Differences in Pro Bono and Pro Deo Legal Provisions

The term Pro Bono or Pro Bono Publico means a legal aid or service to the public that is carried out in the public interest or for those who are deemed incapacitated and free of charge. Those who provide Pro Bono legal assistance, here are advocates or advocates who handle these cases directly without receiving payment for services including providing legal consulting services, exercising power of attorney, representing, accompanying, defending, and carrying out other legal actions for the benefit of justice. Finder for those who can’t afford it.

In Pro Bono, those who receive legal assistance are individuals or groups of people who are said to be financially incapable, but need the services of an advocate’s law to help handle and resolve the legal problems they are facing. People or groups who are socially and politically weak can also be categorized as people who can’t afford it, so they also have the opportunity to get Pro Bono legal assistance from advocates.

In providing Pro Bono legal assistance, advocates must provide the same treatment and service as providing legal assistance by paying an honorarium. The implementation of Pro Bono is subject to the Advocate Code of Ethics and the provisions of the applicable laws and regulations.

Meanwhile, Pro Deo is legal assistance or legal services provided to a person or group of people for the public interest or for parties who are deemed incapable by waiving case fees in court, the costs of which are financed by the state through the Supreme Court budget. Court of the Republic of Indonesia.

To get Pro Deo legal assistance, a person must be truly financially incapacitated and proven by attaching supporting documents, such as:

1. Certificate of Disability issued by the local area and stating that it is true that the person concerned is unable to pay court fees and
2. Other documents related to data collection on the poor that are legalized by the competent authority to provide information that the person concerned is truly incapacitated (Poor Family Card, Community Health Insurance Card, Poor Rice Card, Direct Cash Assistance Card, Family Hope Program Card, Card Social Protection Card, etc).

The requirements for submitting a lawsuit/application for litigation free of charge are regulated in the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2014 concerning Guidelines for Providing Legal Services to Poor People in Courts, Article 7 paragraph (2).

From the explanation above, it can be concluded that Pro Bono is legal assistance provided by advocates to people who are considered incapable by waiving all court fees and providing services without reducing any services or services, while Pro Deo is a waiver of court fees in court. . to individuals who are categorized as incapacitated and these costs will be financed by the state through the Supreme Court budget

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3 Types of Justice Legal Aid for Underprivileged Communities

For those of you who are in a court case with underprivileged conditions, then you can use one of the following 3 types of legal assistance.

In dealing with problems in court, there are 3 types of legal assistance that can be used. The entire community has the right to receive legal assistance when conducting litigation.

Even the accused or suspect can also ask for legal assistance because it is his right as a human being. However, the discussion regarding the types of legal assistance this time is intended for those who are less fortunate.

3 Types of Legal Assistance for Underprivileged Citizens

Legal aid aims to guarantee and fulfill the recipient’s right to access justice. That way, all Indonesian citizens have the same rights before the law.

Pro Bono or Free – Only from Advocates

The first 3 types of legal aid are free legal aid – only gifts from Advocates, otherwise known as Pro Bono. This means that legal services from advocates can be received without having to pay an honorarium.

This has been regulated in law, where advocates are required to provide legal assistance free of charge to justice seekers whose economy is down. This assistance includes consultation, power of attorney, representing, accompanying, and defending.

To obtain one, you will need to submit a written or oral application, then address it directly to an attorney. It could also be through advocate organizations or through LBH (Legal Aid Institute).

If opting for a written application, including your name, address, and occupation, along with a brief description of the subject matter. Don’t forget to include a statement of incapacity from the competent authority.

Legal Aid Organizations or Institutions

The next step is to seek help from social organizations that provide legal aid services. You can also find them at the Legal Aid Institute because they serve the public for free.

The assistance provided covers matters of civil law, and criminal law, as well as litigation and non-litigation administration. Where the form is in the form of exercising power of attorney, accompanying, representing, defending, or other legal actions for the benefit of the legal recipient.

