The tracks and footsteps of LBH Bali, LBH Yogyakarta and LBH Surabaya PuBLiSHer
Pathways for Justice
The tracks and footsteps of LBH Bali, LBH Yogyakarta and LBH Surabaya
PuBLiSHerLembaga Bantuan Hukum (LBH) Bali Australia-Indonesia Partnership for Justice (AIPJ)
PrinT ediTion
January 2015
ediTor
Rofiqi Hasan
TranSLaTor
Miki Salman
LaYouT
FX
Cover
Dwi Suputra Tapak-tapak untuk Keadilan FOREWORD
Legal Aid Institution (LBH) was born from the idealism to fight for justice and human rights, with a particular focus on providing legal aid for the poor and marginal. LBH has a long track record of work and achievements in fighting for justice for those who are facing injustice. This book is a compilation of stories of three Legal Aid Institutions – LBH Bali, LBH Yogyakarta, and LBH Surabaya – in performing their legal aid work. This book also intends to illustrate how LBH has faced and overcome the various barriers and challenges it faced.
LBH has had many achievements in its long journey, in handling cases, community organizing and advocacy, as well as to promote policy change at the national as well as local level. Cases that LBH handles pertain to labor, children, women, environmental, natural resource and other issues where people are vulnerable to injustices due to their limited access to proper legal aid. Besides defending people facing the law, LBH also considers that it is important to empower the people through organizing and advocacy. LBH also continues to press the government to fulfil its duty to respect, fulfil and protect human rights through policy advocacy.
LBH collaborated with the Australia-Indonesia Partnership for Justice (AIPJ) in publishing this book with the hope that it could serve as reference or a source of learning for the people about public defending, both through litigati- on and non-litigation. This book is also intended to motivate the spirit of advocacy for both practicing and aspiring public defenders, as well as for the public at large who want to support the legal aid movement. This book is also a form of public accountability of LBH Bali, LBH Yogyakarta and LBH Surabaya for the activities it has done so far, as well as a form of transparency and integrity of each institution.
We thank AIPJ who has worked together to make this book, to Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) and other LBH colleagues in all of Indonesia; LBH Banda Aceh, LBH Medan, LBH Padang, LBH Pekanbaru, LBH Palem- bang, LBH Bandar Lampung, LBH Makassar, LBH Manado, LBH Jakarta, LBH Bandung, LBH Semarang and LBH Papua. We also would like to especially thank the editorial team (LBH Bali Team, LBH Surabaya Team and LBH Yogyakarta Team); to bapak Rofiqi Hasan who has helped us edit this book; to all staff of LBH Bali, LBH Yogyakarta and LBH Sura- baya for their hard work and perseverance through the thick an thin of struggle for justice. Lastly, we thank all those who has contributed to the publication of this book whom we cannot name one by one. We hope this book can be useful for the public and able to inspire those in the justice sector and advocacy, to rema- in consistent and loyal in the good fight for justice. We hope to spread LBH’s spirit to fight for justice for all. We seek your support and participation, morally and materially, so we can continue to provide legal aid for those in need. Justice for All!
LBH Bali director LBH Surabaya director LBH Yogyakarta director Ni Luh Gede Yastini, S.H. M. Faiq Assiddiqi, S.H. Samsudin Nurseha, S.H.
2
Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan PROLOGUE By: Patrick Burgess Ba LLB LLM Senior advisor on Legal aid and Criminal Justice aiPJ
Indonesia has undergone a remarkable positive change in relation to its laws and regulations in recent years. As the laws become more accurate and complex the need for specialists who can interpret them and who are qualified to represent a case in court increases. Corporations, businesses and large land owners have the resources to hire lawyers to assist them when they need this help. But what of the poor? Those who cannot afford to pay for specia- list legal help face just as many, or more legal problems and challenges than those who have more resources. If the poor and marginalized do not have access to legal help then the social imbalances that affect them become even more acute. The potential to supply justice, through these laws and the mechanisms of implementing them has increased sig- nificantly. However this will not achieve the desired result of increasing the actual level of justice unless there is an equal improvement in the ability of justice seekers particularly the poor and vulnerable, to access these services. This gap is often filled by civil society organizations such as LBH Bali. The lawyers and staff of these organizations work long hours, into the night and all through many weekends, for low wages, because they believe in their missi- on- to bridge the gap, to provide a voice for those who have no voice in the courts and legal processes. I have been fortunate to be able to see first hand the kind of work that these organizations do. However many ot- hers do not know enough about the people they assist, the advice they give, the mediation and other services they provide and they kinds of cases they carry forward inside and outside the courts. The legal aid lawyers are often too busy trying to help others to systematically gather together information and stories relating to their work.
