JURIDICAL REVIEW OF THE RIGHTS OF CIVIL SERVANTS TO OBTAIN LEGAL ASSISTANCE

Abstract

The background to writing this journal is the importance of legal aid for civil servants. Where legal aid is exercised as the legal basis for legal aid, the right to legal aid itself must be guaranteed. This is in accordance with the 1945 Constitution. Article 27 (1) states that all citizens have equal status in law and government and are obliged to uphold the law and government without exception. Section 28D (1) entitles every human being to recognition, security, protection, fair legal certainty and equal treatment before the law (just and impartial courts). This study is a normative study that analyzes descriptively, using legal approaches, existing theories and expert opinion, to address the main controversial issue, namely when to seek legal assistance. The purpose is to find and answer the rights of civil servants. Legal aid is a means of upholding human rights values to create the rule of law. As a democracy based on the rule of law and in defense of human rights, everyone has the right to equal treatment and protection of the law. Civil servants are also entitled to legal assistance in accordance with the rule of law when needed. This study is very important given that governments have a duty to protect public servants in the form of legal aid. From this, it can be concluded that the civil servants right to legal aid under Article 106 of Law No. 5 of 2014 relates to the State Code of Civil Procedure. Article 308 Decree No. 11 Year 2017 on Management of Civil Servants shall only apply if the case is accepted by the court and there are limits/restrictions on the case. This is included in Social Assistance Legal Aid as the right to social assistance granted to civil servants is the right to receive social assistance which is part of the framework of social protection provided by the government to civil servants.

Keywords

• civil servant rights
• legal aid
• public service