Expand capacity of legal aid services (ID0118)
Overview
At-a-Glance
Action Plan: Indonesia Action Plan 2020-2022
Action Plan Cycle: 2020
Status:
Institutions
Lead Institution: Ministry of Law and Human Rights - National Law Development Agency (Badan Pembinaan Hukum Nasional - BPHN)
Support Institution(s): State actors involved Ministry of National Development Planning/National Development Planning Agency
Policy Areas
Access to Justice, Capacity Building, Justice, Sustainable Development GoalsIRM Review
IRM Report: Indonesia Results Report 2020-2022, Indonesia Action Plan Review 2020-2022
Early Results: Marginal
Design i
Verifiable: Yes
Relevant to OGP Values: Yes
Ambition (see definition): Low
Implementation i
Description
What is the public problem that the commitment will address? This program is a continuation of the National Action Plan’s commitment for the 2018-2020 period, namely the Expansion and Improvement of the Quantity and Quality of Legal Aid Services. During the previous period, the indicators included the availability of regional regulations and increased legal aid recipients. However, these two aspects have not covered the public's need for access to justice. Therefore, this legal aid strengthening program will focus on two factors: Legal Aid Organizations as institutions and Human Resources, which are the key to implementing Legal Aid Organizations. Currently, most Legal Aid Organizations are concentrated in large cities. Therefore, it is necessary to encourage the establishment of Legal Aid Organizations in small or farthest regencies/municipalities by facilitating the verification and accreditation process and providing 33 dispensation to establish of Legal Aid Organizations in these areas. Furthermore, in terms of strengthening human resources, the Ministry of Law and Human Rights is preparing a draft revision of the Ministry Regulation on Paralegals in Providing Legal Aid and Paralegal Curriculum. Through this policy, it is hoped that every legal aid organization that has been verified and accredited can hold at least one paralegal training for the community with at least 20 participants with the Ministry of Law and Human Rights and the Regional support Government. Thus, in two years, at least 10,000 people are trained to become executors of legal aid and provide legal aid in the farthest areas. Additionally, Legal Aid Providers are drafting policies regarding legal aid service standards. However, each Legal Aid Organization is still given the opportunity to ratify and develop Human Resources in its institution with the support and assistance of legal aid administrators. With this support, it is hoped that each Legal Aid Organization will have a legal aid service standard that refers to the legal aid service standards issued by legal aid providers. What is the commitment The expansion of access and capacity of legal aid services. How will the commitment contribute to solving the public problem? The establishment of a Legal Aid Organization in the farthest region aims to cater to the community’s legal aid needs in the outlying region. This program will also ensure that the number of Legal Aid Organizations in the most distant areas matches the community’s size of requests for legal assistance. Furthermore, in terms of Human Resources, this program will increase the community’s knowledge, competence, and skills to expand the reach of providing legal aid as legal aid providers, especially paralegals. Also, strengthening the Human Resources’ capacity can be done by implementing the Legal Aid Service Standards policy in providing legal aid in Legal Aid Organizations. Why is this commitment relevant to OGP values? This commitment is in line with Open Government values, namely participation and inclusion. With the training for 34 paralegals, the community can increase access to justice in various regions, especially in the farthest regions. Besides, the establishment of Legal Aid Organizations in the farthest regions enforces inclusion. The most distant areas have always been regions with lower resources than big cities centralised in Java Island. Therefore, this program will include people in the farthest regions by gaining access to justice with Legal Aid Organizations’s existence in their areas. Why is this commitment relevant to Indonesian Medium-Term National Development Plan (RPJMN) and SDGs? This commitment will support the 16th SDGs Goal, namely Strengthening Inclusive and Peaceful Societies for Sustainable Development, Providing Access to Justice for All, and Building Effective, Accountable and Inclusive Institutions at All Levels and mainly target 16.3, namely promoting the rule of law at the national level. And internationally and ensure equal access to justice for all. This program is also under the 2020-2024 RPJMN, page 272, regarding increasing access to justice. Additional Information - Milestone Activity with a verifiable deliverable Start Date End Date 1. Increase the number and distribution of legal aid service providers. January 2021 December 2022 2. Increase the number and capacity of paralegals. January 2021 December 2022 3. Implementation of legal aid service standards by legal aid organizations January 2021 December 2022
IRM Midterm Status Summary
Action Plan Review
Commitment 8: Strengthening Legal Aid Services
IRM End of Term Status Summary
Results Report
Commitment 8. Strengthening Legal Aid Services
● Verifiable: Yes
● Does it have an open government lens? Yes
● This commitment has been clustered as: Access to Justice (Commitments 6–10)
● Potential for results: Modest
● Completion: Substantial
● Did it open government? Marginal
This commitment intended to increase the number and distribution of legal aid service providers, increase the number and capacity of paralegals, and implement legal aid service standards for legal aid organizations. Compared to the 524 accredited legal aid service providers in 2019, [68] for the 2022–2024 period, 619 providers were accredited comprising 121 new providers and 498 reaccredited existing providers. [69] A total of 237 providers (38 percent) remained concentrated in the island of Java or major cities because of the strict accreditation requirements. CSOs advocated for affirmative action in some regions, but the Ministry of Law and Human Rights rejected this proposal. [70] There was no evidence of an increase in the number of paralegals. However, Ministerial Regulation No. 3 of 2021 on Paralegal in Legal Aid Services set the standards for conditions, rights and responsibilities, skills, capacity building, and monitoring and evaluation of paralegals. [71] The National Law Development Agency (BPHN) also published and disseminated guidance for paralegal trainings in collaboration with the Ministry of Law and Human Rights. [72] Finally, the Ministry of Law and Human Rights issued Ministerial Regulation No. 4 of 2021 on Legal Aid Service Standards for both litigation and non-litigation services. [73] Subsequently, BPHN also issued and disseminated guidance on legal aid service standards, covering rights and obligations of legal aid providers, standards for litigation and non-litigation services, and capacity building. [74] In the next action plan, a commitment plans for more technical guidelines to facilitate implementation of the standards. In terms of early results, the commitment improved the regulatory environment for legal aid, the number of legal aid providers, and standards for paralegals – but it did not make major changes to the existing access to justice landscape in Indonesia, particularly in regions outside of large cities. However, government implementers continued positive collaboration with civil society partners, including YLBHI, PBHI, and IJRS. [75]