan menegakkan HAM bagi si miskin. Tujuan bantuan hukum perlu diperluas, dak saja terbatas pada bantuan hukum individual, tetapi juga struktural dan juga jangan terbelenggu dengan jalur-jalur formal semata. Dengan diundangkan Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum memunculkan permasalahan bagaimana pengaruh bantuan hukum terhadap masyarakat? Dengan menggunakan metode peneli an norma f dan dengan pendekatan data secara kualita f yang dianalisis deskrip f, didapatkan kesimpulan bahwa keberadaan Undang-Undang Bantuan Hukum belum maksimal memberikan pengaruh terhadap bantuan hukum bagi masyarakat miskin, karena bantuan hukum masih dalam jalur formalis k dan masih bersifat pasif. Pendanaan penyelenggaraan bantuan hukum yang digeser dari Mahkamah Agung, Kejaksaan Agung, dan Kepolisian kepada Menteri Hukum dan HAM dan dilaksanakan oleh Lembaga Bantuan Hukum atau Organisasi Kemasyarakatan agar dapat menyentuh orang atau kelompok orang miskin, tetapi besar anggaran perlu memper mbangkan proses peradilan yang berjalan, karena dikhawa rkan dapat menghambat orang miskin dan kelompok orang miskin untuk mengakses keadilan guna mewujudkan hak-hak kons tusional mereka.<p>Legal aid is an effort to fulfill human rights, especially for Indonesian poorest society. Legal aid should be interpreted and implemented as an effort of human rights enforcement for the poor. The purpose of legal aid should be expanded, not just limited to individual legal assistance, but also structural and not fe ered by mere formal channels. By enacted the Law Number 16 Year 2011 on Legal Aid, raises the ques on of how the in fl uence of legal assistance to the society? By using norma ve research methods and approaches qualita ve data were descrip vely analyzed, was concluded that existence of legal aid has not been maximized e ff ect to legal assistance for the poor, and because of it is s ll on formalis c track and passive. Funding of legal assistance shi ed from the Supreme Court, A orney General and Police to the Ministry of Jus ce and implemented by a Legal Aid Ins tu on or civil society organiza on in order to reach people or the poor community, but the magnitude of budget needs to consider the judicial process, because it feared could hinder the poor to access of jus ce to realize their constuonal rights.</p>
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Zahara, Elviana. "KINERJA LEMBAGA BANTUAN HUKUM TERHADAP PEMENUHAN AKSES KEADILAN GOLONGAN FAKIR MISKIN (STUDI PERAN TENTANG LEMBAGA BANTUAN HUKUM JAWA TENGAH DALAM MENINGKATKAN AKSES KEADILAN FAKIR MISKIN)." Riau Law Journal 2, no. 2 (November 26, 2018): 249. http://dx.doi.org/10.30652/rlj.v2i2.5277.
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AbstrakBantuan hukum merupakan hak setiap orang. Seperti yang tercantum dalam Undang-undang Nomor 16 Tahun 2011 tentang Bantuan Hukum. Terlebih bagi masyarakat yang tidak mampu. Melalui penyelenggara bantuan hukum inilah akses keadilan dapat tersalurkan bagi masyarakat miskin terutama di Jawa Tengah dan salah satunya adalah melalui Lembaga Bantuan Hukum Jawa Tengah. Penulisan Hukum ini adalah menggunakan metode kualitatif dengan pendekatan socio-legal. Data yang digunakan adalah data primer dan sekunder. Teknik studi dokumen dan wawancara adalah yang digunakan dalam hal pengumpulan data. Studi ini menyimpulkan bahwa implementasi bantuan hukum bagi kelompok orang miskin belum diimplementasikan dengan baik. Bukan hanya dari keseriusan pemerintah dalam menangani golongan fakir miskin, namun juga sedikitnya pihak penyelenggara bantuan hukum yang berkenan memberikan bantuan hukum secara prodeo.Kata Kunci : Bantuan Hukum, Prodeo, Golongan Fakir Miskin, Akses Keadilan AbstractLegal aid is the right of every person. As stated in Law No. 16 of 2011 on Legal Aid. Especially for people who can not afford. Not only the people who can not afford economically but also those who are legally blind. In fact, it was found many constraints experienced providers of legal aid in providing legal assistance to community groups, especially the poor. Through these legal aid providers access to justice can be channeled for the poor, especially in Central Java and one of them is through the Legal Aid Society of Central Java. This essay is a qualitative method with socio-legal approach. And it used primary and secondary data. Study of documents and interview techniques are used in data collection. The study concluded that the implementation of legal aid for persons or groups of poor people have not been implemented properly. Not only from the government's seriousness in dealing with the poor classes through its policies, but also at least the organizers are pleased to provide legal aid legal assistance prodeo.Keywords : Legal Aid, Prodeo, Poor, Acces to Justice
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Ippolitov, Sergei Sergeevich. "Russian Emigration of the First Wave in Germany: Humanitarian and Legal aspects of Adaptation, 1917-1920s." Исторический журнал: научные исследования, no. 1 (January 2020): 115–28. http://dx.doi.org/10.7256/2454-0609.2020.1.31909.