We hope that the collaboration between the Australia- Indonesia Partnership for Justice (AIPJ) and LBH Bali on this book will help us to understand better the day to day work done by the organization. Behind the stories in this book are the wrinkled faces of old farmers, with deep wisdom and knowledge of the mysteries of Bali’s rice irrigation sys- tems who are terrified of a courtroom or interaction with judges. Behind the stories we hear the cry of poor children in need of help, of women who have been victimized, workers who have been treated unjustly. There are also those who may have be arrested by the police, had their liberty taken from them, and are in need of experts to help them to defend themselves against possible charges. International law includes the principle that without a fair trial no individual should be imprisoned and without a lawyer representing an accused person a trial cannot be fair. Most of those who face trial in a criminal court are poor and cannot afford to pay for a lawyer. Organizations such as LBH Bali are their hope for a just result, freedom of they are innocent, a fair sentence if guilty, and an opportunity to explain their side of the story in all cases. The aspirations behind the stories and information in this book are that every individual can feel secure in knowing that there is help available when they face a legal problem, that every trial will be fair, and that much conflict will be averted through achieving a just system of dispute resolution where all parties are equally strong. Congratulations to LBH Bali on the cases they have handled, often struggling against great odds, and thank you for opening our eyes to a small proportion of these cases through the stories in this book.
TABLE OF CONTENTS
PuBLiSHer’S PaGe ........................................................................................................................................ 1
ForeWord ....................................................................................................................................................... 2
ProLoGue ....................................................................................................................................................... 3
CHaPTer i : WeavinG THe dreaM ......................................................................................................... 6
LBH BaLi It Started as a Student Movement ................................................................................... 6
LBH YoGYaKarTa
Justice Guard for the Marginalized .................................................................................. 8
LBH SuraBaYa
Strengthening Structural Legal Aid ...............................................................................10 Perpetual Regeneration .....................................................................................................12
CHaPTer ii: To Serve and To advoCaTe ......................................................................................13
Legal Aid Data and Facts: LBH Bali ..............................................................................................13 Legal Aid Data and Facts: LBH Surabaya ...................................................................................18 Legal Aid Data and Facts: LBH Yogyakarta ...............................................................................23CHaPTer iii: uPHoLdinG THe LaW, WeavinG JuSTiCe ............................................................28
LBH Bali When the Law is Unkind to Children ............................................................................28 Workers Too Demand Their Rights ................................................................................31 Migrant Workers Uncovering Fraud ..............................................................................31 Framing Behind a Robbery ...............................................................................................32
LBH Yogyakarta
When Law Enforcers Play With Fire ................................................................................34 A Facebook Status that Became a Crime .....................................................................36 No More Honey, No More Love .......................................................................................36 Uncovering the Plight of Indonesian Migrant Workers ..........................................36 Police Behind a Gruesome Rape and Murder of a Child ........................................38 Empowerment at Sewu Temple .....................................................................................39 A Legacy of Conflict: People vs Perhutani ...................................................................40
LBH Surabaya
Thanks to CCTV, a Union was Busted ............................................................................41 Complaint Posts to Guarantee Holiday Allowance ..................................................42
CHaPTer iv: BreaKTHrouGH For JuSTiCe ...................................................................................44
LBH Bali Advocating for the Marginalized ....................................................................................44
LBH Yogyakarta
Worker’s School and Strengthening Unions for Outsourced Labor ..................46
LBH Surabaya
Legal Aid Policy Advocacy ................................................................................................49
aPPeaL FroM LBH aLuMni ...................................................................................................................51
Tapak-tapak untuk Keadilan
6 Chapter I. Weaving the Dream
LBH Bali I t S ta r t e d a S a S t u d e n t M o v e M e n t
LBH Bali started as a student movement at Udayana Uni- versity, Bali, in 1990‘s when students organized them- selves in Bali Student Communication Forum (FKMB) to protest the policies of campus authorities who started collecting the so-called POM fees. This movement grew larger when students took up the environmental cause in Bali. The specific case that galvanized students – who were mostly from the law faculty – to do more serious advocacy was the land grab case of peasants in Sendang Pasir and the Sumber Klampok case.