If you choose from these LBHs, you must apply in writing or verbally to the legal aid provider. This includes the identity of the applicant and the subject matter for which legal assistance is requested.

To get these 3 types of legal assistance, also attach a statement of incapacity from the village head, village head, or official where you live. As well as complete other supporting documents related to the case.

Exemption of Case Fees

The third type of assistance is through the waiver of court fees in accordance with Supreme Court regulations. In this service, underprivileged people do not need to pay advocacy costs to get help.

Because the state itself will bear all your litigation costs in court. Please note that this service applies to cases in the General Courts, Religious Courts, and State Administrative Courts.

One of these 3 types of legal assistance was initially submitted to the level of appeal, cassation, or PK. After that, the application will be implemented immediately if the previous level decision has been received and before the handover of the counter.

An application for fee relief is submitted to the Chairman of the Court of first instance through the clerk’s office. The condition is to attach an SKTM (Certificate of Disadvantage) from the local official and a Certificate of Other Social Benefits.

If your request is granted, then the Head of the District Court will issue a Letter of Determination of Case Fee Waiver Services. That way, you can immediately complete the judicial process accompanied by LBH.

So the conclusion is that everyone still has the right to get legal aid even in a poor economic situation. Make sure the documents needed are correct, so you can get this assistance.

You can get it by applying for assistance directly to advocacy or LBH. The existence of these 3 types of legal aid is expected to be useful for justice seekers.

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Responsibilities of Lawyers and the Difference with Advocates

The responsibility of a lawyer is to handle legal cases and guard the constitution. In addition, drafting agreement contracts and providing legal information.

One of the responsibilities of a lawyer is to enforce the law. His position is equivalent to that of judges, police and prosecutors. All of these professions are included in the criminal justice system.

Lawyers can offer legal services inside or outside the court. Here, his role is as a consultant for individuals, companies and institutions.

In addition, providing various assistance such as conducting case defense as well as exercising power. You should also learn what an advocate is to understand the difference.

What are the Roles and Responsibilities of Lawyers?

The responsibilities of a lawyer are very heavy, so you must prepare physically and mentally strong if you want to work in this field. Thus, all cases can be handled properly.

Handling Legal Cases

Lawyers play the role of analyzing problems as well as explaining legal regulations that have been arranged systematically. In addition, create and then apply legal concepts.

Then, resolve the dispute on the party that has the problem. The settlement usually uses elaboration, awards, classification, assessment and theory.

Having Responsibilities To Clients

The responsibilities of a lawyer who has been contracted include representing, defending and also accompanying a case from start to finish. In addition, providing consultation and ensuring clients get their rights.

Make a Contract Agreement

An example of a specialization in the world of lawyers is making and negotiating business contracts for both institutions and individuals. In addition, there are also those who take care of documents such as inheritance letters and agreements.

Providing Information about Legal Studies

You are considered to have more knowledge about the law. Therefore, it is obligatory to enrich the knowledge possessed and then disseminate this knowledge.

Give Criticism or Feedback

Attorneys’ responsibilities also include challenging resolutions that have acceptable evidence and interpretations. You must conduct an audit on every decision that has been passed from the court or legislature.

Overseeing Human Rights and the Constitution

Its role as guardian of the constitution is to enforce regulations and fight for human rights. Another role is to provide information about the legal system, study and then describe a fact.

What are the Differences Between Lawyers and Advocates?

In the world of law, basically, advocates and lawyers are the same. This statement refers to article 32 paragraph 1 in the Advocate Law No. 18 of 2003.

The article reads, namely advocates, legal consultants, legal advisers and practicing lawyers including the advocate profession. Both are distinguished by the scope of work area.

Advocates are tasked with accompanying the legal process and overseeing LBH in providing assistance to needy people. Permit to work in court, according to the Decree of the Minister of Justice of the Republic of Indonesia. The work area is throughout Indonesia.

