Right of Litigation Legal Aid Providers Other than Advocates in Pekanbaru Religious Court

  • Robert Libra Faculty of Law, Universitas Lancang Kuning
  • Wilda Arifalina Faculty of Law, Universitas Lancang Kuning
Keywords: Right;Legal Aid Provider Other than Advocate.

Abstract

The main objective of this article is to provide advice to the Supreme Court of the Republic
of Indonesia in the framework of drafting the right regulation of litigation Legal Aid Providers other
than advocates specifically in Pekanbaru Religious Court. Pekanbaru Religious Court, which has the
right to proceed and take part in the trial in assisting the disadvantaged community in the litigation
process, only involves an advocate who has been sworn, whereas in Law Number 16 of 2011 concerning
Legal Aid of Legal Aid Providers to implement the Government Program actually also involves
paralegals, lecturers, and Faculty of Law students. This is confirmed by the Constitutional Court
Decision Number 88 / PUU-X / 2012. But in practice only advocates are allowed to proceed. The
existence of litigation legal aid providers other than advocates in the Pekanbaru Religious Court needs
to be better regulated because the rights of legal aid providers other than advocates are the same as the
right of an advocate when handling professional cases in a religious court, namely the right to be
appointed as legal counsel based on a special letter of authority, as representative or power of attorney
in a lawsuit, as a representative or power of attorney in the lawsuit if filed verbally or in writing, as a
prosecutor or defendant as power of attorney or representative in the trial, registered as an advocate/legal
aid provider in an accredited legal aid organization, to obtain a case fee, and to accompany clients at
the mediation level.

Published
2018-10-19
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