Badilag Exchanged Experiences with BPHN

Jakarta | badilag.net

Due to the enactment of the Law No. 16/2011 on the Legal Aid, Director General of Badilag, Wahyu Widiana visited the Head of the National Legal Development Agency (BPHN), DR. Wicipto Setiadi, SH., MH on Tuesday (10/1/2012). His visit was to discuss the implementation of legal aid programs after the enactment of the law. This is because BPHN is an echelon I unit in the Ministry of Law and Human Rights which is tasked to coordinate the implementation of Law No. 16/2011. In his visit, he was accompanied by Umiyati, SH (the Head of Sub-Directorate of Governance) and Rahmat Arijaya (the Special Staff for Foreign Affairs).

According to article 6 of the Law, the conferral of legal aid  to the legal aid recipient is organized by Minister of Law and Human Rights and operated by the legal aid provider.

In another article, it is stated that the government is obligated to allocate funds for the legal aid and the budget is allocated to the ministry which organizes the affairs of law and human rights.

. Wahyu explained to Wicipto Setiadi that the public are much interested with the Posbakum in the Religious Court. Recent data indicated, there were 31.232 Posbakum services during 2011 from the target of 11 553 services. This means that there was an increase of 270 percents.

On the other hand, the implementation of circuit court in 2011 also increased, from 273 locations to 338 locations.

Director General of Badilag also expressed the constraints that must be solved for the future implementation. Apparently, the public face significant difficulties in obtaining the “poverty letter” (SKTM), a requirement to litigate without cost (prodeo). Often they even spent more cost to get the SKTM than to pay the court fee which only about three hundred thousands.

Prodeo budget allocation about three hundred thousand per case makes the budget is not completely absorbed. When the court fee for a case is only about one hundred and fifty thousands, the remaining must be returned to the state. In addition, the people also hesitate if they are stated as the poor.

Wahyu expressed his worry after the enactment of the Law 16/2011, because the SKTM which is presupposed by the law will reduce the interest of the people to the legal aid programs. This is due to the problems mentioned above.

Director General of Badilag admitted that no matter if the legal aid budget is managed by the Ministry of Law and Human Rights. The most important thing is that people can enjoy the service well.

Exchanging Experiences with Badilag

The head of BPHN, Wicipto Setiadi Wahyu agreed that legal aid should run well and be effective in helping the community. He realized that the implementation in the future will not be easy. Many things must be observed and carefully prepared.

"Therefore, we urgently need a sharing of the experiences of Badilag in organizing the legal aid program." He said.

Setiadi Wicipto explained that BPHN needs to assess which ones are categorised as the legal aid based on the Law No. 16/2011 and the ones as the legal services organized by the Supreme Court. And thus, there is not overlapping legal aid.

He also asserted that the circuit court is absolutely a service organized by the Religious Court. He realized how important the program to the community.

Regarding the SKTM which is required by the Law No. 16/2011, he will examine it again. For him, this requirement will not have to be rigid. The people could get legal aid by showing the card of Jamkesnas (free health care), Raskin (subsidised rice program), or other certificates.

BPHN is currently drafting a regulation that will be the explanation of the Law No. 16/2011. To that goal, BPHN really needs the data owned Badilag including the experiences during this time.

"The socialization of legal aid in the future is indeed very important. We know exactly that the court should be passive. In the future we will organize the socialization to the community through the local government," He said.

[Mohammad Noor]