Increasing Quality and Accessible Legal Aid (ID0146)

Brief Description of the Commitment

The establishment of a guideline for preparing operational standards (Stopela) in providing legal aid services to ensure the provision of quality legal aid, and mapping the legal needs of citizens to ensure that legal aid information and services are based on the people’s needs.

Problem Definition

1. What problem does the commitment aim to address? In 2021, BPHN through the Ministry of Law and Human Rights issued the Regulation of the Minister of Law and Human Rights (Permenkumham) Number 4 Year 2021 regarding Legal Aid Service Standards (Starla Bankum). The existence of this standard is a considerably excellent achievement and contributed to the achievement of the Open Government Indonesia National Action Plan (RAN OGI) for the 2018-2020 period—in which civil society organizations consisting of PBHI, YLBHI, IJRS and others collaborated with BPHN for the preparation of this standard. The existence of this guideline can encourage Legal Aid Organizations (OBH) to provide quality legal aid services. Unfortunately, this guideline is still not equipped with a derivative guideline which regulates the service standards that legal aid providers must apply on a technical level. Permenkumham Number 4 Year 2021 stipulates that OBHs can draft their own operational standards (Stopela), but the Ministerial Regulation does not provide any guidelines to do this. In addition to that, as part of ensuring the provision of quality legal aid, it is also necessary to ensure that the community can access this legal aid. Another effort that has been conducted is to provide an information portal regarding legal aid (which has been initiated since 2016) and which BPHN has tried to done in synergy with MA in 2021 through the 6th OGI NAP. However, this information portal has not been optimized by citizens because the information it provides is not yet based on their needs nor has it been aimed at the right target. Thus, to increase the provision of quality and accessible legal aid, the operational standards of OBHs and the present information portal regarding legal aid must be improved.

2. What are the causes of the problem? The importance of supporting the provision of quality and accessible legal aid is based on the results of the 2019 Access to Justice Index research in Indonesia, which shows that 64% of people who have legal problems tend not to seek legal aid—on the grounds that they are worried the process is complicated (Wicaksana dkk., 2020). Other findings in this Index also show that 53% of people do not know what free legal aid is. The results of this needs survey in 2 (two) provinces, namely Lampung and South Sulawesi, showed that 89.5% of respondents in Lampung Province and 92.3% of respondents in South Sulawesi Province were not aware of any Legal Aid Organizations (OBH). This indicates 2 (two) things, namely the lack of knowledge about legal aid and the existence of a negative view of legal aid from the community. Additionally, in the practice of providing legal aid, various obstacles are still encountered, such as the public not fully knowing what legal aid is, the lack of sensitivity from legal aid providers, service delivery standards that are still not uniform across different OBHs, and so on. These various obstacles tend to have implications towards people's reluctance to seek legal aid when experiencing legal problems. Therefore, strengthening Legal Aid Service Standards and legal aid information portals are important efforts.

Commitment Description

1. What has been done so far to solve the problem? During the 2020-2022 RAN OGI period, the Civil Society Coalition succeeded with BPHN in compiling and issuing Permenkumham 4/2021 concerning Legal Aid Service Standards. In the process of doing so, a Standard Guideline for Legal Aid Services was also formed to explain the technicalities of providing legal aid services. Additionally, in the same period, the Regulation of the Minister of Law and Human Rights Number 3 Year 2021 regarding Paralegals was issued, followed by trainings or capacity building activities for paralegals in Indonesia’s regions. At the end of 2019, a Legal Needs Survey study was also carried out in 2 (two) provinces in Lampung and South Sulawesi, which were used as references to encourage the provision of regional regulations in those provinces to further regulate the matter.

2. What solution are you proposing? The presence of a more technical guideline can facilitate the implementation of the existing Legal Aid Service Standards. When OBHs are equipped with proper operational standards, legal aid recipients can obtain legal aid that is more targeted, based on their needs, and accountable. Quality legal aid can encourage a more positive view of society towards legal aid so that people's access to legal aid can be maximized and optimized. Through this commitment, the proposing Civil Society Coalition aims to collaboratively create a Guideline for OBHs to create their own operational standards, as mandated by Permenkumham Number 4 Year 2021. Furthermore, considering how there are still many people who do not know about legal aid itself, the present legal aid information portal can be further optimized to better suit the needs of justice seekers. By doing so, it can encourage people to understand how to obtain legal aid, as well as its benefits.

3. What results do we want to achieve by implementing this commitment? Through the implementation of this commitment, it is hoped that more technical guidelines for Legal Aid Service Standards can be created so that legal aid providers can provide legal aid according to the standards and quality that are required. Additionally, from the implementation of this commitment it is hoped that an assessment of the community's needs regarding legal aid information can be obtained so that an information portal can be developed that suits the community's needs. By doing so, the people’s prevalence in seeking legal aid can be maximized.

Commitment Analysis

1. How will the commitment promote transparency? With the existence of a more comprehensive and targeted legal aid information portal, the public can easily obtain information regarding the legal aid they need. Thus, this commitment can contribute to the principle of transparency of information regarding legal aid.

2. How will the commitment help foster accountability? N/A

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions? The establishment of a Guideline for legal aid providers in creating an operational standard with elements of public participation is an implementation of the principles of participation and inclusion. This can be considered the first steps in ensuring legal equality and the fulfillment of justice for all Indonesian people while ensuring the public has a role in supporting this solution.

Commitment Planning (Milestones | Expected Outputs | Expected Completion Date)

Public participation in the establishment of an Assistance Guideline for Legal Aid Providers to Draft an Operational Standard (Stopela) for the Provision of Legal Aid Services | 1. Draft of Assistance Guideline for Legal Aid Providers to Draft an Operational Standard (Stopela) for the Provision of Legal Aid Services 2. Report from Socialization of Assistance Guideline for Legal Aid Providers to Draft an Operational Standard (Stopela) for the Provision of Legal Aid Services | 1. June 2024 2. December 2024

Mapping citizens’ legal needs to improve the legal aid information portal | 1. Research results from the mapping of citizens’ legal needs in relation to improving the legal aid information portal 2. Reports of discussions between stakeholders and follow up based on research findings from the mapping of citizens’ legal needs in relation to improving the legal aid information portal | 1. December 2023 2. December 2024

Action Plan Review

Commitment 12. Provision of quality and accessible legal aid

• Verifiable: Yes
• Does it have an open government lens? Yes
• Potential for results: Modest