To make their advocacy mor optimal, in 1991 the move- ment leaders formed a foundation, Yayasan Manikaya Kauci. This foundation was to be the genesis of LBH Bali, when it was established as YLBHI Post in 1993, later transforming into LBH Project Base in 1994. As a Project Base, LBH Bali conducted advocacy in coordination with YLBHI, although not fully supported by YLBHI. On
25 October 1999 LBH Bali officialy became a branch of YLBHI in Bali.
Staff and personel LBH Bali
Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan Linimasa LBH Bali
1990: KMB (Bali Student's 1991: Yayasan Manikaya 1993: LBH Bali Post Communication Forum) Kauci Figure 1. Number and Distribution of LBH Bali Paralegals
1995 - 1999
25 October 1999 Project base LBH Bali YLBHI Branch - LBH Bali
- *1995 - 1997 : coordinator: Ngurah Karyadi * 2006 - 2009 : Director : Agung Dwi Astika *1999 - 2006 : Director : I Gede Widiatmika *1997 - 1999 : coordinator: Sony Qodri * 2009 - 2015 : Director : Ni Luh Gede Yastini
31
35
30 Since its founding, LBH Bali has undergone several
changes in the way it conducts legal aid. At first, LBH
25 Bali was focused on agrarian and environmental issues, such as the Sumber Klampok and Sendang Pasir cases.
20 Tabanan
Later on, LBH Bali took on more environmental as well as
1
6 Singaraja
2
15
6
civil and political rights cases. Lately, LBH Bali also added
Gianyar
15
6 Klungkung structural legal aid into its portfolio.
Karangasem
10 Jembrana
3 LBH Bali’s vision is “To create critical LBH Bali Legal Aid Bangli
Servants with integrity and capacity to instill change to
5 Badung
encourage the realization of policies that are affirma-
Denpasar
tive for the poor for an effective legal aid provision for the marginal communities in Bali”. To realize the above
paralegal
vision, and to conduct an effective advocacy, LBH Bali currently has three divisions: Labor Division, Women and Children Division, and Civil and Political Rights Division.
Aside from adequate internal capacity, in during its work One of the main obstacles to providing legal aid services LBH Bali is supported by a network of human rights de- for the people is the difficulty to access legal aid, espe- fenders, both at the local Bali and national levels, to help cially for those who live far from the city. To respond to the poor and marginal . this need, LBH Bali started organizing paralegal trainings since 2007. With material that includes law and advo- LBH Bali’s network include: cacy techniques, trained cadres are expected to be able
1. WALHI BALI, where LBH Bali is a member and enga- to facilitate communities to access legal aid services and ges in the advocacy for environmental issues.
act as interlocutors between grassroots communities
2. JALA PRT, an organization dedicated to policy and LBH Bali. With the training received, they should be advocacy and protection of domestic workers.
able to accompany people that have run ins with the
3. FORUM PEDULI PEREMPUAN DAN ANAK (Forum
law during police questioning, including to conduct of Women and Children’s Concerns), where LBH mediation and negotiations. Bali actively advocates policies for women and
children at local Bali level.
Today, LBH Bali is supported by eight public lawyers,
4. IPA (Indonesian People’s Alliance), where LBH
seven assistant public lawyers, and 70 community para- Bali is a member of the National NPA as part of a legals working in seven districts and one municipality in global movement to uphold human rights and Bali with the following distribution: democracy.
Tapak-tapak untuk Keadilan Staff and personel LBH Yogyakarta
During its 31 years existence, LBH Yogyakarta has had eight leadership changes. Below is the timeline of LBH
LBH Yogyakarta
Yogyakarta leadership from 1981 until present:
J u S t I c e G u a r d f o r t H e Table 1: LBH Yogyakarta Leadership 1981-2012
M a r G I n a L I z e d No Name Office Period
LBH Yogyakarta, which was inaugurated on 6 September
1 Marhaban Zainun 1981 - 1987
1981, is one of the oldest Legal Aid Organizations that
2 Sumarni Basharuddin 1987 - 1993
has had a rich experience in legal aid. LBH Yogyakar-
3 Artidjo Alkostar 1993 - 1989
4 Nur Ismanto 1989 - 1994
ta was established to provide legal assistance for the
5 Budi Santoso 1994 - 2001
marginalized who experience human rights violations in
6 Sudi Subarkah 2001 - 2004
their daily lives, as well as to fight for legal certainty and
7 M. Irsyad Thamrin 2004 - 2012
justice in Indonesia. Since its founding, LBH Yogyakarta
8 Samsudin Nurseha 2012 - Now
has been a part of the Indonesian Legal Aid Foundati- on (YLBHI) that was established a decade before on 28 October 1970 in Jakarta. Since its establishment, LBH Yogyakarta has strived to
8
Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan
preserve the trust of the communities it serves. This is evidenced by the many case reports LBH Yogyakarta receives, including criminal, civil, family, or labor cases. As an illustration, in just between 2011-2013, LBH Yog- not only limited to litigation and non-litigation legal efforts, but also critical legal education for the poor and marginalized.
