Skip Navigation
Indonesia

Improvements to Legal Aid (ID0105)

Overview

At-a-Glance

Action Plan: Indonesia Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: National Law Development Agency of Indonesia

Support Institution(s): Ministry of National Development Planning /Bappenas, 1. Indonesia Legal Aid Foundation 2. Medialink

Policy Areas

Access to Justice, Capacity Building, Civic Space, Defending Journalists and Activists, Justice, Legislation & Regulation, Sustainable Development Goals

IRM Review

IRM Report: Indonesia Design Report 2018-2020

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Public Accountability

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

January 2019 - December 2020
Commitment Description
Lead implementing
agency/actor
National Law Development Agency of Indonesia
Article 28D Paragraph (1) of the 1945 Constitution of
the Republic of Indonesia affirms that everyone gets
the right for recognition, guarantee, protection,
impartial legal certainty and equal treatment before the
law, so that public access to justice and equality before
the law is a human right that must be fulfilled by the
State. In this case, legal aid services play an important
role in helping the community, especially the poor, to
obtain their constitutional rights through free provided
legal services mandated by Law of the Republic of
Indonesia Number 16/2011 on Legal Aid.
However, the reality shows these rights have not been
fully fulfilled due to several factors, namely (i) the
limited budget for national legal assistance followed
the increasing legal cases handled; (ii) the limited
range of legal assistance due to the unequal
distribution of the Legal Aid Organization (LAO) to the
regions outside Java Island; (iii) the quality of legal aid
services is still low both in terms of its institutional
aspects and their capacity to handle legal cases; and
(iv) lack of legal awareness of the community,
especially the poor.
Based on these conditions, this Action Plan is
committed to expand and increase the quantity and
quality of legal aid services that target the entire
community, including the poor.
What is the public problem that
the commitment will address?
The commitment to nurturing legal aid access for the
community is encouraged through two aspects;
through policies and also education to the community
and LAO. Provision of regulations that guarantee the
government to support access to legal aid will provide
bases for legal aid organization to be able to provide
legal assistance to the community.Furthermore, the
education and socialisation stages for the law
awareness of the community also become one of the
points so that the community understand the right to
equality before the law. In the end, the goal of this
commitment is to be able to improve the quality of legal
aid organization services so that people get equal
access before the law. getting quality legal aid services. In addition, this
commitment is also to strengthen the awareness and
legal capacity of the community (especially the poor
and marginalised). Beside being used for providing
legal aid services through legal aid organisation, the
legal aid budget in the national and regional budget
must also be increased for the legal aid socialisation
programs. The establishment of a Community Legal
Center conducted by National Law Development
Agency of Indonesia will also be a space for the
community to obtain legal information. Higher legal awareness will also increase the capacity
of the community to access information. Provision of
legal aid services will also provide space for people to
suing public policies that violate their rights as citizens.
Why is this commitment relevant
to OGP values?
● In the 2015-2019 National Medium-Term
Development Plan the objectives of legal
development are to strengthen the state's
presence in implementing system reform and
corruption-free, dignified and trusted law
enforcement.
● Indonesia has a 2016-2019 National Access to
Justice Strategy prepared by The Ministry of
National Development where legal aid is
designated as Strategy 3, i.e. Strengthening
Access to Justice to Legal Aid.
● Through Presidential Regulation 59 of 2017 on
Sustainable Development Goals, Indonesia
establish its commitment to run the SDGs
especially on Goal 16. Milestone Activity with a verifiable
deliverable
Start Date: End Date:
1. Increasing number of 100 legal
aid regulations in district/city level
January 2019 September 2019
2. The availability of 21 legal aid
regulations at the provincial level
January 2020 September 2020
3. Increasing number of legal aid
services recipients (in terms of
information, consultation and legal
assistance) to 20,000 people.
January 2019 September 2020
4. The improvement of the
satisfaction index of legal aid
services recipients (target 50%
quite satisfied or very satisfied)
September 2019
September 2020
December 2019
December 2020 Contact information
Other Actors
Involved
State actors
involved Ministry of National Development Planning /Bappenas
CSOs, private
sector, multilaterals,
working groups
1. Indonesia Legal Aid Foundation
2. Medialink

IRM Midterm Status Summary

14. The Expansion and Increase in Quantity and Quality of Legal Aid Services

Language of the commitment as it appears in the action plan:

The commitment to nurturing legal aid access for the community is encouraged through two aspects; through policies and also education to the community and LAO. Provision of regulations that guarantee the government to support access to legal aid will provide bases for legal aid organization to be able to provide legal assistance to the community. Furthermore, the education and socialization stages for the law awareness of the community also become one of the points so that the community understand the right to equality before the law. In the end, the goal of this commitment is to be able to improve the quality of legal aid organization services so that people get equal access before the law.

