Reimagining Legal Aid Institution Regulations to Enhance Legal Clarity

Abstract

Purpose: to examine in depth the current LBH establishment arrangements. In addition, this study aims to formulate a regulatory formula for the formation of LBH that is appropriate and in accordance with the applicable legal context, with the main aim of realizing better legal certainty in supporting the mission of LBH in providing legal assistance to the community. Methods/design/approach: This research uses qualitative methods with a prescriptive research approach by describing data findings, both primary and secondary data, that have been processed and analyzed. Results: This research found that the regulations for the establishment of LAI/LAO in Indonesia need to be clarified, especially in terms of the status of the legal entity used. The status of the foundation dominates so that it becomes biased in carrying out its role as a legal aid institution to the community with consistency in the principles of the foundation regulated in Indonesian law. It is necessary to reformulate regulations that are more transparent and comprehensive for advocacy principles and can provide legal assistance to the community properly without being bound by limitations that may exist in the Foundation law. Conclusion: The dominant legal entity status for the Legal Aid Institute is in the form of a Foundation, a form of Foundation legal entity that has been the most appropriate to establish LAI/LAO in Indonesia because it has advantages, the foundation is non-profit and has no members, so it is more independent and cannot be intervened by any party. The provisions of legal entities in the Legal Aid Law, which are currently still based on Foundations and Associations, need to be supported by supervisory requirements in their implementation so as not to violate the essence of the enactment of the Foundation Law. Reformulation must result in clear legal aid institutions, protect human rights, provide equal access to justice, and achieve the desired level of legal certainty.