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The article discusses the activities of Russian humanitarian, professional and public organizations in determining the legal status of Russian migrants in Europe and providing legal assistance to refugees and Russian legal entities in exile in 1917 - 1920s, as well as the trade unions of Russian lawyers in exile and their activities of legal assistance to their compatriots. The author examines the foreign policy of different states concerning the legal discrimination of Russian refugees and the geopolitical context in which the legal integration of Russian emigration took place in the societies of host countries. The study views the Russian humanitarian and legal activity as a factor in preserving the civic identity of these emigrants. The methodological basis on which this research is based is the principles of historicism and systematicity, which imply the application of the chronological method in the research process, as well as the methods of retrospection, periodization and actualization. The article explores for the first time in historiography the little-studied page in the history of Russian emigration: the creation in Germany in the 1920s of an effective system of humanitarian and legal assistance to Russian refugees aimed at clarifying their legal status and restoring the legal existence of Russian commercial enterprises in exile. For the first time in historiography, the author examines the ability of the emigrant community to self-organize in order to assert its rights in a foreign language and foreign culture society.The factors that significantly complicated the Russian emigrants' humanitarian and legal status, thereby also hindering their integration into European society, included: the long irresolution of their legal status; the significant number of legal obstacles; the ineffectiveness of officials with respect to the refugees' actual lack of rights; the legal conflict in international law that arose with the emergence of the Russian emigration phenomenon; and the unprecedented humanitarian and legal crisis of the post First World War period in Europe. Under these conditions, the Russian emigrant community nonetheless managed to develop effective mechanisms to help its compatriots in the legal sphere.
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Suherman, Suherman, and Suprima Suprima. "Socialization of Free Legal Assistance and Training on Procuration Letter Writing for Citizens of Tanjungsari, Bogor." MITRA: Jurnal Pemberdayaan Masyarakat 4, no. 2 (November 24, 2020): 189–97. http://dx.doi.org/10.25170/mitra.v4i2.1353.
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Everyone should have the same opportunity to access law and justice. Legal aid is a kind of legal service provided by legal aid providers free of charge to legal aid recipients. This free legal aid is very helpful for those who are affected by legal problems, especially for the poor. This is because many poor people are confronted with legal problems, including the Tanjungsari people who are not aware of the availability of free legal aid. To help underprivileged members of society aware of this free legal aid, it is necessary to have community service aimed at making people understand the benefits of free legal assistance provided by the Government. The method used was an interactive group discussion. As supporting data, the questionnaire was also administered to obtain an overview of the experiences and opinions of citizens related to citizens' understanding of the material and training. The results of the activities in this legal aid assistance showed that the residents felt the benefits of helping them resolve their cases and knowing how to protect their legal rights. It was concluded that such counselling was needed by the residents of Tanjungsari since it received a positive response from the residents who attended the session.
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Dietz, Sara Elisa. "The ECB as Lender of Last Resort in the Eurozone? An analysis of an optimal institutional design of Emergency Liquidity Assistance competence within the context of the Banking Union." Maastricht Journal of European and Comparative Law 26, no. 5 (October 2019): 628–68. http://dx.doi.org/10.1177/1023263x19855628.
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The latest financial crises in Europe and the United States have reminded us of the importance of the role of central banks as Lender of Last Resort. This article examines the current legal framework in the European Union with regard to the allocation of Lender of Last Resort competence, which until now has been exercised by the national central banks in the Eurozone. The new Emergency Liquidity Assistance Agreement 2017 sustains this institutional design, leaves the Emergency Liquidity Assistance competence with the national central banks and specifies the cooperation between the European Central Bank and the national central banks with regard to the veto-option of the European Central Bank to national Emergency Liquidity Assistance operations. Against this background, the paper discusses whether the current legal competence structure of the European and Monetary Union would also allow for more authority of the European Central Bank with regard to Emergency Liquidity Assistance powers. The paper concludes there is a sufficient legal basis in the monetary policy and financial stability mandate of the European Central Bank to allow it to grant Emergency Liquidity Assistance at least with regard to ‘significant’ banks, as defined under the current European Banking Supervision regime.
