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Questions? November 2007 Volume 1, Issue 5 Contact [email protected]
Public Disclosure Authorized Indonesia’s Revitalization of Legal Aid (RLA) Program: Strengthening Legal Services for the Poor by Matthew Zurstrassen, Justice for the Poor – Indonesia *
Introduction Revitalization of Legal Aid (RLA), a pilot RLA is implemented in each province by a What is J4P? project implemented by Justice for the Poor partner NGO (Lembaga Pelaksana or LP). Justice for the Poor (J4P) (J4P) Indonesia, has operated since Each pilot province is divided into regions, is a global research and September 2005 in Lampung, West Java with each region consisting of development program and West Nusa Tenggara (NTB) provinces. approximately 10 posko established at the aimed at informing, RLA seeks to improve access to justice for village level. Each posko is staffed by 2 designing and supporting Public Disclosure Authorized poor communities through: paralegals and 2 village mediators, and pro-poor approaches to increasing legal and advocacy skill of posko in each region are supported by justice reform. It is an paralegals; facilitators (Tim Fasilitator or TF). approach to justice reform which: strengthening the capacity of the existing This briefing note describes several of the posko (legal aid posts) to provide legal main findings of a review of RLA conducted • Sees justice from the education, legal aid and mediation in May-June 2007. In particular, it provides perspective of the services for the community; a brief background on RLA and posko poor/marginalized establishing effective community operations and focuses on activities related mediation services through village to socialization, legal education and case • Is grounded in social mediators; and and cultural contexts handling. Finally, several lessons learned providing recommendations for legal aid are outlined. • Recognizes the policy reform for government at both the * The author is grateful for the contributions of the Justice for the importance of demand national and local levels. Poor RLA team of Alpian, Dewi Damayanti and Taufik Public Disclosure Authorized in building equitable Rinaldi in writing this report. justice systems Overview of RLA and Posko Operations
• Understands justice as Although documentation at the posko level expected, as one-third of posko have links a cross-sectoral issue is still rudimentary, LP reports indicate that to labor unions. the 94 posko across the three implementing provinces have handled a Legal consultation was the most popular total of 831 cases in RLA phase 1, an form of assistance provided by posko, average of approximately eight cases per accounting for almost 40% of assistance, posko. While the average number of cases followed by advocacy (29%) and mediation handled per posko does not vary (19%). Legal consultation was particularly significantly between provinces, variation in demand for cases involving criminal occurs in the types of cases and the type (49%), civil (45%) and labor law (44%). of assistance provided. Across the three Mediation was popular for both labor and provinces, land (25% of cases) and family law cases (both 33%). Communities
Public Disclosure Authorized criminal law (24%) issues were the most preferred to use advocacy methods when common, followed by civil (18%) and labor the cases involved either land (40%) or law (16%). In Lampung, land cases were corruption issues (37%). particularly prevalent (28%). A third of all cases in NTB involved criminal law issues, Posko History and Composition with a proportionally high number (16%) One of the objectives of RLA is to identify of corruption cases also being handled structures that were created in response to there. In West Java, a third of all cases past legal-political issues (primarily land involved labor issues. This is to be and labor cases) and to strengthen these
Overview, Continued
structures to provide broader legal aid and positions in their village. In these cases,
dispute resolution services to villagers seek their advice not in their communities. In most cases, a pre- role as posko members but in their existing relationship was present between capacity as local leaders. Providing these
the LP and posko members. Posko leaders with training and semi-formal
members are volunteers and the posko roles as posko members increases their does not receive funding to cover status within communities. This is administrative, operating or training costs. mostly positive as it increases the quality
Posko members do, however, receive of their dispute resolution skills. In a Members of District Parliament on their way to visit a posko and periodic training. The lack of financial minority of cases, this re-enforces the community members, West Lombok, resources for posko is often raised as a status quo, not necessarily representing NTB key limitation. Despite this, a significant the interests of the most marginalized.
