MEKANISME PEMBEBASAN BIAYA PERKARA BANTUAN HUKUM DI PENGADILAN

Abstract

Based on Law no. 16 of 2011 concerning Legal Aid, Article 1 paragraph (1) explains that legal aid is legal services provided by Legal Aid Providers free of charge to Legal Aid Recipients. Meanwhile, what is meant by legal aid recipients are poor people or groups of people who cannot fulfill their basic rights properly and independently and are facing legal problems. People who will be given legal assistance are people who are materially unable to pay for the services of a legal representative or advocate. This legal assistance includes exercising power of attorney, accompanying, representing, defending, and/or carrying out other legal actions for legal purposes.

Procedures for obtaining free assistance by submitting a written application containing at least the applicant's identity and a brief description of the subject matter for which Legal Assistance is requested and submitting documents relating to the case; and attach a certificate of poverty from the village head, village head, or official of the same level where the Legal Aid applicant lives. In the event that the Legal Aid applicant is unable to prepare a written application, the application can be submitted orally. Legal Aid Applicants submit a request for Legal Aid to the Legal Aid Provider. Legal Aid Providers within a period of no later than 3 (three) working days after the Legal Aid application is declared complete must provide an answer accepting or rejecting the Legal Aid request. In the event that a legal aid application is accepted, the legal aid provider provides legal assistance based on a special power of attorney from the legal aid recipient. In the event that the legal aid application is rejected, the legal aid provider shall state the reasons for the rejection.

Keywords: Legal Aid, litigation