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Enhancing pro-bono legal commitments in Indonesia
Although the Indonesian Advocate Association (PERADI) requires its members to perform at least 50 hours of pro bono work, the reporting system is still lacking and there is no supervision to ensure that all members meet the obligation.
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Vivi Widyawati (left), an activist from women's rights group Perempuan Mahardika, and researcher Karolina L. Dalimunthe speak at the Jakarta Legal Aid Institute (LBH Jakarta) in Central Jakarta on Feb. 13, 2020, during the launch of a study on domestic violence against female workers. (JP/Moch. Fiqih Prawira)
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ro bono legal work is an essential pillar of ensuring access to justice for all, particularly marginalized and disadvantaged communities. In 2016, Indonesia enacted the Legal Aid Law, which allows state funding to be allocated for the delivery of pro bono legal aid services, but its implementation has not yet been effectively reviewed.
The United States Congress established the Legal Services Corporation (LSC) in 1974, a government nonprofit that allocates state pro bono legal aid funds and is the chief pillar of ensuring pro bono legal services in the country. Indonesia can learn from the four-decade gap between Indonesia and the US’ experience in managing pro bono legal aid services to ensure that the task is effectively performed by advocates as an officium nobile (noble profession).
In Indonesia, the Law and Human Rights Ministry has allocated some Rp 40 to 50 billion (US$2.5 million to $3 million) per year for pro bono legal services since the enactment of the Legal Aid Law in 2016. However, a 2020 annual report by the ministry said the allocated state funds were still not sufficient to cover the realistic operational costs of the pro bono organizations to perform their services effectively.
Non-government funding contributions to pro bono legal aid causes are unrecorded.
This reflects a stark contrast with the US, where in 2022 alone, the government funding allocation for pro bono legal aid, managed via the Legal Services Corporation (LSC), reached $523 million, while non-government funding hit $1.2 billion.
The US offers a better, though not perfect, model for pro bono legal services, characterized by comprehensive institutional support and a strong culture of volunteerism within the legal profession.
In the US, some states require lawyers to report their pro bono activities annually. This transparency encourages participation and allows for better tracking and assessing pro bono contributions.
