Legal Literacy - This article will discuss what a paralegal is paralegal and their role in the legal world.
Definition of Paralegal
In general, a paralegal is one of the parties that can provide legal assistance in a broad sense, in addition to advocates, lecturers, and students. Paralegals have been recognized as part of legal aid organizations as providers of legal aid services in Indonesia based on Law Number 16 of 2011 concerning Legal Aid. Article 1 number 5 of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 3 of 2021 concerning Paralegals in the Provision of Legal Aid states that:
“A Paralegal is any person who comes from a community, society, or Legal Aid Provider who has attended Paralegal training, does not work as an advocate, and does not independently assist Legal Aid Recipients in court.”
Anyone can become a paralegal as long as they are not an Advocate and are willing to work voluntarily for the benefit of poor, vulnerable people or their own community. However, in Regulation of the Minister of Law and Human Rights Number 3 of 2021, Article 4 explains that
“To be recruited as a Paralegal, the following requirements must be met:
- an Indonesian citizen;
- at least 18 (eighteen) years old;
- have the ability to read and write;
- is not a member of the Indonesian National Armed Forces, the Indonesian National Police, or the State Civil Apparatus; and
- meets other requirements determined by the Legal Aid Provider and does not conflict with statutory regulations
Duties, Roles and Functions of Paralegals
Unlike advocates, they cannot replace the position of advocates in conducting defenses in court. Their main tasks are to provide legal advice, document cases, foster community social skills, assist communities in the negotiation process in a legal dispute, or provide first aid in the event of a legal event in their community or region.
Tasks
- The Provision of Legal Aid includes:
- Conducting case investigations
- Conducting legal consultations
- Providing assistance outside of court, whether in the form of mediation or negotiation.
- Legal Aid Empowerment
- Conducting legal education for the community in the surrounding environment/community.
- Organizing communities in the surrounding environment or community.
- Documentation
collecting data (in the form of files and photos) related to the task of providing legal aid and community empowerment.
In Permenkumham No. 3 of 2021, Article 9 affirms that
"Legal Aid Providers may involve Paralegals who have the competence to carry out the provision of Legal Aid."
In addition, Article 10 further affirms that Legal Aid Providers may assign Paralegals who have the competence to provide legal services in the form of:
- advocacy for regional apparatus policies at the village/sub-district level up to the provincial level;
- assistance for programs or activities managed by ministries, non-ministerial government institutions, provincial regional governments, regency/city regional governments, or village governments; and/or
- collaborates with legal extension officers to establish and/or guide law-conscious family groups.
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