The characteristic to do obligation the supremacy of law regarding Frederick Julius Sthal a law expert from Germany are, First : There is a administrative trial to examine the governance official or the official leader when they do a mistake as a leader who make a decision relate to communities policy, Second : There are division of power (Trias Politica) between Executive as a director of power, Legislative as a legislator who monitor the executive and made the legislation and Judicative as a body who make a decision on processing the communities appeal. Third, There is a certainty activities on law enforcement and Fourth: there is confession and respect on human rights value as a universal rights, especially implementing the principles of equality in front the law or equality of arm and getting fair trial and impartial.
Implementing fourth characteristic of state law as mention above clearly gave explanation to poor people as a citizen that they have a rights to access and get justice (Justice for all and accessible to all). Access to justice, especially giving legal assist to poor people as an obligation from the state is still an expensive means. It is not the priority thinks comparing with several countries in European.
This is caused by lacking of intention from the state on fulfilling state obligation on giving legal aid (legal assistance and legal services) to poor people and weak. There are a several reason why there are still lack of fulfilling on legal aid by the state for poor people and weak especially the poor people who live in rural area and indigenous people which difficult to reach by regular transportation and lack of solicitors, lawyers and paralegal.
First;, Until rights now, there are no regulations (Bill, Law, Government Regulation, President Regulation and Local Regulation) in Indonesia which guaranty to poor and weak people to get legal assist, especially a Bill on Legal Aid. If there are, that guaranty still on legal aid mechanism which ruled on Kitab Undang-Undang Hukum Acara Pidana (KUHAP) Bill Number 8 Years 1981 and Government Regulation Number 83 Year 2008 on Procedure of Free Legal Aid. On both regulations, state obligation to fulfill legal aid as a free of charge only as lips services. Until rights now, advocate bar, law office, legal aid institutions even individual of advocate has not done this regulation. It because they reluctant to do it. It was caused by lack of support such as fund to the giver of legal aid. The regulation (Government regulation Number 83 years 2008 on legal aid free of charge procedure) seem legalize the throw of state obligation to solicitors and advocate without give financial support. This time, there are 3 bar organization in Indonesia, PERADI, KAI and PERADIN. Only PERADI foam a legal aid which gives legal aid to poor people. Otherwise, it have not been a SOP (Standard Operating Procedure) to give legal aid to poor people.
Even in KUHAP and Government Regulation Number 83 Years 2008 on Free of charge of Legal Aid Procedure gives order to state to give legal aid to poor people and someone who charge 5 years. It has not been clearly stipulate on who will do this obligation. Whether only the advocate candidate and younger advocate in famous law firm will do this legal assistance or maybe the senior lawyer will do it as judicare principles. If there were the senior advocate give legal assist to poor people, they just looking for popularity for his self or his law firm. They don’t want give legal assistance or legal services to the cases which is not make them popular. This is caused by there is no clear criteria on who is eligible to give and receive legal assistance and services. Do the paralegal can give legal assist to rural community and indigenous people?
Second :This time, Indonesia population amount 220 million people, only lack of 10 % people who has live enough quality. Meanwhile, 90 % people in Indonesia is live in poor condition and lack of intention from the state. 90 % people in Indonesia has income per day only $ US 1 and they don’t have attention from advocate and they don’t afford to hired the advocate. The existence of advocate for community who live in the rural area and indigenous people were very importance. We can take a look at the fact that poor people are unable to pay lawyer to provide legal assistance and services.
The minimum numbers of advocate in Indonesia if we compare to the number of cases in Indonesia, while many poor people should be assisted to overcome their law problems. In accordance to ratio number between advocate and community nowadays such a in unbalance condition (legal notice of Supreme Court and PERADI ( Association of Indonesian Advocate) the number of advocate in Indonesia until 2008 around 22.000 people, if we compare to the number of Indonesian citizen 220 million, so the comparison for one of advocate will provide assistance for 10.000 of people. Besides, not all advocates were registered by Supreme Court and PERADI will ready to provide law assistance for free to the poor and poverty people. In one side when their cases have structural dimension that will make them should face authority structure,which are these situation will make them got so many obstacles on the process handling and for sure these cases will be so difficult to be won eventhough justice searchers have been provided by so many relevant proofs.
Concerning to these matters, in order to get approach to the poor and poverty people for their justice, it will be very necessary to provide them with law product by the same level with Regulations that will regulate on Nation’s responsibility to provide them with assistance services in law matters to the poor and poverty people whose need law assistance which is regulated on some points such as, who will provide law assistance, acceptance of law assistance, budget and law assistance procedures. On this point, Law assistance provider will be provided by advocate, should be considered that to give chance to paralegal as law assistance provider, mainly to the area which have no advocate or Bachelor of Law and sub urban area which can not be covered, paralegal can provide first aid on legal services which have generic and temporary characteristics. The reason is, Legal aid and services specially for poor and poverty people, its become a great concern and as the right which can not be denied on any conditions.
