ROBUST YET FRAGILE: ENACTMENT OF LAW NUMBER 16 OF 2011 TO PROMOTE THE ROLE OF ADVOCATE IN IMPLEMENTING LEGAL AID
Abstract
Legal aid is crucial in fulfilling rights to equality before the law. In Indonesia, before 2011, underprivileged
citizens may access free charge of trial cost (pro deo) and free charge of lawyer’ fee (pro bono) procedures.
The procedure of pro deo is guaranteed by Law Number 48 Year 2009 concerning Judicial Power,
meanwhile performing pro bono is an obligation for advocate mandated by Law Number 18 Year 2003
regarding Advocates. These procedures are found to be beneficial. In fact, with vast number of underprivileged
justice seekers and still small number of advocates fulfilled pro bono obligation, wider public participation
is needed. The enactment of Law Number 16 Year 2011 tries to answer that challenge. The law
mandates to the government has the responsibility to fund legal aid performed by legal aid provider.
Clearly, legal aid provider is defined as legal aid institution or any civil society organization. Five years after
the enactment, legal aid has stellar performance in helping thousands of underprivileged justice seekers.
This article analyses how does the law affect to create synergy between pro bono, pro deo, and legal aid to
boost advocate performance in giving back to community.