number of posko members who attended Second, a number of posko members training remain active. play a more adversarial role. The posko members are seen as providing checks It is important to understand the on the power of local authorities and “Our role is to help background of posko members, as this therefore do not enjoy good relations villagers. If there is has an impact on the manner in which with some authorities. Finally, some they implement their work. Posko posko members had limited experience disorder, we can members can be divided into three broad or had yet to develop sufficient credibility
provide assistance categories. First, a significant proportion within the community to effectively of posko members hold other influential manage a posko. to villagers to try and resolve the Strengthening the Capacity of Existing Posko problems peacefully Socialization at the village level. the extent to which other groups, Socialization at the village level is taking including women and marginalized In this way, there place in a variety of forms, including groups, obtain information. through formal meetings, informal won’t be socialization to small groups of villagers on Using actual cases to provide information interference from an ad hoc basis and socialization through on legal education has been an effective case handling. Formal socialization has the police.” tool to socialize posko activities. It been more successful where posko are provides concrete examples to villagers Paralegal, able to tap into pre-existing community about the importance of protecting their Lampung structures and attach their message to rights. The approach however, requires routine meetings at the community level. the presence of cases and is more The ability of the posko to access these successful when cases involve structures varies greatly and depends on community interests against third parties the status of posko members in their rather than conflicts within a community. community. In NTB, for example, posko Socialization through case handling has, members have had success in socializing for example, been used as a successful their activities through routine monthly strategy by posko linked to unions in meetings of banjar (traditional adat West Java. organizations).
In most villages, socialization has been Socialization can also occur informally. conducted to village level officials. The Posko members invariably pass on type of socialization depended on local information about their activities and the context and the composition of posko existence of the posko when meeting in members, but also, just as importantly, smaller groups or through informal on the initiative of facilitators. In a interaction with extended family and number of villages, the TF accompanied friends in their village. With informal posko members to explain the activities socialization, the breadth of socialization is of the posko to village officials. This did dependent on the networks of the posko not, however, occur across the board. members. Awareness may therefore be A focus on socializing activities to formal limited to villagers determined by the legal structures will help increase the posko members. This has implications on
legitimacy of posko members in their case Of the posko visited, those linked to the handling activities. Without socialization to banjar organizations in NTB or unions in institutions in the formal system, posko West Java represented best practice in case members will find it difficult to receive handling. Here posko members document all
recognition for the support they provide their cases, in part because they are required when cases enter into the formal system. to report their activities to broader community organizations. Posko members In a limited number of posko, no socialization also consciously use the cases as learning has taken place whatsoever. This has been a exercises for communities. The posko are result of a combination of poor identification supported by committed TF who provide posko members and limited advice on a needs basis and become more Members of District of appropriate Parliament discuss the re- ongoing support from the TF. actively involved when cases enter the formal opening of a port with local legal system or involve significant power community members, West Case Handling imbalances. Lombok, NTB
Case handling has been shown to be the strongest aspect of posko work. This is There are three types of cases that receive primarily because many posko were selected ongoing support from the LP under RLA. on the basis that they have a background in These are, first, cases involving the posko case handling. Posko members generally members that began prior to RLA. Second, “Formal receive cases through word of mouth, the LP is playing an active role in providing socialization because they are identified in their village as support to union posko to resolve labor people that are able to resolve problems, or, disputes. In these cases, the LP provides has been more in several villages, cases were referred to legal advice, assists in identifying successful posko members by local level authorities. documentation required to process cases, assists the posko to build networks with local where posko Most cases handled by posko are resolved at government and provides advice to the are able to tap the village level, where posko members are posko on developing negotiating strategies. comfortable with their ability to provide Finally, it appears the LP is providing some into pre- assistance. The training received by posko assistance on corruption cases, though none existing members is well tailored and has improved of the posko visited had handled corruption the capacity of these community members to cases. community resolve disputes. Similarly, posko clients structures and interviewed were satisfied with the assistance provided by the posko. attach their