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Kusumah, Haidan Angga, and Agus Rasyid ChandraWijaya. "Optimisation of the Application of Legal Aid for the Poor People in Sukabumi City." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 1 (April 12, 2019): 87. http://dx.doi.org/10.25041/fiatjustisia.v13no1.1564.
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The background of this research is that access to the implementation of legal aid for the poor that is held by the state is still not effective, especially the poor in the area of Sukabumi City in terms of legal assistance by Legal Aid Providers is still not well coordinated. So research was carried out to describe descriptively about the optimisation of the application of legal aid for poor people in the area of Sukabumi City. The research method used is analytical descriptive, which describes the data from the relevant material existing and analyses it by referring to the Juridical basics. The results Showed that the optimisation of the application of legal aid for the poor people in the Sukabumi City area could be Tirrenus by government awareness in evaluating the condition of LBH in the region
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Mukmin Rehas, S.H., M.H, Abdul. "Implementasi Pemberian Bantuan Hukum Di Kota Samarinda Berdasarkan Perspektif Administratif Dalam Undang-Undang Nomor 16 Tahun 2011." Yuriska : Jurnal Ilmiah Hukum 7, no. 2 (October 17, 2017): 109. http://dx.doi.org/10.24903/yrs.v7i2.140.
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ABSTRACT
Legal aid is a very important means in terms of gaining the needs of the poor society in this case to obtain the justice and retain their rights because not all people are able to afford to pay the attorneys' fees that are reliable and professional to retain the rights and ensure legal certainty nor justice for one of the parties. Thus the government needs to provide legal assistance to the community with low level economy to find the justice for him, and mandatory for the government to implement the City Legal Assistance in Samarinda in order to run in perspective and in accordance with law No. 16 in 2011.
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Preložnjak, Barbara. "Clinical legal education in Croatia – from providing legal assistance to the poor to practical education of students." International Journal of Clinical Legal Education 19 (July 8, 2014): 373. http://dx.doi.org/10.19164/ijcle.v19i0.36.
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<p>Although clinical legal education has a long tradition in common law countries, the countries of the continental European legal system, to which the Republic of Croatia (hereinafter Croatia) belongs, have recognized its importance in the last few years. The first established legal clinic in Croatia was the one of the Faculty of Law at the University of Rijeka. It has been implemented as part of the curriculum for the academic year 1996/1997 and offered to the fourth year students as an elective course entitled “Clinic for Civil Law”. Within the Rijeka Clinic, law students were able to acquire theoretical and practical knowledge, by resolving hypothetical cases, under the supervision and with the support of teachers, lawyers, judges, notaries public and state attorneys. In 2002, with the support of the Institute Open Society from Budapest, the Faculty of Law at the University of Osijek established a legal clinic in the form of practical training for students of the third and fourth year of legal studies. By participating in the clinic’s activity, students of Osijek Law Faculty helped provide legal aid to citizens of lower economic status. This included help in providing general legal information and legal advice, as well as help in covering procedural cost from the funds donated to the Clinic. The lack of financial means that were needed for daily expenditures meant that the Legal Clinic in Osijek was temporarily closed. Nowadays, faculty members of Osijek Law Faculty are trying to solve financial problems and to continue previous good practice in providing legal aid to the poor citizens.</p>
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Vannelli, Marina. "The Unaccompanied Child’s Right to Legal Assistance and Representation in Asylum Procedures under EU Law." Laws 11, no. 1 (January 29, 2022): 11. http://dx.doi.org/10.3390/laws11010011.
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The independent migration of children today is a global phenomenon present in many regions worldwide, where unaccompanied minors seeking asylum do not enjoy full protection of their rights. Among their procedural safeguards, the right to legal assistance and representation is a fundamental right strictly related to the realization of other rights contained in the UN Convention on the Rights of the Child. Nevertheless, despite the fundamental role that guardians and legal advisors play in the wellbeing of unaccompanied children seeking asylum, many issues are currently affecting the exercise and implementation of this fundamental right in several European Union Member States. Therefore, the purpose of this article is to examine the content and scope of protection of this right under EU law, while highlighting the existence of possible ambiguities or gaps in current legal standards. Which EU law rules currently protect unaccompanied minors’ access to legal assistance? What changes are necessary in order to strengthen that protection for unaccompanied minors seeking asylum? These are some of the questions that this paper addresses in order to critically analyze the level of protection that Europe has provided to unaccompanied children’s right to legal assistance.
