A paralegal is any person from the community, society, or legal aid provider who has undergone paralegal training, does not work as an advocate , and does not independently accompany legal aid recipients in court . Legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. Meanwhile, legal aid providers are legal aid institutions or community organizations that provide legal aid services based on the Legal Aid Law . Recipients of legal aid are poor people or groups of people.

Paralegals can provide legal assistance inside and outside the court as stipulated in Article 11 and Article 12 of Permenkumham 1/2018 . However, after the Supreme Court Decision Number 22 P/HUM/2018 regarding the case of a request to object to the right to judicial review against Permenkumham 1/2018, it was stated that Article 11 and Article 12 of Permenkumham 1/2018 were contrary to higher statutory regulations, namely The Law on Advocates , thus violates the principle of lex superior derogate legi inferior , thus contradicting Article 5 and Article 6 of Law 12/2011 (p. 27). In his ruling, the judge ordered the Minister of Law and Human Rights to revoke Article 11 and Article 12 of Permenkumham 1/2018 (pp. 28-29).

Article 9 and Article 10 of Permenkumham 3/2021 clearly regulate the duties of paralegals, namely:

Article 9

Legal aid providers can involve paralegals who have the competence to provide legal aid.

Article 10

Apart from providing legal assistance as intended in article 9, legal assistance providers can assign paralegals who have the competency to provide legal services in the form of:

1. policy advocacy for regional apparatus from village/sub-district level to provincial level;
2. assistance to programs or activities managed by ministries, non-ministerial government institutions, provincial regional governments, district/city regional governments, or village governments; and/or
3. collaborate with legal counselors to form and/or foster legally aware family groups.

In carrying out the above duties, Paralegals are required to show a valid identity card and/or letter of assignment. The identity card is valid for a maximum of 3 years and can be extended or evaluated by the legal aid provider. Meanwhile, the assignment letter is only valid as long as the paralegal carries out the tasks assigned by the legal aid provider.

Based on the provisions above, the scope of legal assistance by paralegals is limited to policy advocacy, assistance with government-managed programs or activities, and/or collaborating with legal counselors. Apart from that, paralegals also do not independently accompany legal aid recipients in court .

similar to the provisions in Permenkumham 3/2021, Article 9 letter a of the Legal Aid Law also regulates that legal aid providers have the right to recruit advocates, paralegals, lecturers and law faculty students. In the event that paralegals are recruited, legal aid providers are obliged to provide legal aid education and training for recruited advocates, paralegals, lecturers and law faculty students.

Are there legal sanctions if a paralegal acts as if he were a lawyer and provides legal assistance in litigation in court?

Basically, someone who creates a fake KTPA/advocate card could potentially be punished under the criminal act of document forgery as regulated in Article 263 paragraph (1) of the old Criminal Code , which at the time this article was published was still in force, with a maximum prison sentence of 6 years. Meanwhile, in Law 1/2023 concerning the new Criminal Code, which is valid for 3 years from the date of promulgation, namely 2026, the crime of forgery of documents is regulated in Article 391 paragraph (1) with a maximum penalty of imprisonment of 6 years or a maximum fine of IDR 2 billion. Apart from that, people who pretend to be advocates can also be punished under the criminal act of fraud regulated by Article 378 of the Criminal Code with a maximum prison sentence of 4 years. Meanwhile, in Law 1/2023 , the crime of fraud is regulated in Article 492 with a maximum penalty of imprisonment of 4 years or a maximum fine of IDR 500 million.

Legal basis :

1. Criminal Code;
2. Law Number 18 of 2003 concerning Advocates;
3. Law Number 12 of 2011 concerning the Formation of Legislative Regulations as amended by Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Formation of Legislative Regulations as amended for the second time by Law Number 13 of 2011 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislative Regulations;
4. Law Number 16 of 2011 concerning Legal Aid;
5. Law Number 1 of 2023 concerning the Criminal Code;
6. Minister of Law and Human Rights Regulation Number 3 of 2021 concerning Paralegals in Providing Legal Assistance;
7. Supreme Court Decision Number 22 P/HUM/2018.

References:

1. Hukumonline.com