To extend the reach of legal aid and access to justice for the poor and marginalized, since 2012 LBH Yogyakarta has had two paralegal posts in Gunungkidul and Kulon- progo Districts. These paralegal posts are at the forefront in providing legal aid services in the two districts. With such a long history, LBH Yogyakarta has been able to leave its own mark in the struggle for democracy, rule of law, and human rights in Yogyakarta and beyond. This is precisely what encourages LBH Yogyakarta to conti- nue to expand their legal aid services. With the support of eight public lawyers, 17 assistance public lawyers, and 40 paralegals, in 2013-2014 LBH Yogyakarta extended its services beyond Yogyakarta, to southern regions of Java, incuding Purwokerto, Cilacap, Kebumen, Klaten, Solo, Sragen, and Ngawi.
In carrying out its work and exercising role, LBH Yogya- karta is also supported by a network of human rights defenders, at the local Yogyakarta level, regional Java, as well as national levels. The network includes.
1. di Yogyakarta nGo Forum This forum has 60 NGO members covering various issues and work focus in the struggle to uphold democracy and human rights advocacy.
2. domestic Workers Monitoring network (JPPrT) JPPRT’s scope of work includes advocacy for the rights of domestic workers, one of the groups
3. People against violence Yogyakarta (MaKarYo) This network was established one day after the attack on LOS Offfice in Yogyakarta, and is part of the anti-violence movement and to monitor efforts for the prosecution of that case. This network consists of NGOs, community organiza- tions, and individuals who are concerned about law enforcement and human rights for cases of violence.
4. Police Monitoring network (JPP) This network’s main focus is to monitor the performance of the law enforcement, which in this case is the police, who often in their practice serve out of their authority,
5. Community advocacy Coalition for udin (KaMu) This coalition was specifically established to advocate and solve the murder Udin, a journalist of Bernas newspaper.
6. indonesian environmental Forum (WaLHi) Yogyakarta WALHI focuses on advocacy of environmental is- sues. Its current issues that gets serious attention is global warming.
7. Progressive Legal Workers union (SPHP) This union is a forum for individuals with a progressive outlook about the law, who support legal reform, and are specially concerned about legal developments in Indonesia. Tapak-tapak untuk Keadilan
10 Staf dan personel LBH Surabaya
LBH Surabaya S t r e n G t H e n I n G S t r u c t u r a L L e G a L a I d
The Legal Aid (LBH) Surabaya was established on 28 October 1978 by the Indonesian Advocates Association (PERADIN) Surabaya with a service focus on providing legal assistance in cases involving the poor.
In its development, in late 1980s, LBH Surabaya – East Java, established one post, LBH Surabaya – East Java Malang Post with the office in the city of Malang. The working area of LBH Surabaya – East Java Malang Post covers Greater Malang area, that includes Malang District, Malang City and Batu City. Since 10 November 1987, LBH Surabaya became part of Indonesian Legal Aid Foundation (YLBHI) and changed its name to LBH Surabaya – East Java with working area of East Java Pro- vince. Since joining YLBHI, LBH Surabaya has had a shift in its legal defense paradigm from Conventional Legal Aid to Structural Legal Aid.
In the Reformasi era, as the pro democracy movement grew in Indonesia, LBH Surabaya has been part of the dynamics of democracy and human rights movement in East Java. LBH Surabaya became both an inspiration and a partner for anyone who shares the same commitment. LBH Surabaya definitely did not just play the role as part of a centralized organization. Therefore, the support from academics, local community organizations, local non-governmental organizations, students, religious lea- ders and real support from the journalists has been the force that kept LBH Surabaya’s struggle optimal.
In the last decade, LBH Surabaya has focused on defen- ding the economic, social, cultural, civil and political rights in cases of public and structural nature, such as: defense of workers, farmers, fishermen, urban poor and Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan
human rights defenders who have been subjected to
7. Improve facilities and infrastructure of LBH
state repression and capital. Since 2012, LBH Surabaya Surabaya – East Java to optimize the support for also aimed its advocacy on the legal reform, access to advocacy and institutional works. justice, and democracy assessment. LBH Surabaya has
G r o w a n d B u I L d a
Political Division, Economic, Social and Cultural Division, and Women and Children Division.
n e t w o r k
In carrying out its activities, LBH Surabaya accumulated The work of LBH Surabaya is currently run by 12 Public many interesting experiences in cases of public conce- Defenders consisting of five licensed lawyers and two rn, including, among other, the murder of labor activist candidate lawyers. In addition there are 12 Assistant Marsinah, mass murder during the construction of Nipa Public Defenders and the office is supported by four dam in Sampang, ‘subversion’ cases of the Democratic employees. LBH Surabaya also has a paralegal network People’s Party (PRD) activists, farmer shooting cases by spread in almost all regions of East Java. the military, and hundreds of other cases.