P3KH AS TOGETHERNESS MEDIA
Nowadays, Padang Legal Aid Institution (LBH Padang) has cooperated with Eurepean Union on Good Governance in Judiciary program and TIFA Foundation that provide training to the community which always get law problem to be the member of Paralegal community. At least there are 54 of paralegal communities that is spread out in mostly of Cities and Districts in West Sumatra such as Pesisir Selatan, Padang Pariaman, Tanah datar, Pasaman Barat, 50 Kota and Solok. But not all of the area provided by P3KH (First Legal Aid Post). Basic idea on development of P3KH is in the area which has paralegal communities and community mediator. In addition, at least there are 3 P3KH in West Sumatra that consists of P3KH Solok, Kapalo Ilalang, Padang Pariaman District and Ampiang Parak Pesisir Selatan District. To this present time P3KH have provide legal aid about 25 cases which consists of 15 of criminal cases, (Violence, Abused, Kidnapped, Household Abused and Violence, illegal mining as C drilling, Burglary, Accident, Sexual Abused, Environment Pollution, Illegalized Letter and selection violence), 9 cases of Customary Private Dispute case (land dispute and rights, Customary land pawning, 2 divorced cases, 1 Tax cases and 1 Labor case (Work Severance Relationship). Some steps that have been done by paralegal in P3KH can be in various ways such as consultation, to support in police office, to provide assistance in the court, event the decision is made without defendant (verstek). At least by existence of P3KH could give big contribution to the community access to get legal aid.
In P3KH, Paralegal that is associated in P3KH and supported by Mediator that have trained by IICT (Indonesian Institute for Conflict Training) is an institution of mediator trainer in Indonesia accredited under Indonesia University. The mediator conduct the mediation activity within the community if paralegal ask them to solve problems which is can be solved by mediator that has no relation to the conflict of importance between both parties. Usually mediators are from the community elder and respected by the people. First step that usually should be taken is to use customary law that is ruled within the community.
PARALEGAL AS ALTERNATIVE SOLUTION TO LEGAL SERVICES AND LEGAL ASSISTANCE
Regarding to the cases that have to be postponed to get Legal aid for weak and poverty community, should have an alternative answer in order to provide legal aid to the people on getting their right on equality of law. One of the answers is by conducting the training to them which have to get involve in law matters through the Basic Law education. The purpose of this activity is to provide first aid on legal aid. Community that have been trained by Basic Law education as stated above will become a Paralegal (Law Practitioner) that will have obligation to provide Legal Aid and assistance to the Community. As well as an advocate which will have obligation to provide Legal Aid and services. Basically difference between a Paralegal with an advocate on limitation on regulated regulations is only on the Task Coveraged and authorization. Advocate can conduct their duty wherever and whenever. In other hand, the duty and function of Paralegal only on limitation of first laegal aid and services assistance and can not conduct their duty on the court.
Based on my experience in Padang Legal Aid, when community have been trained (on fund assistance which were provided TIFA Foundation) by knowledge of Law and Order then back into the community to apply their capability on Law major, specially on practiced capability on provide first aid on legal advisory and legal assistance service. Paralegal community often have to face obstacles on their assistance within the community, and also law apparatus itself. Basic problem of paralegal community is due to community untrustworthy to the capacity, no appreciation from law apparatus to their existence, there’s no rules that provide regulation to their existence in Indonesia, there’s no consolidation for Indonesian Paralegal, while the number of paralegal member were developed and paralegal legality on doing their task as well as common advocate.
Paralegal community as the first person who will provide advisory to legal aid assistance to the community which handle legal matters in generally from personally that was appointed by community organization imaginally on development process which have been formed by Non Goverment Organization (NGO). Paralegal education in Indonesia not only just began since 1980. Because of NGO in Indonesia assest that social changed not only rely on civil society in NGO formation, but it have to be conducted by cooperation with the victims of structural and policy that put their right asside. For this reason, civils that have became the victims of development should be provided by education related to huge frame, global system and law product formation due to the dispute of capital owners and politicians that caused their right put assided. Civil victims have to be cooperated with NGO to conduct structural changed and specially on Law.
Paralegal should have media that will enforced their legality existence which was called as Legal Aid Community Organization which from community, for community and to community.
PARALEGAL AS FRONTLINE OF POSTPONED JUSTICE
P3KH as the media on providing legal aid to weak and poverty people, the role of paralegal cannot be denied and have an important role. On the process on providing of legal aid, Paralegal usually are guided by advocates that work on Padang Legal Aid. Paralegal that is associated in P3KH often have to meet legality obstacles of their existence on conduct their activity on Police level, Attorney, and court. To against this problem, Padang Legal aid have several times to do socialization with Law apparatus and especially in Solok District P3KH is supported by private radio station in order to socialize the existence of Paralegal.
By. ALVON KURNIA PALMA
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