Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia

Research Article

Advocate Legal Assistance as a Way of Protecting Human Rights

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  • @INPROCEEDINGS{10.4108/eai.6-3-2021.2306199,
        author={Eddy  Riswanto and Suparno  Suparno},
        title={Advocate Legal Assistance as a Way of Protecting Human Rights},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE  2021, March 6th 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2021},
        month={5},
        keywords={legal aid; advocate; protection; human rights},
        doi={10.4108/eai.6-3-2021.2306199}
    }
    
  • Eddy Riswanto
    Suparno Suparno
    Year: 2021
    Advocate Legal Assistance as a Way of Protecting Human Rights
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-3-2021.2306199
Eddy Riswanto1,*, Suparno Suparno1
  • 1: Doctoral of Law, Universitas Borobudur Jakarta
*Contact email: eddyunborr@gmail.com

Abstract

Indonesia is a constitutional state, where everyone has the right of recognition, guarantees, protection and legal certainty that is fair and equal treatment before the law regardless of ethnicity, religion or status of life, including people who are unable, to gain access to justice. In a rule of law, the state recognizes and protects human rights for every individual, including the right to legal aid as a guarantee of access to justice which is a strict command of the constitution. So far, the provision of legal aid has not touched many people or groups of poor people, so they find it difficult to access justice because they are hampered by their inability to realize their constitutional rights. Apart from that, it is also due to the frequent occurrence of injustice to people who seek justice, especially for the poor who are economically incapable and do not have access to justice, so the provision of legal aid is very important. In the judicial system, advocates act as an element of the judicial system which is one of the pillars in upholding the rule of law and human rights. This free legal aid obligation is regulated in Law Number 18 of 2003 concerning Advocates. Regarding separate legal aid, it is regulated in Law Number 16 of 2011 concerning Legal Aid. Therefore, legal aid for advocates is an obligation, which is also part of protecting human rights in obtaining legal guarantees and protection.