What do the terms pro bono and pro bono mean? What is the difference?
DAFTAR ISI
INTISARI JAWABAN
Pro bono is an action or legal assistance carried out for the benefit of the public or incapable parties, free of charge. Whereas prodeo means free; without charge.
Although they have similar meanings, pro bono and prodeo have differences in the form of service and the party providing the assistance. What is the difference between the two?
Please read the review below for a further explanation.
This article is an update from the article with the same title, and was first published on 20 February 2014, and updated for the first time on Tuesday, 2 November 2021.
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Definition of Pro Bono
Pro bono is an action or legal assistance carried out for the public interest or incapable parties, free of charge. Furthermore, Viswandro in the Kamus Istilah Hukum (p. 153) explains that in a literal way, pro bono means for the sake of goodness.
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A Latin term meaning for the public good. It is the provision of services that are free to safeguard the public interest.
If translated, pro bono is a Latin term that has a meaning of "for the public good", in the form of providing services that are chargeless for the public interest.
Then, according to Kamus Besar Bahasa Indonesia (“KBBI”) a.k.a. the official dictionary of the Indonesian language, pro bono is legal aid provided free of charge to someone who is involved in a legal case, but the person cannot afford the services of a lawyer himself.
The party who is obliged to provide pro bono assistance is a lawyer or advocate. This is as emphasized in Article 22 Law 18/2003
Lawyers are obliged to provide free legal aid to impoverished persons seeking to obtain justice.
Provisions regarding the requirements and procedures for providing free legal aid pursuant to section (1) shall be further regulated by Government Regulation.
It should be noted that the requirements and procedures for providing free or pro bono legal aid are further regulated in Government Regulation 83/2008.
The forms of legal aid referred to in Article 3 Government Regulation 83/2008 include legal actions for the benefit of justice seekers at any level of the judicial process and also apply to the provision of legal services outside the court.
However, although pro bono services are provided free of charge, the lawyer must give the same care as in the management of a paid case.[1]
From the above provisions, it can be concluded that lawyers are obliged to provide pro bono services to impoverished justice seekers, one form of pro bono assistance can be in the form of legal assistance to overcome the legal problems experienced.
Definition of Prodeo
According to Viswandro, prodeo means free; without charge (p. 153). In line with this, KBBI also defines prodeo as free or chargeless.
Although it has a similar meaning to pro bono, the form of giving prodeo is different from pro bono.
If pro bono is provided by an advocate, prodeo is provided by the state in the form of a fee waiver service in court.
In this case, the state bears the costs of litigating in court, both at the first, appeal, cassation, and judicial review levels; so that any person/group of people who are economically disadvantaged can litigate in court for free, as confirmed in Article 1 number 2 and 4 Supreme Court Regulation 1/2014.
In order to obtain this waiver service, any person/group of people who are economically disadvantaged may submit a written application for waiver of court fees, attaching:[2]
Certificate of Indigence (in Bahasa Indonesia is known as Surat Keterangan Tidak Mampu) issued by the head of the village/head of the local area stating that it is true that the person concerned cannot afford to pay court fees; or
Other social benefit certificates, such as the Kartu Keluarga Miskin, Community Health Insurance Card (Kartu Jaminan Kesehatan Masyarakat/ “Jamkesmas”), Kartu Beras Miskin, Kartu Program Keluarga Harapan, Kartu Bantuan Langsung Tunai, Social Protection Card (Kartu Perlindungan Sosial/ “KPS”), or other documents relating to the list of impoverished people in the government's integrated database or issued by other agencies authorized to provide information on indigence.
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