Milestones:

  1. Increasing number of 100 legal aid regulations in district/city level.
  2. The availability of 21 legal aid regulations at the provincial level.
  3. Increasing number of legal aid services recipients (in terms of information, consultation and legal assistance) to 20,000 people.
  4. The improvement of the satisfaction index of legal aid services recipients (target 50% quite satisfied or very satisfied).

Start Date: January 2019                                                               End Date: December 2020

Context and Objectives

The 1945 Constitution of Indonesia guarantees the basic right of all citizens to justice and equality before the law. Law No. 16/2011 [148] on Legal Aid reaffirms these rights by mandating the provision of legal aid, especially for those who cannot afford representation. The Law further mandates that legal aid services be provided on the principles of fairness, equality before the law, openness, efficiency, effectiveness, and accountability. [149] As such, the provision of legal services by legal aid organizations (LBH) must adhere to these principles.

Legal aid services in Indonesia face many challenges, such as disproportion between funding for legal aid organizations and their caseloads, varying legal aid availability across different regions, a lack of awareness about legal aid services, especially in poor communities, and weak institutional capacity of legal aid organizations. [150]

The process of developing this commitment was largely shaped by civil society, particularly the Tifa Foundation, in response to conversations involving the Indonesian government in improving access to justice in the country. [151] The focus of this commitment is to gain government pledges to provide more funding for legal aid organizations who provide free legal services.

Objectives of this commitment include more local regulations (Perda) on legal aid services, increasing the number of individuals receiving legal aid services, strengthening the capacity of legal aid organizations to provide legal services, and achieving high satisfaction rates based on the quality of services provided by legal aid organizations.

A 2018 report [152] from the Indonesia Legal Aid Foundation (YLBHI) noted that the National Law Development Agency (BPHN) has accredited a total of 405 legal aid organizations across 167 cities or regencies in 34 provinces. However, a large average percentage (71%) of poor people [153] are not aware of legal aid services. This is in line with findings from CSOs who indicated a large gap between the availability and capacity of legal aid organizations to provide legal services. [154]

In the 2019 state budget, the government allocated 53 billion rupiah (3.73 USD) for legal aid services throughout Indonesia, an increase from the previous year’s 48 billion rupiah (3.38 USD) allocation. [155] This was followed by an increase in the number of legal aid organization accreditations from 405 to 524. [156] The BPHN also monitors the performance of all accredited legal aid organizations through a Legal Aid Performance Index which measures the satisfaction rate of clients.

Despite an increase in funding, the capacity and availability of legal aid organizations still needs to increase significantly in order to guarantee access to legal services for poor citizens. To fill in the gap, this commitment aims to secure commitments from local government leaders in 100 cities or regencies by issuing local regulations on legal aid services. Using these regulations, local governments will have a basis to also allocate a portion of their budget to fund legal aid organizations. Through collaboration with civil society and the formation of community legal centers at the local level by the BPHN, this commitment will also raise public awareness of legal aid services.

Next Steps

Given the scale of the problem that this commitment addresses, the government and civil society are advised to collaborate to determine priority areas. The government plays a pivotal role in funding, monitoring, and raising public awareness of citizens’ legal rights, including the availability of legal aid services for those in need. Meanwhile, civil society can help facilitate initiatives and efforts to build the capacity of legal aid organizations to continue increasing available legal aid services throughout the country.

In doing so, the government and civil society should consider the following actions:

  • Establish a nationwide network of all legal aid organizations to build capacity;
  • Develop a collaborative strategy involving legal aid organizations across the country to raise public awareness of the availability and importance of legal aid services; and
  • Improve access to legal aid service information by creating an online platform where citizens can acquire basic legal information on their rights and connect with nearby legal aid organizations.


[148] Government of Indonesia, “Undang-Undang No. 16/2011 tentang Bantuan Hukum” (2011), https://www.bphn.go.id/data/documents/11uu016.pdf.

[149] Ibid.

[150] Open Government Indonesia National Secretariat, “Indonesia OGP National Action Plan 2018–2020” (2018), 47, https://www.opengovpartnership.org/wp-content/uploads/2019/01/Indonesia_Action-Plan_2018-2020.pdf.

[151] Darwanto (MediaLink), interview by IRM researcher, 7 Mar. 2019.