Figure 7: LBH Surabaya – East Java Personnel Profile
In 36 years, LBH Surabaya – East Java has been led by six directors, namely Abdullah Thalib (1978-1983), Mucham- mad Zaidun (1983-1994), Indro Sugiarto (1994-2000),
4 Deddy Prihambudi (2000-2005), Mohammad Syaiful Aris Public Lawyer (2006-2012), and M. Faiq Assiddiqi (2012-present).
4
12 Assistant Public Lawyer
12
LBH Surabaya – East Java’s vision is “To Create Legal Aid
11 Employee
11
Servants of LBH Surabaya – East Java that are Tough, Reliable and Professional as well as Responsible in the Provision of Legal Assistance for the People of East Java”.
LBH Surabaya also aims to position itself again as the “Home of the Advocacy Movement for Justice, Human Figure 8. Public Defender Composition in LBH Surabaya Rights and Democracy Supported by Representative Facilities and Infrastructure”.
5 The above vision is elaborated in the following missions:
5
5 Licensed as Attorney Candidate Attorney
5
1. Hold cadre recruitment through KALABAHU and/ or KALAMBAHU; Not yet Licensed as Attorney not
2. Conduct capacity and quality building trainings
2 Candidate Attorney for Oublic Defenders and Assistant Public Defen- ders of LBH Surabaya – East Java;
2
3. Initiate coordination and consolidation of pe- ople’s advocacy movement together with the LBH Surabaya’s strength is also supported by a network network while expanding the existing network; of NGOs and other civil society organizations, including:
4. Conducting legal outreach, critical legal training, paralegal training in various communities in regi-
1. AKBB (Alliance for the Freedom of Religion and ons of East Java; Belief ), consisting of:
5. Establish specialized advocacy work units of LBH LBH Surabaya, Cmars, Jamak (Anti-Violence Com-
Surabaya – East Java associated with case hand- munity Network), PMII East Java, Gusdurian East lings according to Human Rights and democracy Java, GKI Sinode, Pro Democracy Women Coaliti- issues; on, KontraS Surabaya, PUSHAM Surabaya.6. Conduct trainings for organizational manage-
2. GMPPD (People’s Movement for Democratic Elec- ment and leadership in LBH Surabaya – East Java. tion), consisting of: Tapak-tapak untuk Keadilan
12 Independent Committee for Election Monitoring
of East Java, Paralegal Network of Election Moni- tors of East Java, Women’s Solidarity of Surabaya, Anti Corruption Network of East Java and Malang
3. Coalition for Environment Rescue LBH Surabaya, Walhi Jatim, Ecoton, KNTI (Union of Indonesia’s Traditional Fishermen) East Java, Batu People for Springs Forum, KJPL (Environmental
Perpetual regeneration
The capacity of LBH personnel is not measured by the technical and managerial aspects alone. As a movement organization, LBH relies strongly on the ideological commitment and a requisite command of social issues of its personnel.
Like other LBH offices under the wing of YLBHI, some- one who wants to be a legal aid servant will begin as a volunteer at LBH. Cadre development is done in tiers, beginning with the Legal Aid Training Service (Kalaba- hu) held regularly every yearfollowed by law students and graduates for about a month.
Kalabahu training is unlike the usual legal education. This educational model puts emphasis on instilling the ideology of struggle to uphold the law, justice, truth and human rights. With Kalabahu, cadres are expected to become legal aid servants who will defend the poor who are often oppressed and uninformed about the law, while instilling critical thinking in the minds of the cadres to participate in policymaking and reform.
Kalabahu comprises two kinds of activities. The first is classroom activity that involves lectures about the law. The second is out-of-class activity, where Kalabahu par- ticipants are tasked with conducting a study in advoca- ted communities and analyze the problems found.
After attending this training fully, Kalabahu alumni would be invited to take the volunteer recruitment test. Passing this test would allow the applicants to serve as volunteers at LBH for one year with the status of Assistant Public Defender. Having this status ensures accountability of LBH public defense work. During their internship tenure, the volunteers would continue to learn material and knowledge to hone their analytical ability, including legal material and social analysis.
The cadres must already be mentally strong and meet the expected competence standards. After each tier, volunteers would always be evaluated and judged on merit to determine whether they could continue wor- king as legal aid servants. Under LBH organizational structure, the volunteers wo- uld be members of any LBH divisions, for instance, the Advocacy Department and Legal Reform and Resource Program Department in LBH Yogyakarta, and Civil-Poli- tical, Labor or Women and Children Dvivisions in LBH Bali. Other functional positions, such as treasurer and administrators, do not require a law degree qualification, so that the recruitment process does not require going through cadre education like Kalabahu.