Meanwhile, licenses to practice lawyers are only in certain areas according to the provisions of the local court. The responsibility of a lawyer in a narrower work area than that of an advocate.

Therefore, if you want to provide services outside its territory, you must obtain permission from the destination. Later, after having sufficient experience, they can be appointed as an advocate.

An advocate is a legal representative who has handled at least 10 criminal and civil cases. As for his appointment, it is in accordance with the decree from the minister of law and human rights.

However, since the issuance of Law no. 18 of 2009, the two professions had the same position in the eyes of the law. This also affects the working areas of both, namely equally throughout Indonesia.

You are expected to be able to distinguish the duties of each profession. This information will also make it easier for you to understand what the attorney’s responsibilities are.

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Get to know 5 Professions in Law Firms and Their Differences

Before the enactment of the Law on Advocates, there were at least 5 professions in law firms, including the following.

Before the enactment of the Law on Advocates, there were at least 5 professions in law firms. The five professional terms have not been codified or separated, so they have different meanings.

The five professions include lawyers, advocates, legal consultants, attorneys, and legal advisers. Society is certainly no stranger to the profession. In the following, we explain each of the differences.

Various Professions in Law Firms

In a law firm, there are various professions that you need to know about. Among them are the following:


Lawyers are a profession with duties and roles as legal counsel during litigation or legal proceedings. The lawyer’s scope of work is limited to the area of the High Court where the person concerned is appointed.

As a profession in a law firm, lawyers must have sufficient experience so that they can be appointed as advocates. That way, being an advocate can work throughout the territory of the Republic of Indonesia.


Advocates have the duty and role of providing legal services, both inside and outside the court by fulfilling the requirements under the law. Advocates can work in all regions of Indonesia.

Therefore, one of the professions in this law firm is the only one who has permission to proceed in court, namely KTA (Advocate Member Card) and BAS (Documents of Oaths). There are at least 8 requirements to become an Advocate.

  • Indonesian citizens and living in Indonesia
  • Not having the status of a civil servant or official
  • Minimum age 25 years
  • Educational background Bachelor of Laws
  • Pass the Advocate Organization exam
  • Minimum 2 years internship in Advocate office
  • Never been sentenced for committing a crime
  • Good behavior, honesty, fair, responsible, have high integrity


The duty of a lawyer is to accompany or represent litigants in court, but usually, this task can be represented by an advocate. In another sense, attorneys are responsible for accompanying disputing parties in court.

Of course, this assistance must be based on an agreement with the litigant which is proven in a special power of attorney. It should be noted that the profession in this law firm is different from those who are litigating in a tax court.

The legal profession is an individual and has an official attorney permit from the Head of the Tax Court. In order to obtain the permit, it is obligatory to fulfill several requirements from the Tax Court.

Law Consultant

Law Consultant

As the name implies, legal consultants have the role of providing advice and carrying out non-litigation tasks. In trials before the court, this profession cannot represent its clients, so it is likened to a client’s legal partner.

However, as a legal partner, one of the professionals in this law firm must understand the legal journey of its clients. No wonder this profession is needed in every company. Actually, there are no special requirements to become a legal consultant.

The important thing is to have a law degree background. In addition, they must also have specific experience in certain areas of law. Legal consultants are also required to have sharp analysis of legal issues and conduct legal research.

Law Advisor

The next profession in a law firm is a legal adviser with the task of providing assistance and or legal advice. It can take the form of an individual or a partnership. In the past, legal advisors were divided into 2 types:

  1. Advocate lawyers who have been appointed by the Minister of Justice then have permission to carry out legal practice activities anywhere.
  2. A practicing attorney who has obtained permission from the Head of the High Court to be able to practice law in the jurisdiction of the High Court concerned.

The five professions used to be in a container called a law firm. However, after the enactment of the Advocate Law, there is no longer any difference in terms regarding the five professions in the law firm.

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