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Maala, Riyun Khilmawati. "Getting Justice through Legal Assistance: A Comparing Case of Indonesia and Malaysia." Indonesian Journal of International Clinical Legal Education 3, no. 3 (September 30, 2021): 353–66. http://dx.doi.org/10.15294/ijicle.v3i3.48261.
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Equality before the law should be applied to all citizens impartially. However, there are still discriminatory cases against those who are in lower strata than others. So we need a legal revolution that guarantees the fulfillment of justice which is then used as a source in law enforcement practices, legal protections, and legal services for poor people or groups. In addition to Indonesia, the State of Malaysia is also trying to provide justice for all its citizens by trying to provide legal aid guarantees for its citizens who are experiencing legal problems but are not able to afford it economically. This research is intended to analyze the legal comparison of the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice. The research also aims to find out what obstacles are encountered in the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice.
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HARLEY, JOSEPH. "PAUPER INVENTORIES, SOCIAL RELATIONS, AND THE NATURE OF POOR RELIEF UNDER THE OLD POOR LAW, ENGLAND, c. 1601–1834." Historical Journal 62, no. 2 (June 13, 2018): 375–98. http://dx.doi.org/10.1017/s0018246x18000043.
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ABSTRACTDuring the old poor law, many paupers had their possessions inventoried and later taken by authorities as part of the process of obtaining poor relief. Historians have known about this for decades, yet little research has been conducted to establish how widespread the system was, what types of parishioners had their belongings inventoried and why, what the legal status of the practice was, and how it affected social relations in the parish. Using nearly 450 pauper inventories, this article examines these historiographical lacunae. It is argued that the policy had no legal basis and came from local practices and policies. The system is found to be more common in the south and east of England than in the north, and it is argued that the practice gradually became less common from the late eighteenth century. The inventorying of paupers’ goods often formed one of the many creative ways in which parishes helped the poor before 1770, as it guaranteed many paupers assistance until death. However, by the late eighteenth century the appraising of paupers’ goods was closely tied to a negative shift in the attitudes of larger ratepayers and officials, who increasingly wanted to dissuade people from applying for assistance and reduce expenditure.
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Ismail, Roni, and Endeh Suhartini. "PERSPEKTIF BANTUAN HUKUM DI KOTA BOGOR DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM." JURNAL ILMIAH LIVING LAW 12, no. 1 (January 31, 2020): 74. http://dx.doi.org/10.30997/jill.v12i1.2528.
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Legal aid is a constitutional right for Indonesian citizens to obtain legal protection and equality. The existence of Law Number 16 of 2011 is a manifestation of that constitutional right. Fulfillment of legal aid for the poor in Bogor City has been partially implemented using APBD funds in accordance with Regional Regulation No. 3 of 2015 concerning Legal Aid for the Poor and Mayor Regulation Number 39 of 2015 as the Implementing Regulation. The provision of legal aid to the poor in Bogor which refers to the Bogor City Regulation No. 3 of 2015 concerning Legal Aid for the Poor has not yet been realized specifically for the people of Bogor City. This is due to obstacles from external and internal factors in its implementation, namely in the form of a Legal Assistance Organization which is only one accredited at the Ministry of Law and Human Rights and limited funds for absorption of legal aid implementation activities. Therefore, the Government needs to involve Legal Aids (LKBH-LKBH) in private university institutions in Bogor and its surroundings to be able to realize the plan for establishing Legal Consultation innovations (legal clinics) in 68 urban office Bogor City
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Ihwan, Miftakhul. "Providing Legal Assistance to the Rights of the Defendant in the Case of Murder in Self-Defense." Indonesian Journal of International Clinical Legal Education 3, no. 4 (December 1, 2021): 569–84. http://dx.doi.org/10.15294/ijicle.v3i4.48273.
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Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA.
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Ibbetson, David. "Why Ever Should Anyone Need a Law Librarian?" Legal Information Management 19, no. 02 (June 2019): 92–93. http://dx.doi.org/10.1017/s1472669619000203.
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AbstractIn this short article, David Ibbetson, the Regius Professor of Civil Law at the University of Cambridge, writes about the value of the law librarian in the academic context. His wide-ranging interests cover English and European legal history and, in particular, the historical relationship between English Common Law and the legal systems and legal thought of the rest of Europe. His experiences of using law libraries and receiving assistance from academic-based law librarians has led him to acknowledge the true value of the profession.
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Ngazis, Muhammad, Junianto Junianto, Ahmad Rofiq, and Amin Purnawan. "Reconstruction of Legal Protection for National Health Insurance Contribution Assistance Recipients Based on Justice Value." Scholars International Journal of Law, Crime and Justice 5, no. 8 (August 24, 2022): 323–31. http://dx.doi.org/10.36348/sijlcj.2022.v05i08.004.
