Choosing Structural Legal Assistance: a Paradigmatic
Study on the Effort of Justice
Fahmi Baiquni
1*
, Erlyn Indarti
2
, Aditya Yuli Sulistyawan
3
{fahmibaiquni97@gmail.com
*1
, erlynindarti@yahoo.com
2
, adityayuli38@gmail.com
3
}
Fakultas Hukum, Universitas Diponegoro, Jl. Prof. H. Soedarto, S.H., Semarang, Indonesia 50275
1,2,3
Abstract. This study aims to understand the structural legal aid, and the contribution of
paradigmatic study in structural legal aid as an effort to realize justice. This research is
conducted using field research by conducting observations and interviews with
stakeholders related to the application of structural legal aid with the support of literature
review. Structural legal aid has a different way of working than usual legal aid. The way
it works in carrying out legal aid cannot be separated from the meaning of justice
believed in.. This makes structural legal aid interesting to be studied. Through
philosophical studies, the main paradigmatic study will be traced in detail and in depth
paradigms that guide structural legal aid.
Keywords: structural legal aid, philosophy, paradigm, justice.
1 Introduction
The state of Indonesia is a state of law. The statement is contained in Article 1 paragraph
(3) of the Law of the Republic of Indonesia. The article emphasizes that the methods used by
the state in solving problems must be carried out according to law. Rules are made, containing
what is and isn't allowed. Every regulation that has been mutually agreed upon is made by the
state, so that citizens are given proper attention. Law needs to be seen as an expression of the
ideals of community justice.[1]
Therefore, a state which has declared itself to be a state of law must under any
circumstances be able to realize justice.
The inauguration of Indonesia as a state of law listed in Article 1 paragraph (3) of the
1945 Constitution sends a message that there is a strong desire of the state to guarantee the
implementation of equality in law, among others marked by the regulation of the right of
everyone to get equal treatment before the law, as well as guarantee for everyone to get access
to justice (justice for all and access to justice). These rights are the basic rights of every person
that is universal. This is important to understand because so far, the state has always been
confronted by groups of people who are poor or unable, both economically and knowledge to
understand the law itself (legally blind) so that they cannot get justice.[2] Based on this, some
legal figures were moved to form not only a forum for advocacy, but also legal education for
them. Later, this movement would be known as its concept as 'Structural Legal Aid'.
In Indonesia, there is an institution called the Legal Aid Foundation (YLBH-LBH). This
institution was formed on the idea of Adnan Buyung Nasution. In 1969, Buyung who was a
young advocate launched the concept of legal aid that breathed the movement in the third
congress of PERADIN in Jakarta, to be further realized by forming LBH in 1971.[3] Since it
ICSTIAMI 2019, July 17-18, Jakarta, Indonesia
Copyright © 2021 EAI
DOI 10.4108/eai.17-7-2019.2303338