Legal Aid Institute (Jakarta)

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.[2] Dr. Hasibuan was also a prominent human rights lawyer and activist who entered into the legal profession as a prosecutor in the 1950s. Initially, LBH Jakarta was created as a pilot idea with the support from PERADIN (Persatuan Advokat Indonesia), the Indonesian bar association, and from the provincial government of Jakarta. Despite this, LBH has played a historical role in the creation of what is now the Indonesian Legal Aid Foundation (YLBHI), and been a key player in human rights cases throughout Indonesia.[5] 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.

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.[6] 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.[1]

The end of the Suharto era was seen as a sign of hope by many within the country, as well as on the international level. Numerous new formal structures like the National Law Commission and Constitutional Commission were entrenched,[7] 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.[1] However, the creation of several establishments and commissions did not directly result in a guarantee of protection of the rights of the underprivileged. The transition period after the fall of the Suharto regime was immersed with corruption. Communal conflict increased in cases explicitly regarding violence against small ethnic groups, women and the lower-class community. Specific to LBH, the number of cases reported post-Suharto increased drastically, and attacks against various LBH offices escalated during this time period, including the 2001 attack on the LBH Jakarta office.[7]

Ten years after LBH Jakarta began operating, it began to apply the practice of structural legal aid, which has been one of its most unique qualities as a legal aid NGO. Although the concept was only applied ten years after its founding, the concept was essential to the founder Dr. Nasution's vision of the institution who believed that structural legal aid was pivotal to the role of cause lawyering.[1] Through this approach, the importance of addressing the root of human rights violations is maintained.[7] The concept of structural legal aid is often seen as broad, and is consequently applied as such. Structural Legal Aid is a form of litigation. Briefly, it encompasses public interest litigation as well as activities that are non-litigation based. These may include various forms of research, publication and community education; through this model LBH also engages in the discussion and questioning of numerous government policies and practices that breach the legal rights of Indonesia's citizens.[1]

LBH's use of structural legal aid, has brought some challenges to the institution. Given that the approach is quite broad, the institution was operating with various lawyers and legal aid workers of different competencies when it came to the handling of non-court based activities. Additionally, structural legal aid approach also made LBH workers targets of the Suharto regime.[7]

The existence of multiple LBH offices throughout Indonesia have not always been received by the entire Indonesian population. This is due in part to the cases they represent and the political activism they engage in. This has been evidenced in various attacks on the physical offices themselves, as well as direct attacks on LBH Directors. Two of these attacks have been on the LBH/YLBHI Jakarta office.

On April 13, 2001, the LBH Jakarta office was attacked by members of the Jakarta Police Precinct. The attack was motivated by the anti-military protests taking place near the LBH Jakarta office. Police officers attempted to arrest some of the demonstrators, some of whom took refuge in the office building. The building was damaged as rocks were thrown at the building, and batons were used to break windows. Five members went on to enter the building, where a Legal Aid Training session (Kalabahu) was being held. 10 of the student activists who sought refuge in the building were assaulted. The attacks on the activists were so violent than an eye-witness claimed to have lost consciousness at the sight of seeing real forms of torture. The LBH Jakarta office being used as a place to take cover is not uncommon as demonstrators often use the building as a safe place whenever interactions between demonstrators and police/military become violent.[7]

On September 18, 2017, in the early hours of the morning, the YLBHI office in Jakarta was attacked by hundreds of anti-communists. The attack was provoked by the belief that an event associated to the Communist Party of Indonesia (PKI) was being held inside the building. Initially, a day prior to the attack, a rally was held outside the building in opposition to the events believed to be occurring the next day.[8] 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.[9]

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"[1] The Advocates Law states the following requirements for all advocates:

• Be admitted to the profession by a single Bar Association, which must issue a declaration of admission to the Supreme Court and the Ministry (art. 2(2));
• Hold a law degree (arts. 2(1) and 3(1)(e));
• Participate in professional advocate special education (art. 2(1));
• Have Indonesian citizenship (art. 3(1)(a));
• Reside in Indonesia (art. 3(1)(b));
• Not work as a civil servant or state official (art. 3(1)(c));
• Be at least 25 years old (art. 3(1)(d));
• Pass the Bar Association examination (art. 3(1)(f));
• Have conducted an apprenticeship of at least two continuous years in an advocate's office (art. 3(1)(g));
• Never have been convicted of a criminal offence (art. 3(1)(h)); and
• Demonstrate good behaviour, honesty, responsibility, fairness, and strong integrity (art. 3(1)(i)).[1]

The Advocates Law also outlined the following provisions on legal aid:

• Legal assistance is legal service that an advocate provides pro bono to an incapable client (Article 1 No. 9);
• In performing his duty an advocate should not discriminate against potential clients based on gender, political interest, ethnicity, race, and cultural or social background (Article 18 paragraph 1);
• An advocate has an obligation to provide pro bono legal assistance to incapable justice seekers (Article 22 paragraph 1);
• Through the legal assistance he/she provides, an advocate is performing his/her professional duty to provide justice based on the law in the interests of justice seekers, including empowerment efforts (Clarification of Paragraph 2)[11]

Despite the provisions set out in this Law, it was criticized for lacking a system of implementation of the provisions it outlined.[10] 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.

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"[1] 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.[10]

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."[1] 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 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).[7]