Legal and Human Rights Review of Fullfilment of Access to Justice: Considering the Elements of Legal Capability

摘要

As a country based on the law (rechtstaat) and acknowledging the existence of human rights, makes Indonesia have an obligation to take any relevant steps to make sure the human rights protection are running as it should. One of them is create and participating in a target called Sustainable Development Goals (SDG). In order to participate in achieving SDG's goals point 16.3, Indonesian government has been trying to formulating framework and tools to measure access to justice through National Strategy of Access to Justice (SNAK) which issued in 2009. In its period, SNAK 2009 together with government and House of People Representative (DPR), have carried out legal and regulatory reforms. There are Law No. 16/2011 about Legal Aid, Law No. 11/2012 about Child Criminal Justice System in order to protect children who encounter legal problems, and also Presidential Regulation No. 75/2015 which become the legal basis for National Action Plan for Human Rights (RANHAM). For renewal, in 2016, Indonesian government issued National Strategy of Access to Justice (SNAK) for 2016-2019. One example of the right to equality before the law is rights of access to justice. So in other world the government has obligation to respect, protect and fulfill the mechanism of justice, access to the mechanism, a system to solve the problem, access to the people's capability.