Provide legal aid to vulnerable groups (ID0119)

What is the public problem that the commitment will address? Law No. 16 of 2011 concerning Legal Aid has acknowledged that victims are entitled to legal assistance. However, the Legal Aid Law’s current implementation only provides legal assistance to the poor, which is interpreted as economically poor. Article 5, paragraph 1 of the law states that legal aid recipients include any person or group of poor people who cannot independently and adequately fulfil their basic rights. Thus, the poor’s coverage, in this case, is broader than just economic, which is related to not fulfilling basic rights independently and adequately. On the other hand, there is also a need for legal assistance from vulnerable groups such as children, women, indigenous peoples, and persons with disabilities regardless of their economic conditions. In addition to the limited definition of poor, the implementation of the Legal Aid Law also prioritises litigation legal aid for suspects/defendants and the allocation of litigation budgets that is greater than non-litigation. In its implementation, legal aid organizations assist victims at the 37 police level up to the level of court and victim assistance outside the court process is exceedingly difficult to access legal aid funds, due to the lack of budget for victim assistance. This program is truly relevant during the pandemic and post-pandemic COVID-19 because the level of violence has increased during the implementation of the work from home policy. LBH Apik noted that there were 90 complaints of violence from March 16 to June 7, 2020. The highest violence occurred in the household context, while other violence occurred online through threats. What is the commitment The inclusion of vulnerable groups and gender in providing legal aid for victims. How will the commitment contribute to solving the public problem? Victims of crime for vulnerable groups will receive legal assistance, health, and court support services throughout the legal process to ensure access to justice and avoid secondary victimization. It includes other services, such as translation of legal documents when required. Why is this commitment relevant to Indonesian Medium-Term National Development Plan (RPJMN) and SDGs? This commitment supports the achievement of Goal 5.2 of the SDGs, eliminating all forms of violence against women in public and private spaces, including trafficking in persons and sexual exploitation and various other types of exploitation. Also, Goal 16.3, which is to promote the rule of law at the national and international levels and ensure equal access against justice for all. This program is under the 2020-2024 RPJMN, page 272, regarding increasing access to justice. Why is this commitment relevant to OGP values? This program is in line with the value of inclusion in the Open Government. Inclusivity of Legal aid for victims is attainable by including Vulnerable Groups and Gender in gaining access to justice. So far, people with disabilities and women are often excluded because of law enforcers' limitations in understanding their needs as victims. Additional Information - Milestone Activity with a verifiable deliverable Start Date End Date 38 1. Availability of a legal aid policy measures for victims, especially vulnerable groups and women. January 2021 December 2022 2. There is an increase in legal aid providers' capacity, and quality to have a victim perspective and sensitivity to vulnerable groups and gender. January 2021 December 2022

Action Plan Review

Commitment 9: Inclusion of Vulnerable Groups in Legal Aid

Results Report

Commitment 9. Inclusion of Vulnerable Groups in Legal Aid

● 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: Limited

● Did it open government? No early results to report yet

This commitment aimed to provide a legal aid policy for vulnerable groups and women, and to improve legal aid providers’ sensitivity to these populations. In terms of the policy, implementers attempted to amend Law No. 16 of 2011 on Legal Aid, which limits the scope of legal aid only for low-income populations. ^[76] Implementers conducted a review of the law and LBH APIK produced research on legal aid and vulnerable groups, ^[77] but the law was not amended. ^[78] Regarding capacity building for legal aid providers, paralegal training curriculum developed by BPHN addressed victim’s perspectives and issues related to gender, minorities, and vulnerable groups. It was disseminated to CSOs such as Sada Ahmo Association (Pesada), LBH Justice and Peace, LBH APIK, and a number of legal aid providers in Riau. ^[79] LBH APIK provided related capacity buildings to local CSOs. ^[80] This had a positive influence on providers’ understanding of victims and marginalized groups. ^[81] However, IRM did not find evidence of improved access to justice for these populations during the implementation period. The next action plan intends to build on this effort through continued capacity building, researching legal aid law, and monitoring and evaluating law enforcement’s treatment of women and vulnerable persons facing judicial proceedings.