Legal Policy of Constitutional Complaints in Judicial Review: A Comparison of Germany, Austria, Hungary, and Indonesia

Lailam, Tanto; Andrianti, Nita

doi:10.20961/bestuur.v11i1.70052

Cited by 3 publications

(2 citation statements)

References 31 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The Foundation can build cooperation with various parties, both at the local and national levels. This is particularly important in the context of LBH, where cooperation with governments, community organizations, and other non-governmental organizations is key to providing broader and more effective legal aid services (Lailam & Andrianti, 2023).…”

Section: Methodsmentioning

confidence: 99%

“…Selection of the most appropriate form of legal entity to formulate regulations for the establishment of legal aid institutions. The most appropriate reformulation of the rules for the establishment of legal aid institutions should take into account the legal context and legal culture of each country (Cameron & Kwiecien, 2019;Lailam & Andrianti, 2023;Rabe & Haddeland, 2023). In comparison to legal aid agencies in some countries:…”

Section: Choosing the Correct Form Of Legal Entitymentioning

confidence: 99%

See 1 more Smart Citation

Reimagining Legal Aid Institution Regulations to Enhance Legal Clarity

Prasetyorini,

Lisdiyono,

Mulyani

2024

J. of Law and Sust. Develop.

View full text Add to dashboard Cite

Purpose: to examine in depth the current LBH establishment arrangements. In addition, this study aims to formulate a regulatory formula for the formation of LBH that is appropriate and in accordance with the applicable legal context, with the main aim of realizing better legal certainty in supporting the mission of LBH in providing legal assistance to the community. Methods/design/approach: This research uses qualitative methods with a prescriptive research approach by describing data findings, both primary and secondary data, that have been processed and analyzed. Results: This research found that the regulations for the establishment of LAI/LAO in Indonesia need to be clarified, especially in terms of the status of the legal entity used. The status of the foundation dominates so that it becomes biased in carrying out its role as a legal aid institution to the community with consistency in the principles of the foundation regulated in Indonesian law. It is necessary to reformulate regulations that are more transparent and comprehensive for advocacy principles and can provide legal assistance to the community properly without being bound by limitations that may exist in the Foundation law. Conclusion: The dominant legal entity status for the Legal Aid Institute is in the form of a Foundation, a form of Foundation legal entity that has been the most appropriate to establish LAI/LAO in Indonesia because it has advantages, the foundation is non-profit and has no members, so it is more independent and cannot be intervened by any party. The provisions of legal entities in the Legal Aid Law, which are currently still based on Foundations and Associations, need to be supported by supervisory requirements in their implementation so as not to violate the essence of the enactment of the Foundation Law. Reformulation must result in clear legal aid institutions, protect human rights, provide equal access to justice, and achieve the desired level of legal certainty.

show abstract

Section: Methodsmentioning

confidence: 99%

Section: Choosing the Correct Form Of Legal Entitymentioning

confidence: 99%

Reimagining Legal Aid Institution Regulations to Enhance Legal Clarity

Prasetyorini,

Lisdiyono,

Mulyani

2024

J. of Law and Sust. Develop.

View full text Add to dashboard Cite

show abstract

The Indonesian Constitutional Court Approaches the Proportionality Principle to the Cases Involving Competing Rights

Lailam,

Anggia

2023

Self Cite

View full text Add to dashboard Cite

The research focuses on the proportionality analysis of the competing socio-economic rights in the Indonesian Constitutional Court / Mahkamah Konstitusi Republik Indonesia (the MKRI). It is motivated by the unclear concept/model of proportionality analysis in Indonesia and its application by the court. The research method used was normative legal research with statutory and case approaches. The MKRI's general practices need to be more structured, unsystematized, and uncomprehensive to implement with four stages: legitimate aims, suitability, necessity, and balancing. It applies a model that refers to the legal objectives based on Pancasila and the 1945 Constitution. It declares the balance of fundamental rights and obligations of citizens based on the values of the godhead, humanity, unity, democracy, and social justice. Hence, some decisions used proportionality analysis, specifically in economic rights. Its implications create a balance of legal norms and integratively value legal certainty, justice, and legal expediency.

show abstract

Reimagining Legal AID Institution Regulation to Enhance Legal Certainty

Prasetyorini,

Lisdiyono,

Mulyani

et al. 2024

RGSA

View full text Add to dashboard Cite

Purpose: This research aims to examine the regulations governing the establishment of Legal Aid Institutions (LAIs/LAOs) in Indonesia, with a focus on achieving necessary legal clarity to ensure their effective functioning. Method: This research employs a prescriptive research method, involving the description of primary and secondary data findings related to the regulations governing LAIs/LAOs establishment in Indonesia. The data are processed and analyzed to derive insights into the current legal framework. Result and Discussion: The findings indicate that the existing regulations concerning the establishment of LAIs/LAOs in Indonesia lack clarity, particularly regarding the legal entity status utilized. While foundation status predominates, its alignment with Indonesian legal principles requires further consistency. Therefore, this research underscores the need for more transparent and comprehensive reformulation of these regulations. Implication of the Research: Reforming the regulations governing the establishment of LAIs/LAOs holds significant implications for improving their efficiency and effectiveness. Such reforms can enhance access to justice, protect human rights, and ensure the proper functioning of LAIs/LAOs, thereby contributing to greater legal certainty and benefiting Indonesians in need of legal aid. Originality/Value: This research contributes to the existing literature by providing insights into the regulatory framework surrounding the establishment of LAIs/LAOs in Indonesia. By highlighting the need for reform and recommending clearer regulations, this study offers practical guidance for policymakers and stakeholders involved in legal aid provision, ultimately advancing the efficacy of legal aid services in Indonesia.

show abstract

Legal Policy of Constitutional Complaints in Judicial Review: A Comparison of Germany, Austria, Hungary, and Indonesia

Cited by 3 publications

References 31 publications

Reimagining Legal Aid Institution Regulations to Enhance Legal Clarity

Reimagining Legal Aid Institution Regulations to Enhance Legal Clarity

The Indonesian Constitutional Court Approaches the Proportionality Principle to the Cases Involving Competing Rights

Reimagining Legal AID Institution Regulation to Enhance Legal Certainty

Contact Info

Product

Resources

About