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The Effectiveness of Tulungagung Regency Regional Regulation Number 25 of 2012 on Legal Aid for the Poor

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The Effectiveness of Tulungagung Regency Regional Regulation Number 25 of 2012 on Legal Aid for the Poor Imperial Journal of Interdisciplinary Research (IJIR) Vol-2, Issue-9, 2016 ISSN: 2454-1362, http://www.onlinejournal.in The Effectiveness of Tulungagung Regency Regional Regulation Number 25 of 2012 on Legal Aid for the Poor Tri Astuti Handayani Faculty of Law Bojonegoro University Abstract : The purpose of this study was to determine complexity of the procedures for obtaining legal aid the effectiveness of Tulungagung Regency regional to the poor, causing many poor people who until now Regulation of No. 25 of 2012 on Legal Aid for the exposed to legal issues but never get legal aid [1]. Poor. It aims to look at the factors behind the issue Provision and application of legal aid for the poor in of the regulation area Tulungagung Regency No. 25 Tulungagung Regency, hampered due to the absence of 2012 as well as the effectiveness of Tulungagung of regional regulations regulate it. Provincial Regency Regulation No. 25 of 2012. This study uses Regulation on legal aid is required for the legal aid empirical-normative approach. Source data used are provider, the recipient of legal aid, the authority set primary data and secondary data as well as data up, manage and regulate the legal aid (governing analysis using descriptive qualitative analysis. It can body), as well as financing. Although the be concluded that the forms of regulation on the government has allocated a budget for legal aid provision of legal aid Local Ordinance Tulungagung services for the poor but the access to justice for the No. 25 of 2012 on Legal Aid for the Poor, Regional people has not been met [2][3]. Regulation of East Java Province No. 9 of 2012 on Have misunderstandings about the legal aid in Legal Aid for the Poor and Law Number 16 Year Indonesia. That the legal aid budget was allocated to 2011 on Legal Aid. Consideration rights legislative officials lodged criminal cases. The true is the legal initiatives by the Tulungagung is a First, a concern aid intended for the poor across the country. In of the board members and Second, wisdom in practice, the poor or termed as the poor, it is still overcome issuing of Regional East Java Province difficult to get access to justice. Such access is the No. 9 of 2012. However, the provisions of Regulation road traversed by the public as justice seekers to seek No. 25 of 2012, was not able to apply for their redress in and out of court. The government should miraculous barriers ie, First, not been determined by advocate or advocate or organization itself always the decree, Second, differences in the system of aware that legal aid can be a means to protect and grants with the provisions of decree No. 3 of 2014 on ensure the implementation of the rights of society as procedures Budgeting, Execution, Administration, a seeker of justice [4]. Therefore, the right to legal and Reporting grants and Social assistance, and assistance by the government or advocate or Third, differences in governance systems legal aid advocate organization itself, is expected to pave the funds by Government Regulation No. 42 Year 2013 way for wide-open access to justice for people on Conditions and Procedures for Granting Legal seeking justice. Aid and Legal Aid Fund distribution. Generally, the poor do not discount enough knowledge of their rights in the existing system. Keywords: Legal Aid, Suspect, Defendant, Therefore, the provision of legal aid for the poor, but Criminal, Incapable and Poor. aims to be the poor know their rights, can also help poor people to fight for their rights. If the poor have to have a sufficient understanding of legal aid, it is 1. Introduction expected they will not feel 'lost before the war' when Challenge in the implementation of legal aid for facing legal problems [5]. the poor in Tulungagung Regency today is how to In the explanation of the general provisions of distribute effective services for citizens, especially paragraph 1 Tulungagung Regency Regulation No. the poor in Tulungagung Regency. In Indonesia there 25 of 2012 explained that basically in Tulungagung are several issues that become problems on non- Regency there is no regional regulations specifically fulfillment of the right to legal assistance, among ensure the implementation of citizens' constitutional them is the weakness of the country's commitment to rights, so that with the establishment of the the right to legal aid, have not consolidate the Provincial Regulation on Legal Aid for the Poor will institutions that provide legal aid services and the be the basis for local governments to implement the Imperial Journal of Interdisciplinary Research (IJIR) Page 1078 Imperial Journal of Interdisciplinary Research (IJIR) Vol-2, Issue-9, 2016 ISSN: 2454-1362, http://www.onlinejournal.in constitutional rights of citizens in legal aid, Observational studies can be done with the test, particularly for poor people or groups of people [6]. questionnaire, recording images and sound During