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One of the government's efforts to realize the highest health status and goals, especially for people who cannot afford it, is regulated in Law Number 24 of 2011 concerning the Social Security Administering Body. However, in practice, several problems were found, such as a tendency for the public to assume that the Social Security Administering Body for the Health Sector bears all the financing for health services and there is no guarantee of comfort received by the participants of the Social Security Administering Body for Contribution Assistance. This shows that the enforcement of legal protection regarding the rights of the poor as participants in the Health Insurance Contribution Assistance has not been realized from the perspective of human rights. The purpose of this study is to identify and analyze legal protection and problems for participants of the National Health Insurance Contribution Assistance Recipients (PBI), to identify and analyze the legal factors that affect the implementation of the National Health Insurance system for Contribution Assistance Recipients and to identify and analyze the reconstruction of Article 11 Law on the Social Security Administering Body for participants in the National Health Insurance for Contribution Assistance Recipients based on the value of justice. This study uses a type of research and a Socio-Legal (socio-legal research). The paradigm used is the Constructivism Paradigm to understand that the existing reality cannot be generalized to a particular context at a specific time. The results of the study show that it can be seen clearly both from theoretical studies and empirical studies, including a review of the products of laws and regulations as well as government policies and institutions in the context of the Welfare States and the government's effort to provide social security and social services to all its people in an integrated manner. fair. Legal protection for patients participating in the National Health Insurance Contribution Assistance Recipients (PBI) is an important thing because this is closely related to the handling and health services that will be received by patients. The implementation of legal protection for people who cannot afford has been implemented but is not optimal. The legal factors that most influence the implementation of protection for poor people in hospitals today are community factors, namely not being aware of the law and or not obeying the law, so there is no effectiveness. In addition, there are still differences in the health services received by patients participating in the Health Social Security Administering Body for Contribution Assistance Recipients with patients from the Social Security Administering Body for Non-Contribution Assistance Recipients. The Ideal Construction of the National Social Security System in the Health Sector Based on Welfare Values can be realized by reconstructing the law against Article 11 of Law Number 24 of 2011 concerning the Social Security Administering Body by reconstructing 3 (three) components, namely strengthening the legal substance component, strengthening the legal structure component and strengthening the legal culture component.
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Mark, Benedikt G., Sarah Hofmayer, Erwin Rauch, and Dominik T. Matt. "Inclusion of Workers with Disabilities in Production 4.0: Legal Foundations in Europe and Potentials Through Worker Assistance Systems." Sustainability 11, no. 21 (October 28, 2019): 5978. http://dx.doi.org/10.3390/su11215978.
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The inclusion of employees with disabilities in production is an issue that has rarely been addressed by scientists from the manufacturing sector. In this article, we examine to what extent the trend towards Industry 4.0 offers potential for the inclusion of people with disabilities in Production 4.0. First, we examine relevant legal foundations and restrictions in Europe and in more detail in Austria, Italy, and Norway. Next, based on a literature review, we examine which technological aids in the form of worker assistance systems derived from Industry 4.0 can make jobs in the manufacturing sector accessible for people with disabilities. Three types of assistance systems have been examined: sensorial aid systems, physical aid systems, and cognitive aid systems. In a concluding discussion of the results, we finally summarize the implications on management and policies as well as the potential and limitations of identified worker assistance technologies. On the one hand, the study is intended to draw the attention of researchers and industrial companies to new technological possibilities for the inclusion of people with disabilities in production. On the other hand, difficulties and grievances due to the legal foundations are pointed out to stimulate a critical discussion here as well.
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Vonk, Gijsbert, and Marius Olivier. "The fundamental right of social assistance: A global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa)." European Journal of Social Security 21, no. 3 (August 9, 2019): 219–40. http://dx.doi.org/10.1177/1388262719867337.
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This article gives a broad overview of the fundamental right of social assistance. The central question is to what extent the fundamental right to social assistance can count on universal recognition and what legal consequences are drawn from this right when it is invoked in national courts. In order to answer this question, we have looked at this right from a global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa). On the basis of this study we discern a broad synergy in the normative context, not only transgressing through but also operating above the national constitutional jurisdictions. It is observed that from a legal perspective the added value of this right lies in the possibility for an individual to address structural shortcomings in the existing architecture of social assistance schemes. This possibility places courts in the position to critically review the system in the light of human rights requirements.
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Azifah, Chairani. "Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor." Indonesian Journal of International Clinical Legal Education 3, no. 4 (December 1, 2021): 537–52. http://dx.doi.org/10.15294/ijicle.v3i4.48281.
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The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.