message to Moving Forward: Lessons Learned from RLA Phase I routine
The implementation of the first phase of RLA West Java, or where posko members are meetings at has identified key lessons learned for the identified as local leaders with previous development of successful legal dispute resolution experience. Where these the community empowerment programs. These include the pre-conditions exist, it is likely to provide the level.” benefits in utilizing pre-existing community posko with legitimacy. These links also structures as foundations for legal provide the posko with an immediate empowerment programs; the importance of demand for their services and increases the the role of the facilitator in supporting the impact of socialization and legal education work of paralegals and mediators; strategies activities. In addition, where posko are on how to maximize socialization and legal linked to broader community organizations education to community members; and the they are likely to have better organizational need to ensure that posko services are capacity impacting on the quality of the accessible by all, and particularly by services provided by posko. marginalized groups. Linking posko to pre-existing structures or Linking to Community Structures identifying posko members with previous dispute resolution experience requires Where Posko have strong links to pre- existing community structures, they are more detailed local knowledge and a need to likely to succeed. These links can either be undertake an assessment or mapping through formal community organizations exercise upfront to identify appropriate posko such as adat systems in NTB or unions in members.
Lessons Learned, Continued
A potential risk of linking posko to play in legal empowerment programs.
community structures is that clients may Facilitators should be committed to
be restricted to members of those grassroots work and capable of community organizations. In practice building and maintaining strong this means that marginalized members of relationships with posko members. To
the community who are less likely to be this extent, they should be willing to represented in community structures spend substantial periods of time at may find it difficult to receive services the posko level. Furthermore, from these posko. This risk can be facilitators should be offered the
Mediator Training, Sumbawa, NTB reduced by monitoring the inclusiveness opportunity to build their skills through of posko activities and providing training training over the course of the on how to reach out to marginalized implementation of the program. communities. Legal empowerment “Local dispute programs can work to improve the Opening Access to Marginalized inclusiveness or equality of these resolution mechanisms Groups structures. Local dispute resolution mechanisms in in Indonesia do not Indonesia do not always represent the The Role of the Facilitator interests of the marginalized, including always represent the There is a strong correlation between the poor, ethnic minorities or women. interests of the posko that are successful and active As one of the principles of RLA was to facilitators. The inverse also applies. identify and strengthen structures that marginalized, including Facilitators play a key role in identifying already existed, it is susceptible to this potential posko members, facilitating the poor, ethnic weakness. The low level of use by socialization and legal education women community members in the minorities, and activities and providing support to posko first phase of implementation is an members in handling cases. They also example of this problem. women. Efforts should assist in addressing power imbalances.
be made to ensure Increasing usage of posko by The role of the facilitator is to increase marginalized groups involves a multi- that members of such the skills of posko members and build track approach. First, efforts should be the capacity of the posko. This requires made to ensure that members of such groups are balancing creating a strong working groups are represented in the posko. represented in the relationship with posko members with Second, training should be provided to ensuring that members are independent posko members on legal issues posko.” and posko are developed in a sustainable affecting these community members manner. Thus, facilitators must initially and on methods of socializing or engage intensively with posko members providing services to those community to build capacity and to assist in members. This should be Further Information socializing activities, in particular to local accompanied by support from the officials. After capacity has been built, facilitators. Finally, posko activities Visit our website: facilitators should become support should be monitored to ensure that www.worldbank.org/justiceforthepoor mechanisms, whereby posko members they are providing services to the most
contact them for assistance, and marginalized members within the Questions? facilitators provide ongoing informal community, and not only the status training and support to resolve more quo.
E-mail: [email protected] complex legal issues.
The selection of facilitators is therefore a key issue given the important role they
Justice for the Poor Briefing Notes provide up-to-date information on current topics, findings, and concerns of J4P’s multi-country research. The views expressed in the notes are those of the authors and do not necessarily reflect those of the World Bank.