[152] Indonesia Legal Aid Foundation, Tifa Foundation, Ministry of Home Affairs, and Ministry of Law and Human Rights, “Panduan Penyelenggaraan Bantuan Hukum di Daerah” (2018), https://ylbhi.or.id/bibliografi/panduan-penyelenggaraan-bantuan-hukum-di-daerah.

[153] Ibid.

[154] Darwanto, interview.

[155] National Law Development Agency, "Perluas Jangkauan, BPHN Loloskan 524 Organisasi Bantuan Hukum" (2019), https://bphn.go.id/news/2019010413001183/Perluas-Jangkauan-BPHN-Loloskan-524-Organisasi-Bantuan-Hukum.

[156] Ministry of Law and Human Rights, “Lembaga/Organisasi Bantuan Hukum yang Lulus Verifikasi dan Akreditasi sebagai Pemberi Bantuan Hukum Periode Tahun 2019 s.d. 2021” (2018), https://bphn.go.id/news/2019010202381490/LEMBAGAORGANISASI-BANTUAN-HUKUM-YANG-LULUS-VERIFIKASI-DAN-AKREDITASI-SEBAGAI-PEMBERI-BANTUAN-HUKUM-PERIODE-TAHUN-2019-SD-2021.


Commitments

  1. Disclose public procurement and open contract information

    ID0111, 2020, Anti-Corruption

  2. Increase responsiveness to public service complaints

    ID0112, 2020, E-Government

  3. Implement One Data Indonesia policy

    ID0113, 2020, Access to Information

  4. Pilot community-based evaluation for development programs

    ID0114, 2020, Local Commitments

  5. Increase public service access for marginalized groups

    ID0115, 2020, Gender

  6. Accessibility for persons with disabilities in judicial process

    ID0116, 2020, Access to Justice

  7. Develop open legal aid information portal

    ID0117, 2020, Access to Justice

  8. Expand capacity of legal aid services

    ID0118, 2020, Access to Justice

  9. Provide legal aid to vulnerable groups

    ID0119, 2020, Access to Justice

  10. Ensure access to legal aid information

    ID0120, 2020, Access to Information

  11. Make social welfare data more transparent

    ID0121, 2020, Access to Information

  12. Pilot social accountability approach in villages

    ID0122, 2020, Capacity Building

  13. Provide open election data

    ID0123, 2020, Access to Information

  14. Create digital platform for female health services

    ID0124, 2020, E-Government

  15. Disclose information related to COVID-19 budget

    ID0125, 2020, E-Government

  16. Involve civil society in Truth and Reconciliation Commission (TRC) Bill

    ID0126, 2020, Access to Justice

  17. Strengthen and open access to beneficial ownership data

    ID0127, 2020, Anti-Corruption

  18. Promote civic space in restorative justice efforts

    ID0128, 2020, Access to Justice

  19. Improve capacity to promote public participation in legislative process

    ID0129, 2020, Capacity Building

  20. Create digital platform for open parliament data

    ID0130, 2020, Access to Information

  21. Provide public access to information on members of parliament

    ID0131, 2020, Capacity Building

  22. Create forums for dialogue between parliament members and citizens

    ID0132, 2020, Open Parliaments

  23. Use journalists and media to promote innovations in parliamentary openness

    ID0133, 2020, E-Government

  24. Institutionalize and increase capacity of Open Parliament Indonesia

    ID0134, 2020, Capacity Building

  25. Platform for Improved Legislative Data and Information

    ID0106, 2018, Capacity Building

  26. Make Legislative Information More Accessible

    ID0107, 2018, E-Government

  27. Improving Documentation and Access to Information on Parliamentary Sessions

    ID0108, 2018, E-Government

  28. Formulation of the Open Parliament Indonesia Roadmap

    ID0109, 2018, Capacity Building

  29. Establishing the Open Parliament Indonesia Institution

    ID0110, 2018, Open Parliaments

  30. Extractives Data Management

    ID0092, 2018, Anti-Corruption

  31. Transparency and Participation in Health Data