Aside from cadre development through Kalabahu, LBH has competency building programs for its lawyers pur- suant to YLBHI policy as its parent organization. Other programs include the Lawyer Special Professional Edu- cation (PKPA) program in cooperation with the Indone- sian professional lawyer organizations and Continuing Education for Lawyer Professional Development. Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan
Chapter II: To Serve and Advocate Legal AidInstitute (LBH) is present in regions to provide legal aid
services to uphold the law and achieve justice. The following is data of reports and cases handled at LBH Bali, LBH Surabaya and LBH Yogyakarta.
JUMPA pers penanganan kasus penipuan calon tenaga kerja Indonesia di LBH Bali.
In 2013 LBH Bali opened two complaint posts in Singara- ja and Karangasem specifically to assist with women and
data and facts child cases.
L B H B a L I number of reports
a. number of reports
In 2013 until December 2014, LBH Bali received a total of 359 reports: 189 cases in 2013, and 170 cases in 2014. The public can file reports in three ways: directly to LBH Bali address at Jl. Plawa No. 57, Denpasar; by phone consultati- on at (0361) 223010 or by email to lbhbali@indo.net.id; and
direct phone email appointment third, through a judge’s or police appointment. Tapak-tapak untuk Keadilan
The total number of beneficiaries from the legal assistance provided by LBH Bali in 2013 and 2014 was 1,554 indivi- duals, comprising families of the clients as well as groups or communities they represent.
Beneficiary
MonTHLY rePorT daTa
y y ar il ch ay ober ar July emberApr M June ember ct M vember August
Januar O Febur
Dec No Sept
14
Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan
b. Type of Cases LaBor CaSeS aSSiSTed in 2014
The most common legal problem faced by the people who come to LBH Bali in 2013 is child cases (30%), in 2014, the cases reported to LBH Bali comprised civil disputes (26%), criminal cases (27%), child cases (16%), women cases (13%), labor (9.3%) and civil-poli- TOTAL MEDIATION LITIGATION tical cases (8.7%). Accidents on the Job Migrant Worker Applicant
TYPe oF CaSeS Firing
c. Level of education
Most people who came to LBH Bali in 2013 had high school education (41%). While the total of both primary school and undergraduate degree is 59%. Meanwhile, in 2014, 39% of the people who came to LBH Bali had high school-level educatoin (39%) and cumulatively 61% for
Civil Criminal Women Children Labor political primary and undergraduate degree. nuMBer oF CaSeS HandLed in 2014
University Degree
In 2014 LBH Bali provided counsel in 46 cases, including
Diploma
54% child cases, 17 criminal cases, and attending to the other cases.
High School Secondary School
Primary
women children criminal civpol
CHiLd CaSeS aSSiSTed in 2014 Resolved through litigation
d. occupation
Those who came to LBH Bali in 2013 were mostly Resolved through diversion laborers (30%), followed by private sector (22.2%), and homemakers (18.7%), while the remainder are farmers, Child case facilitation students and civil servants, totalling 29%. Child case facilitation Resolved by diversion Resolved by litigation In 2014 (by September) LBH Bali the highest cohort was Children as victims also laborers (51%), followed by private sector(12.7%), Children as perpetrators homemakers(12%) and students (12%). The remaining per- centage include retirees, farmers, and civil servants (24%). Tapak-tapak untuk Keadilan Worker Homemaker Private Sector Student Farmer Retiree Civil Servant Unemployed
e. Gender
In 2013 LBH Bali received 106 women (56%) and 83 men (44%). In 2014 there were more men (92, 54%) than women (78, 46%).
Men Women
16
Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan
f. origin
Based on origin of the clients who received legal assistance from LBH Bali in 2013, 43.71% came from Denpasar, followed by Badung (21%). In 2014, LBH Bali’s clients also mostly came from Denpasar (45%), Badung (21%), and
g. Case resolution
In 2013 only 4 cases were accompanied until litigation level (court), 7 cases of mediation and police questioning, and 178 cases up to consultations only. In 2014, 12 cases went into litigation, 24 cases mediation and police level, and 134 consultations.
Litigation mediation & consultation police level Tapak-tapak untuk Keadilan data and facts L B H S u r a B aYa
a. number of Cases
For 2013 and 2014, the total number of people who came to LBG Surabaya to report their cases was 561: 318 cases in 2013 and 355 cases in 2014. Those who came to LBH Surabaya did not only bring their own cases, but there were also those who represented their group or community. On average, from 2013 until 214, on average LBH Surabaya gets betwee 27 and 28 cases, or on average one or two cases a day.
