Principles of Affirmative Action In Providing Legal Aid For The Poor

Abstract

The provision of legal aid for the poor is part of fulfilling the constitutional right to access to justice as guaranteed by the Indonesian legal system. This study aims to analyze the provision of legal aid in Batu City through collaborative practices between the local government and Legal Aid Institutions/Legal Aid Organizations (LBH/OBH) domiciled outside the region, and to examine the application of the affirmative action principle in ensuring access to justice for the poor. This study uses a socio-legal method, which examines law not only as a norm, but also as a social practice occurring in society. The results show that collaboration with LBH/OBH from outside the region is a pragmatic solution to the lack of accredited legal aid institutions in Batu City, thus ensuring legal aid services remain accessible to the public. However, this practice raises legal issues due to disharmony between Regional Regulations and Mayoral Regulations that regulate domicile requirements for legal aid providers. In this context, the application of the affirmative action principle becomes relevant as an approach to addressing structural limitations and ensuring the fulfillment of substantive justice. This policy reflects a bias towards poor communities by providing broader access to legal services, despite administrative barriers. Therefore, it is necessary to harmonize regulations, strengthen institutions, and develop local LBH/OBH to create a more effective, inclusive, and sustainable legal aid system.