    ID0093, 2018, E-Government

  32. Public Service Data

    ID0094, 2018, E-Government

  33. Participatory Education Budget

    ID0095, 2018, Capacity Building

  34. Participatory Village Government Planning

    ID0096, 2018, Capacity Building

  35. Civic Participation in E-Legislation Portal

    ID0097, 2018, E-Government

  36. Election Data Openness

    ID0098, 2018, Access to Information

  37. Health Service Data

    ID0099, 2018, E-Government

  38. Public Consultation Reform

    ID0100, 2018, Capacity Building

  39. LAPOR!-SP4N Quality Improvements

    ID0101, 2018, Capacity Building

  40. Complaint System for Environment

    ID0102, 2018, Anti-Corruption

  41. Government Procurement Transparency

    ID0103, 2018, Anti-Corruption

  42. Strenthening Open Data

    ID0104, 2018, Access to Information

  43. Improvements to Legal Aid

    ID0105, 2018, Access to Justice

  44. Open Government Strategic Plan

    ID0047, 2016, Public Participation

  45. Public Agency Consultation Guidlines

    ID0048, 2016, Capacity Building

  46. Good Governance Manual and Public Consultations to Reach SDGs

    ID0049, 2016, Capacity Building

  47. Geospatial Information Management

    ID0050, 2016, Capacity Building

  48. Monitoring Public Services by Ombudsman

    ID0051, 2016, E-Government

  49. Ombudsman Overseeing Public Services

    ID0052, 2016,

  50. Public Services at Ministry of Education and Culture

    ID0053, 2016, Capacity Building

  51. Public Services at Ministry of Religious Affairs

    ID0054, 2016,

  52. Development of LAPOR into SP4N

    ID0055, 2016, Capacity Building

  53. Public Complaints Administration Integration into LAPOR!-SP4N

    ID0056, 2016, Capacity Building

  54. LAPOR!- SP4N as Citizen Aspiration and Complaints Platform

    ID0057, 2016, Capacity Building

  55. 1 Million Complaints Via LAPOR! by 2016

    ID0058, 2016, E-Government

  56. LAPOR! Public Accountability

    ID0059, 2016, Public Participation

  57. Interconnectivity of SOEs to LAPOR!

    ID0060, 2016, Capacity Building

  58. Environment and Forrest Sector Public Complaints

    ID0061, 2016, E-Government

  59. Strengthened Village Governance

    ID0062, 2016, Capacity Building

  60. Public Information Disclosure Through Ministry of Health

    ID0063, 2016, E-Government

  61. Public Information Disclosure Through Ministry of Education and Culture

    ID0064, 2016, E-Government

  62. Public Information Disclosure Through Ministry of Research Technology and Higher Education

    ID0065, 2016, E-Government

  63. Public Information Disclosure at Higher Education Institutions

    ID0066, 2016, E-Government

  64. Budget Transparency Information System

    ID0067, 2016, E-Government

  65. Inter Agency Data Governance

    ID0068, 2016, Capacity Building

  66. Open Data Implementation

    ID0069, 2016, Capacity Building

  67. Public Complaints Channels

    ID0070, 2016, Capacity Building

  68. Information Disclosure at Village Levels

    ID0071, 2016, E-Government

  69. Increase in Number of Open Data

    ID0072, 2016, Access to Information

  70. Improved Public Services

    ID0073, 2016, Capacity Building

  71. Transparency in the Regional Government Budget System

    ID0074, 2016, E-Government

  72. Procurement Disclosure in Bandung

    ID0075, 2016, Anti-Corruption

  73. Enhancing the LAPOR! Application

    ID0076, 2016, E-Government

  74. Public Complaints Services in the City of Bandung

    ID0077, 2016, Local Commitments

  75. Information Disclosure on Citizens’ Proposals to DPRD

    ID0078, 2016, E-Government

  76. Greater Public Participation in Disseminating Development Information

    ID0079, 2016, Education

  77. "One Data Indonesia” in Semarang.

