Revision of the Legal Aid Law Prioritizes Non-Litigation Dispute Resolution

The revision of Law No. 16 of 2011 on Legal Aid (“Draft Bill on Legal Aid”) will prioritize the resolution of legal issues through non-litigation legal aid. This approach is expected to facilitate the early resolution of disputes without necessarily resorting to lengthy court proceedings, while also strengthening the implementation of restorative justice.

Constantinus Kristomo, Head of the Center for Legal Culture and Legal Aid at the National Legal Development Agency (Badan Pembinaan Hukum Nasional/BPHN), under the Ministry of Law, stated that this approach is one of the policy directions underpinning the revision of the Legal Aid Law.

“The revision will prioritize the implementation of restorative justice,” Kristomo told Hukumonline.

According to Kristomo, dispute resolution through non-litigation mechanisms will be directed toward strengthening restorative approaches and deliberation at the community level. In addition to providing opportunities to resolve disputes outside the courts, this approach is expected to help reduce the burden on correctional institutions.

To support its implementation, the Government will optimize the role of Legal Aid Posts (Pos Bantuan Hukum - “Posbankum”) at the village and urban village levels, while enhancing the capacity of paralegals through training. These measures are expected to broaden public access to legal aid and enable legal issues to be addressed at an early stage within the community.