Figure 1: Graph of cases 2013 – 2014
y y ar il ch ay ober ar M July ember ember
Apr June ct M vember August
Januar O Febur
Dec No Sept
Source: Client Data of LBH Surabaya 2013-2014 In total, there were 3,517 beneficiaries from legal aid services of LBH Surabaya in 2013 and 2014, comprising the families of the clients themselves and groups or communities they represented.
b. Type of Cases
The most common legal problem faced by the public who came to LBH Surabaya in 2013 is civil disputes (25.47%), criminal cases (17.92%), marriage cases (23.90%), and labor cases (12.58%). In 2014, the case trend did not see much change, save for the percentage. Civil disputes remained the first (26.87%), criminal cases (24.48%), marriage cases (15.52%) and labor cases (13.73%).
18
Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan CrIMInALIzAtIOn - Witness examination in the case of criminalization of labor activity using EIt Law at Jombang District Court.
Figure 2: Client Legal Issues at LBH Surabaya in 2013 and 2014
t e y ime Civil mer kers ativ man riage Land Child thers
Cr omen or ymen
O ar Far ruption W W
Housing M Consumer Fisher ommunit
Cor Emplo dministr y C t A Cit
Sta
Source: Client Data of LBH Surabaya 2013-2014 Tapak-tapak untuk Keadilan
c. Level of education
Most of those who came to LBH Surabaya in 2013 had high school education (41.32%). Cumulatively with those who never had education until high school, the percentage would be 61.19%. Meanwhile, in 2014, most who came to LBH Surabaya graduated high school (43.88%). However, combined with those without education until high school graduate, the percentage would be 59.70%. This more or less has an influ- ence on the clients’ understanding about the legal problems they are facing, and how to resolve it.
Figure 3: Education Level of LBH Surabaya Clients in 2013 and 2014
y y y y tren thers ersit imar chool O ondar Pr
Academ chool) No school Univ Pesan Sec High S ious S elig
(R
Source: Client Data of LBH Surabaya 2013-2014 Figure 4: Occupation of Clients in 2013 and 2014
d. occupation Worker
Those who came to LBH
Farmer
Surabaya in 2013 were mostly laborers (37.54%), followed by
Private Sector
private sector (31.39%), and
Trader
unemployed (19.42%). Similar- ly in 2014, most clients were
TNI/Police
laborers (34.25%), private sector
Civil Servant
(30.89%) and unemployed (23.55%).
Unemployed
Source: Client Data of LBH Surabaya 2013-2014
20
Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan
e. income Level Figure 5: Income Level of LBH Surabaya Clients in 2013 and 2014
LBH Surabaya’s legal aid ser- vice had an income below Rp 2,000,000 per month (54.44%). In 2014, the same cohort compri- sed 34.41% of clients. This data shows that most people who sought legal aid service from LBH Surabaya are living below proper standards of living, certainly unable to afford legal costs they
Below 500k 500k to 1m 1m to 1.5m 1.5m to 2m Above 2m face.
Source: Client Data of LBH Surabaya 2013-2014
f. Litigation longan(1), Tegal (1), Semarang (1), Bali (1), Banjarmasin (1),Balikpapan (1), and West Lombok (1).
Aside from legal consultation, in 2013 and 2014 LBH Su- rabaya also provided legal aid service in the trial process Figure 6: Distribution of Beneficiaries/Clients of LBH (litigation). In 2013, LBH Surabaya handled five litigation Surabaya in 2013 cases, while in 2104 there were 14, comprising 11 crimi- nal cases, 1 pre-trial proceedings, 1 industrial relations dispute and 1 environmental civil case.
From the five litigation cases handled by LBH Surabaya in 2013, as elaborated in the table, three related to labor issues, and two criminal cases related to criminalization of workers, and one pertained to an SP3 case or union busting. Two other cases related to freedom of religion (criminal) and environmental case (civil).
While from 11 criminal cases in 2014, 7 related to crimi- nalization of human rights defenders, 1 case related to freedom of religion, 1 environmental case, 1 related to agrarian conflict, and 1 was a case of unfair trial.
Source: Client Data of LBH Surabaya 2013
g. distribution of Benefits
In 2014, 70.75% of beneficiaries were from the City Throughout 2013, 69.81% of people who came to of Surabaya. The remaining 29.25 % came from other LBH Surabaya were from the City of Surabaya. The rest places, even beyond East Java, such as Central Java, (30.19%) came from other places in Indonesia, including Yogyakarta, Batam and Bogor.
