What kind of legal problems you

may have?

Criminal Civil

Administrative
You Have Rights to Get Legal
Counsel
Why it’s important?

To ensure you as a refugee receive legal advice, protection and fa

Whether inside or outside judicial proceeding
Rights to Legal Counsel
Laws
Indonesian Constitution UUD 1945 –
Art 28
Criminal Procedur Code – Art 54, 59,
60, 114 and chapter VII
Advocate Law . Art 22
Legal Aid Law (UU 16 of 2011)
Judiciary Power Law (UU No. 48 of
2009) Art 56 & 57
Content
Everyone has a rights to legal
recognition, guarantee, protection,
and certainty, as well as the equal
justice before the law.
Rights of suspect or defendant to legal
counsel in undergoing criminal
process
Everyone has a rights to legal aid in
the judicial procedure, where the state
shall bear the cost for those who
cannot afford it
Where can you obtain legal counsel
if you cannot afford to hire a lawyer?
• Ministry of law and human rights 

State Legal aid organization

• Police Investigator
• Legal Aid Post (Posbakum) in court

Pro bono
legal services • Individual Probono
(it requires • Bar association
certificate of
disadvantage)
Can you have
income?

Can you have income?

 Indonesian laws guarantee every person has a rights to
adequate standard of living (ICESCR – 2006. Art 11)
 A non Indonesian citizen must have a permit from the
government to carry an income. It requires valid
identification (Passport/ visa)
 Refugee Card ?
 It depends on your potential host institution
There is always a risk
 It may turned you into the immigration detention or
immigration criminal prosecution
 You are entitled to ask reason and ground of
apprehension
 There is no harm for you to ask legal assistance, if the
reason is violation of immigration criminal provition;
 You can argue that your activity is merely to provide
basic daily needs.
Can you access health services?
Refugees have the right to access health
services as Indonesian Citizens are.

The regulation of the president RI No. 125/ 2016

Where can
 Puskesmas
you access it?
 Registration fee Rp 5.000 and they will give you a
treatment card
 You can use UNHCR card

 Hospitals

In emergency situation, any health facilities

must provide you health services. They are
prohibited to reject you
Everyperson has rights to education, not only
for indonesian. Human rights guarantee that
right for every person. National education
system law in Indonesia also guarantee that
rights.

There are 3 Indonesian education system :

- Formal education system
- Informal education system
- Non-formal education system
Requirements for formal basic education in
Indonesia for refugee :

The student have indonesian language

(bahasa) ability

The teachers has capabilities to teach

foreign student

Recomendating by UNHCR to get education

from public school
There is no reqirements to get
informal or non-formal education
in Indonesia. But, if you want to
get formal education certificate,
practicaly you have to access
Pusat Kegiatan Belajar Mengajar
(facilitating by UNHCR) for a year
then you have enroll the test to
obtain certivicate equivalent.
You’re allowed to establish an association, assembly,
community, initiative or organization in Indonesia.
Human rights and Indonesia national law regulation
give guarantee for that rights. Either that organization
has registered or not registered as an organization,
association, etc. But, it would be better if you register
it.

Not only has right to establish an association,

assembly, etc, but you also has rights on freedom of
expression in public. There are no national law or any
other rules in Indonesia can forbiding you for join to
some protest, public demonstration, etc.
Government authorities cannot dissolve your
organization and/or stop your organization
activities only for that reason.
There are two bases of detention :

-Detention for the suspects or defendants during

criminal processess
- Detention as part of administrative measures for
violators of immigration law

Bases on National Human Rights Law in Indonesia,

you can not get unlawfully or arbitrarly detained. If
you are not “qualified” of two bases below, you can
not be detained.
Even though the goverment has
recognized your UNHCR ID card as
your identity card, practicaly, if
you want to buy transportasion
tickets for traveling to another
cities or provincies in Indonesia,
it’s still can be a problem.