this time, the provision of legal assistance recordings [10]. In this case I asked for a response that do not yet touch many people or groups of poor directly to the residents in Tamanan Villgae people, so they are difficult to access justice because Tulungagung Regency about the effectiveness of it is hampered by their inability to realize their Tulungagung Regency Regulation No. 25 of 2012. constitutional rights. An arrangement regarding the c. Library Studies provision of legal aid to the poor in the Regulation is This method uses research and data collection a guarantee of the constitutional rights of a person or through the study of literature, that is used is group of poor people in Tulungagung regency. "material that has to do with the title, in which the From the description above, the purpose of this ingredients that I got through books, legislation, study; 1) determine what factors are behind the articles, and so forth". publication of Tulungagung Regency Regulation No. In this study, “a descriptive analysis of 25 of 2012 on Legal Aid for the Poor; 2) determine qualitative data is defined as a troubleshooting the effectiveness of Tulungagung Regency procedure investigated by describing or depicting the Regulation No. 25 of 2012 on Legal Aid for the state of the object or subject of research at the Poor. present time based on the facts of the data which appear". From the data obtained then connected with 2. Method each other to obtain the solution that an event is well understood. This research is a normative-empirical legal research (applied normative law). This research was 3. Result and Discussion conducted in Tulungagung Regency which covers A. Background factors the issuance Tulungagung the Legal Department of Regional Secretariat, Regency Regulation No. 25 of 2012 Committee A (Legal and Governance Board) Program providing legal assistance for the Regional Representative, and the Central Bureau of underprivileged is necessary and the expected Statistics. increase in the intensity of enforcement or legal This thesis uses data sources are primary data and assistance from year to year. Directions discretion of secondary data [7] [8] as follows: legal aid program for the people can not afford it, a. Primary data, is data and information obtained besides empowering presence and similarity laws for directly from government agencies in the whole society; it also aims to raise awareness and Tulungagung Regency. In this case the writer compliance with the laws of society, through the use make a direct research in several government of the rights provided by the state in terms of agencies in Tulungagung Regency, which are part defending the legal interests before the Court. Legal of the legal office of the Regional Secretariat of assistance is believed to give equality and guarantee Tulungagung Regency, Commission A (Legal against the entire society in the protection before the and Administration) Regional Representatives law from unlawful behavior. Legal aid is a Council of Tulungagung Regency, and the refinement of social security and into a system that Central Bureau of Statistics Tulungagung complements the protection of human rights. The Regency. principle of equality before the law should be b. Secondary data, the data received and obtained interpreted in a dynamic and should not be from the materials library. "The material is in the interpreted statically. This may imply that every form of all the publicity about the law which is human rights should be offset by an equal treatment not an official document". in order to form a protection is not able to be broken In the data collection process, do classify and due to various reasons such as social structure, and collect data in accordance with the type of data economic status. Right to legal assistance available collected, as follows: to everyone, especially the people can not afford for a. Interview him to get justice. Guaranteeing these rights "Interview is often also referred to an oral contained in international and national legal interview or questionnaire is a dialogue conducted by standards for the fulfillment of basic rights that have the interviewer to obtain information from been universally recognized. interviewees" [9], ie with Esty Purwantik, SH. MH. The right to legal aid is one of the most important as Head of Legal Assistance and Cooperation rights possessed by every citizen (access of legal Tulungagung Regency and Drs. H. Mashud as council). Because in any proceedings, especially Chairman of Commission A (Legal and criminal law, in general, any person designated as Administration) Regional Representatives Council of suspects in a criminal case, it may be able to defend Tulungagung Regency. itself in a process of law, in the examination of the b. Observation law against him. Thus it is not possible for a suspect in a criminal offense to defend against himself in a Imperial Journal of Interdisciplinary Research (IJIR) Page 1079 Imperial Journal of Interdisciplinary Research (IJIR) Vol-2, Issue-9, 2016 ISSN: 2454-1362, http://www.onlinejournal.in legal process checks himself while he was a suspect follow-up of the Law on Legal Aid above.
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