West Jakarta (1), Central Jakarta (1), Bekasi (1), Peka-
Tapak-tapak untuk Keadilan
Figure 7: Distribution of Beneficiaries/Cliens of LBH Surabaya in 2014 Source: Client Data of LBH Surabaya 2014
h. Case Types
In 2013, in all LBH Surabaya handled 323 cases, including both consultations as well as litigation. Of those 323 cases, most pertained to economic, social and cultural rights (157 cases). In 2014, LBH Surabaya handled 335 cases, both consultations and litigation. Cases of economic, social and cultural rights represented most of the cases handled by LBH Surabaya (49 cases), compared to cases involving civil and political rights, and women and children rights.
Figure 8: Proportion of Case Types of LBH Surabaya in 2013 and 2014
iminal Civil Cr Civpol
osoc
en Ec omen & WChildr
Source: Client Data of LBH Surabaya 2013 - 2014
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Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan data and facts L B H Y o G Ya k a r ta
From 2013 until August 2014, LBH Yogyakartareceived 371 reports: 223cases in 2013 and 148 cases in 2014. In that period, LBH Yogyakarta recorded 8039 justice seekers. This number is considered to be rather high in the last five years. In 2009, there were 442 persons and 42 heads of households. In 2010, there were 953 persons and 1218 heads of households. In 2011 there were 429 persons and 4727 heads of households, and in 2012 there were 1074 persons and 11 heads of households.
LBH Yogyakarta has been verified as a Legal Aid Organi- zation (OBH) at BPHN. It is thus required to provide free service to the poor who report their cases.
1. Cases by Sector
In this report, we classified the cases into five categories, namely, civil and political cases, economic-social-cultu- ral cases, criminal, civil, and women and children cases. As stated at the beginning, we do not take all cases. We would only prioritize cases of structural nature and a comprehensive assistance. By structural cases we mean those that have human right dimensions, both civil and political as well as economic-social-cultural where the victims are marginalized people such as workers, farmers, urban poor, and minorities and where the
LBH Yogyakarta defending the case of rinda, the laundry worker, criminalized by the police for refusing to give money, at Sleman District Court
in 2013.Tapak-tapak untuk Keadilan
perpetrator are those who have power, be it the state or Figure 19: Type of Civil and Political Rights Violations a private entity.
Type of Civil and Political rights violations
Regarding structural cases, LBH Yogyakarta would pri- Right to nature of LBH Yogyakarta’s advocacy. The unique cha-
Right to public racteristic of BHS is the involvement of justice seekers vote and be services in all phases of the case. This involvement is intended elected to provide critical legal education to raise the people’s
9% 18%
awareness of their human rights, as well as to equip them for situations where they face oppression.
a) Civil and Political rights Cases
Fair Trial 5
In 2013-2014 LBH Yogyakarta handled a total of 11 Religious
46%
reports of civil and political rights cases involving 26 jus- freedom tice seekers. The civil-political rights violation categories
27%
include the right to elect and be elected, right to public services, right to a fair and impartial trial, as well as right to information.
Figure 18: Civil & Political Case Reports
Civil & Political Case
b) economic, Social and Cultural rights Cases
26 LBH Yogyakarta received 45 cases of economic, social
and cultural rights violation in 2013-2014 involving 2,683 justice seekers. These cases have a structural
11 dimension, as the name implies.
Figure 20: Ecosoc Case Reports Reports Justice
Seekers
ecosoc Case reports 2683
The most frequent rights violation found is the right to a fair and impartial trial with five cases involving five indivi- duals. Voting rights as well as right to information each had one cases, with one individual in the right to information
45
case, and six in voting rights. There were two cases of right to public services with two justice seekers. In 2014 a category of case stood out, namely the right
Reports Justice to freedom of religion and conviction, involving three Seekers cases. The first is the rejection of Easter celebrations in
Gunung Kidul in May 2014, an assault against inter-reli- gious dialogue activists on 2 May 2014, and attack on Pangkuan Church in Sleman on 1 June 2014.
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Jejak Langkah LBH Bali, Yogyakarta dan Surabaya dalam Penegakan Hukum dan Pencapaian Keadilan
The dominant category of cases in 2013-2014 is the right Figure 22: Criminal Case Reports to work, including some that attracted wide attention, such as the case of Erwiana, the Indonesian migrant
Criminal Case reports
worker in Hong Kong who was tortured by her employer Reports kers at PT Duta Sandang Mas Textil in Sragen, where the Justice Seekers complainant was FBLP Labor Union with 300 members.
There were also cases of the right to engage in an
55
enterprise in early 2014 involving 784 sunday morning
54
vendors at UGM. To date, these cases are still ongoing. In
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