Legal Aid Institute (Jakarta)

Background The Legal Aid Institute of Jakarta was established in 1969 following discussion at the third congress of the Indonesian Advocacy Association, and founded by Dr. Albert Hasibuan with the help of Professor Dr. Adnan Buyung Nasution. LBH was created with the idea of Bantuan Hukum Struktural (Structural Legal Aid) at the forefront of Nasution's motivation for what the institution would eventually become. Nasution maintained the belief that cause lawyering should go beyond the standard routine casework for those who cannot afford it but are in desperate need of it. Officially commencing operations in 1970, LBH took aim at helping those belonging to a lower socio-economic status, operating off of the principle of providing legal aid for the poor, and has been a leading NGO since. During the 1980s LBH Jakarta began applying principles of Structural Legal Aid. LBH Jakarta was the initial LBH in Indonesia, but not soon after its establishment, the formation of 15 other LBH office branches soon followed. These branches are located in 15 different provinces throughout Indonesia, ranging from Medan and Lampung to Bali and Papua. Given all of these different branches, the Indonesian Legal Aid Foundation (YLBHI) was founded on the basis of supporting the other offices throughout the country. Suharto regime LBH was established while Indonesia was under the authoritarian regime of Suharto. Entering into power in the late 1960s, Suharto and his 'New Order' maintained a dominance in Indonesia until the end of the regime in May 1998. During this time law was hardly effective, which was one of the primary reasons Nasution kept structural legal aid at the forefront of LBH. Throughout the New Order dominance in Indonesia, LBH became an outspoken critic of the leader's authoritarian regime. Thus leading to the legal aid institution, becoming the immediate source of defence for those accused in subversion and political cases. Many significant political trials were litigated by LBH during the Suharto regime. and the post-Suharto removal of restrictions on political activity, helped to facilitate and further anti-corruption activity; by 2000 approximately 450 legally oriented NGOs were identified, while the more exact numbers were estimated to be in the thousands. This rally was held despite both military and police representatives maintaining that the allegations regarding the event were false. After protestors returned the next day, and were met with police resistance, a mob attacked the building at 1:22 am on the Monday morning, resulting in physical damage. == Legal aid in indonesia==

Legal Aid Organizations are not limited to receiving solely government/public funding. They are permitted to receive funds in various forms such as grants or donations. In terms of receiving funding from the government, the Ministry of Justice and Human Rights is solely responsible. Advocates law Law No. 18/2003, also known as the Advocates Law, was one of the only documents outlining legal aid in Indonesia, prior to the 16/2011 law. The Advocates Law came into effect on April 5, 2003. This document not only defined the term 'advocate' but also set out specific requirements for all advocates to adhere to. According to the law, advocates are defined as "individuals in the profession of providing legal services, both within and outside court, who fulfill professional requirements set out in the Advocates Law" Despite the provisions set out in this Law, it was criticized for lacking a system of implementation of the provisions it outlined. The Advocates Law was essential to legal aid in Indonesia prior to the era of the new legal aid, and currently still provides a foundation for the provision of legal aid which the new provisions add to or build off of. New Legal Aid The beginning of the New Legal Aid in Indonesia was marked by the drafting of Law 16/2011. This law marked an important change in legal aid in Indonesia. Prior to the creation of Law 16/2011, legal aid and public interest law organizations, including LBH Jakarta, conducted their work without legislative or regulatory structures. Legal aid NGOs operated off of minimal decrees issued on behalf of the Indonesian Supreme Court, and the Advocates Law of 2003. Law 16/2011 adds several definitions for legal aid and those who receive legal aid. According to this law legal aid is defined as, "legal assistance that is given by a legal aid provider free of charge to the recipient of legal aid" and the recipient of legal aid is defined as "a poor person or group, and the provision of legal aid includes criminal, civil, and administrative matters, both litigious and non-litigious" This new law was a critical development for legal aid in Indonesia; until this piece of legislation was created the only guidelines regarding legal aid specifically existed in the Advocates Law. However, this new law outlines many more relevant aspects of legal aid such as those who are qualified to give and receive legal aid, in addition to the standards that must be met when administering forms of legal aid. == Structure==

Cause lawyers A cause lawyer is defined as a "lawyer driven by a "willingness to undertake controversial and politically charged activities and/or by a sense of commitment to particular ideals." Due to the socio-political nature of what unites and drives cause lawyers, they address such issues with the aim of achieving a means of greater social justice, like changing laws or regulations. Through addressing certain issue areas, cause lawyers have the capacity to draw attention to the lack of stability within law and politics. In contrast to a 'hired gun lawyer' a cause lawyer can be seen as quite different; a cause lawyer either works as a volunteer or on quite a low salary. Cause lawyers are another unique attribute of LBH Indonesia. Since the 1970s LBH has been a prominent force for cause lawyers. The lawyers within LBH take initiative in seeking judicial review of policies, convictions, and government decisions in general, in forms relevant to court action Funding Funding for the Legal Aid Institute of Jakarta has been tumultuous. After 2001, financial support from funding agencies plummeted, the long established donors, Novib and USAID withdrew support. After the Suharto regime collapsed, financial support from domestic sources was scarce. However, LBH has been able to obtain financial support from the Canadian International Development Agency [CIDA], the Partnership Governance Reform in Indonesia [PGRI] and through local donations from the public. LBH Jakarta also receives funding from the Australian Agency for International Development (AusAID). == Institutional goals==

The institutional goals and mission of not only LBH Jakarta, but the LBH offices all over Indonesia are: • Establish, promote and disseminate the values of democratic and just law-based state, and uphold human rights in all social segments without condition • Establish and promote independent and empowered ... marginalized people in such a way that enables them to formulate, articulate and struggle for and sustain their collective and individual interests; • Develop systems, institutions and other supporting instruments to increase effectiveness of the efforts to fulfill the rights of the marginalized people; • Initiate, encourage, advocate and support law development programs, enforcement of legal justice and national legal reform in line with the viable Constitution and the Universal Declaration of Human Rights; • Promote and develop programs that contain dimension of justice in politics, socio-economics, culture and gender, particularly for the marginalized people Overall, the institute aims to be consistent in the fight for democracy and protection of human rights in Indonesia. == Activities==

LBH Jakarta's activities are categorized into four areas: • Fair Trial • Labor Rights • Urban Poor • Vulnerable Minority After the end of the Suharto regime and following the reformation, LBH Jakarta has been one of the leading institutions in terms of representing religious minorities in cases of religious freedom and violations. These cases have become a large part of LBH Jakarta's agenda, especially due to the 'Blasphemy Law' passing in 2010. Two prominent cases LBH Jakarta represented in regards to blasphemy against Islam are the Aan case in 2012, and Muluk case in 2013. • Alexander Aan was convicted under law 11/2008 on Electronic Transactions and Information. His conviction was based on a post on the "Minang Atheists" Facebook page about Muhammad, and was considered blasphemous against Islam. Under this conviction Aan is classified as "A person who intentionally and without right spreads information that aims to cause hatred or hostility towards an individual and/or particular group that is based on ethnicity, religion, race or inter-group relations". • Tajul Muluk was convicted of "blaspheming Islam" under Art 156a of the Criminal Code in Indonesia. He was convicted for holding Shia beliefs, which are regarded as inherently "deviant" by mainstream Sunni organizations in Indonesia . These cases are also examples of the institutions' public interest litigation agenda they have pursued since its early years of implementation. LBH Jakarta has brought cases for judicial review of legislation to the constitutional court, including aforementioned Blasphemy Law in 2010, and in 2012–13. ==References==