    ID0080, 2016, Access to Information

  78. One Data Basis for Semarang

    ID0081, 2016, Access to Information

  79. Enhanced Public Information Disclosure

    ID0082, 2016, E-Government

  80. Public Monitoring of Services in Semarang

    ID0083, 2016, Capacity Building

  81. Access to Information on DPRD

    ID0084, 2016, Capacity Building

  82. Data Governance of DPRD

    ID0085, 2016, Fiscal Openness

  83. Infrastructure for Fublic Information Disclosure

    ID0086, 2016, Capacity Building

  84. Public Information Communications Strategy

    ID0087, 2016, Local Commitments

  85. Information Through Jakarta.Go.Id Portal

    ID0088, 2016, Capacity Building

  86. Public Services Complaint Channel

    ID0089, 2016, Local Commitments

  87. Strengthening of Data Governance

    ID0090, 2016, Access to Information

  88. Public Participation in Development Planning

    ID0091, 2016, E-Government

  89. Strengthening Transparency Infrastructure of Public Bodies

    ID0028, 2014,

  90. Strengthening Infrastructure of Central and Local Information Commission

    ID0029, 2014, Capacity Building

  91. Strengthening Institutional and Human Resources Infrastructure for Public Services

    ID0030, 2014, Public Participation

  92. Improve Quality of Openness in Health Services

    ID0031, 2014, Health

  93. Improve Quality of Openness in Education Services

    ID0032, 2014, E-Government

  94. Accelerate Open and Good Governance Practices in Law Enforcement

    ID0033, 2014, E-Government

  95. Accelerate Open and Good Governance Practices in Goods and Services Procurement

    ID0034, 2014, Anti-Corruption

  96. Accelerate Open and Good Governance Practices in Business Development and Investment Sector

    ID0035, 2014, Capacity Building

  97. Accelerate Open and Good Governance Practices in Land Affairs

    ID0036, 2014, Land Rights & Spatial Planning

  98. Accelerate Open and Good Governance Practices in Management of Migrant Workers

    ID0037, 2014, Citizenship & Immigration

  99. Accelerate Open and Good Governance Practices in Hajj Management

    ID0038, 2014,

  100. Accelerate Open and Good Governance Practices in Natural Resources Management

    ID0039, 2014, Anti-Corruption

  101. Improve Public Participation in Development Planning

    ID0040, 2014, E-Government

  102. Improve Public Participation in House of Representative and Regional Representative Council

    ID0041, 2014, Open Parliaments

  103. Improve Public Participation in Environmental Preservation

    ID0042, 2014, Environment and Climate

  104. Community Empowerment to Handle Poor Society and People with Disabilities and Special Needs

    ID0043, 2014, Health

  105. Community Empowerment to Support Environmental Sustainability

    ID0044, 2014, Environment and Climate

  106. Community Empowerment to Strengthen Agriculture Sector

    ID0045, 2014, Capacity Building

  107. Community Empowerment to Develop Creative Sector

    ID0046, 2014, E-Government

  108. Motor Vehicle Services

    ID0013, 2013, Infrastructure & Transport

  109. Public School Funding

    ID0014, 2013, Anti-Corruption

  110. Hajj Services: Ministry of Religious Affairs

    ID0015, 2013, Anti-Corruption

  111. Marriage Services: Office of Religious Affairs

    ID0016, 2013,

  112. Toll Roads

    ID0017, 2013,

  113. Land Affairs Transparency

    ID0018, 2013, E-Government

  114. Forest Management

    ID0019, 2013, Anti-Corruption

  115. Transparency and Accountability in Natural Resources Management Activity

    ID0020, 2013, Access to Information

  116. Oil, Gas, and Mining Revenue Transparency

    ID0021, 2013, Anti-Corruption

  117. Appointments of Information and Documentation Management Officials (PPID) in National Agencies and Enactments of their Standard Operating Procedure

    ID0022, 2013, Access to Information

  118. Starred commitment Formulation of a Working Plan and a Well-Operated Tracking System for Business/Investment Licensing Servies in 10 Provinces and 10 Regencies/Cities

    ID0023, 2013, E-Government

  119. Encouraging the Acceleration of the Operational Formation for Information Services in Local Government through the Formation of Local Government's PPID and its Tools

    ID0024, 2013, Access to Information

  120. Encouraging Comprehensive Implementation of Open Government in Pilot Province/Regency/City

    ID0025, 2013, Local Commitments

  121. Integration of Performance-Based Budgeting

    ID0026, 2013, Fiscal Openness

  122. Ensuring the Publication of Budget Plan (RKA/DIPA)

    ID0027, 2013, Fiscal Openness

  123. Poverty Reduction

    ID0001, 2011, E-Government

  124. Education Subsidies

    ID0002, 2011, Education

  125. Health Subsidies

    ID0003, 2011, Health

  126. Police

    ID0004, 2011, Access to Justice

  127. High Corruption Risk

    ID0005, 2011, E-Government

  128. Civil Service Recruitment

    ID0006, 2011, Capacity Building

  129. Land Administration

    ID0007, 2011, E-Government

  130. National Budget Information

    ID0008, 2011, Anti-Corruption

  131. District Budget Information

    ID0009, 2011, Fiscal Openness

  132. e-Procurement

    ID0010, 2011, Anti-Corruption

  133. One-Map Portal

    ID0011, 2011, E-Government

  134. Environmental Openness

    ID0012, 2011, Anti-Corruption

Open Government Partnership