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For Indonesia’s Poor, Paralegals Pave the Way to Justice
Ulma Haryanto | January 25, 2012

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The phrase “taking justice into your own hands” usually has a negative meaning, but for the 110 men and women who took the oath to become paralegals on Tuesday, it is an ingrained goal.

When legal aid is considered as luxury, paralegals become important to poor and underprivileged communities who cannot afford sky-high fees for lawyers.

“Marginalized people have their own legal troubles, from forced eviction and union-busting to unlawful legal processing by the police,” said Alghifari Aqsa of the Jakarta Legal Aid Institute (LBH).

LBH Jakarta alone received more than 4,000 reports last year, but at its current capacity it could only handle about 6 percent.

This unmet need for legal help led LBH Jakarta to start its own paralegal training in 2009, trying to develop a base of paralegals who could assist their communities with judicial troubles.

“The students get basic legal training to recognize relevant regulations, and those who are more advanced can learn about specific topics,” Alghifari said.

The training takes several months to complete, including a one-month case study.

“We chose juvenile cases and religious tolerance for the advanced topics due to their relevance,” Alghifari said.

Wahida, 40, has participated in the training since it began in 2009. Last year she took part in a case study on religious tolerance, which led her to visit a school in Kampung Pulo, West Jakarta, that had been attacked by hard-liners in 2008.

“As you can see, I’m wearing a headscarf, and when I entered the school everybody inside stared at me,” Wahida said.

She said the experience was a revelation; she realized she felt comfortable entering a biblical school although she is a Muslim.

“Our faith lies in our hearts,” she said. “Even though I was physically there [in the school], I’m still a Muslim. And even a Christian can wear a headscarf and be OK with it.”

Neneng, a local activist from Rumpin, Bogor, which has been the site of an ongoing land dispute between villagers and the National Air Force, went to an Ahmadiyah settlement in Cisalada village for her case study.

“When I first arrived, I didn’t tell them I was from LBH Jakarta, but from Rumpin,” she said. “They immediately accepted me because my people and their people are both victims.”

Febi Yonesta, also from LBH Jakarta, said the training aims to build solidarity between victims of injustice.

“Together they can be stronger and support each other,” he said. “Most of the time, these people can actually be better lawyers because they know exactly what others are dealing with.”

Dela, 65, became fiery with excitement when she was asked about her most recent case.

“I managed to get 1,050 children in Tangerang their birth certificates,” she said.

The 2006 Public Administration Law stipulates that children older than one year can only receive their birth certificates through a court proceeding.

“Court means that people need lawyers, and most children without birth certificates come from poor families,” Dela said.

Approximately 50 million children in Indonesia lack birth certificates. Last year, then Justice and Human Rights Minister Patrialis Akbar gave people a chance to get certificates without going to court, but Dela said that many people were charged hundreds of thousands of rupiah by their administrative offices.

“We invited these office heads to meet with the people, and we also invited LBH Jakarta,” she said. “Then we helped people give their correct information to the local civil registration offices, and ensured that they wouldn’t have to pay more than the Rp 10,000 [$1.10] legal administrative cost.”

Separately, Denny Indrayana, the deputy minister of justice and human rights, acknowledged the importance of paralegals.

“They bridge the law and justice-seekers,” he said.

His ministry is currently drafting a governmental decree on the recently issued Legal Aid Bill. The decree is expected to provide verification and accreditation methods to people who provide paralegal services.