LEGAL AID FOR MARGINAL COMMUNITIES IN INDONESIA (INVESMENT FRAUD VICTIM CASE)

Abstract

 Legal Legal aid is basically a translation of “legal assistance”, which, in practice, has a different orientation. Legal aid is usually used for the understanding of legal assistance in a strict sense of providing legal services to people who are involved in a case for free or free for those who are in financial needs (poor) and legal assistance is a term used to indicate the meaning of legal assistance to those who cannot afford, with honorarium. The motivation of the study to know and analysis about the concept of legal aids for marginal community and the implementation of mandate of the advocate in providing legal aid for marginal communities in indonesia (victims of  investment fraud case). This article used normative research based on an inventory and identification of secondary data in a descriptive qualitative manner through a case analysis approach. Based on the research results, legal aid is a right of a person or group of people who are poor that has been regulated in various international and national instruments. As a universally recognized right, which is the actualization of human rights and equality before the law. On 4 October 2011, Law No. 16 of 2011 on Legal Aid was ratified. In providing legal aid to marginalized communities, advocates have the responsibility to carry out the legal aid programs because advocate is a noble profession (Officium Nobile), which requires the defense of all people regardless of race, color, religion, culture and socio-economic background. Legal aid provided to marginalized clients aims to guarantee and fulfill the right to receive legal aid and to get access to justice; to realize the constitutional rights of every citizen in accordance with the principle of equality before the law; to guarantee the certainty of the implementation of Legal Aid carried out evenly throughout the Republic of Indonesia; and to realize effective, efficient and accountable justice.