Optimizing Access to Justice Through the Prodeo and Sidang Keliling in Boroko Religious Court

Al-Mujtahid: Journal of Islamic Family Law Vol. 4, No. 2 (2024): 101-114 Website: http://journal.iain-manado.ac.id/index.php/al-mujtahid ISSN 2809-0756 (online) ISSN 2809-2805 (print) Optimizing Access to Justice Through the Prodeo and Sidang Keliling in Boroko Religious Court Irawati Mustafa Pascasarjana, Institut Agama Islam Negeri Manado, Indonesia, Jl. Dr. S.H. Sarundajang, Kawasan Ringroad I, Malendeng, Manado, North Sulawesi, 95128 E-mail: Ahmad Rajafi Fakultas Syariah, Institut Agama Islam Negeri Manado, Indonesia, Jl. Dr. S.H. Sarundajang, Kawasan Ringroad I, Malendeng, Manado, North Sulawesi, 95128 E-mail: Hasyim Sofyan Lahilote Fakultas Syariah, Institut Agama Islam Negeri Manado, Indonesia, Jl. Dr. S.H. Sarundajang, Kawasan Ringroad I, Malendeng, Manado, North Sulawesi, 95128 E-mail: Rizaldy Purnomo Pedju Fakultas Syariah, Institut Agama Islam Negeri Manado, Indonesia, Jl. Dr. S.H. Sarundajang, Kawasan Ringroad I, Malendeng, Manado, North Sulawesi, 95128 E-mail: ABSTRACT This study evaluates the effectiveness of implementing the Prodeo and Sidang Keliling at the Boroko Religious Court in PERMA No. 1 of 2014. The research method used is qualitative with a juridicalempirical approach, including data collection through in-depth interviews, observations, and document analysis. The results showed that implementing the two programs significantly increased access to justice for the underprivileged. However, fluctuations were found in the realization of annual cases, highlighting the need for budget adjustments and more effective socialization strategies. The discussion emphasized the importance of adapting legal services to the needs of local communities and integrating the provider approach into the broader justice system. The conclusion of this study suggests that with improved management and socialization, the Prodeo and Sidang keliling can continue to effectively support the principles of social justice and broader access to legal services. The implications of this study lead to policy recommendations to optimize resource allocation and socialization strategies in the Indonesian judicial system, especially in the Boroko Religious Court. Keywords: Access to Justice; Prodeo; Sidang Keliling; Religious Court. 101 Al-Mujtahid: Journal of Islamic Family Law Vol. 4, No. 2 (2024): 101-114 Website: http://journal.iain-manado.ac.id/index.php/al-mujtahid ISSN 2809-0756 (online) ISSN 2809-2805 (print) INTRODUCTION Access to justice is one of the basic principles of a fair justice system and is a human right guaranteed by the constitutions of many countries, including Indonesia (Lima & Gomez, 2021). The Boroko Religious Court, which operates under Indonesian law, has implemented the Prodeo and Sidang Keliling in response to the mandate of PERMA No. 1 of 2014 (Ramadhan & Suryaningsi, 2021; Ulva et al., 2022). The program is designed to eliminate financial and geographical barriers that often hinder the access of underprivileged people to the justice system (Taufik, 2017). However, various implementation challenges are often encountered, including fluctuations in case realization and obstacles in the management and socialization of the program. This research lies at the intersection of academic discussions on access to justice, focusing on implementing legal aid policies in the judicial environment. The relevant literature reveals that despite global and national efforts to improve access to legal services, many programs are still struggling to achieve the expected results (Sourdin et al., 2020). According to a study by Smith (2020), legal aid programs are often hampered by resource constraints, lack of training, and sociocultural barriers that affect public acceptance. In Indonesia, the implementation of PERMA No. 1 of 2014 aims to overcome some of these obstacles through the introduction of the Mobile Trial and Prodeo Legal Aid, which has been studied extensively in the context of accessibility and effectiveness (Jones et al., 2020). However, the literature also suggests that there is still an urgent need to explore how factors such as program management and sustainability can affect the success of these initiatives (Johnson, 2020; Julie Olajumoke Coker et al., 2023). Furthermore, in this literature review, various theories and models of social justice and law have been used to frame the analysis of this research. The Theory of Access to Justice put forward by Cappelletti & Garth (1977) It is often the framework chosen to explain how the law can be used as a tool to fight for social justice. This study adopts this model to evaluate the effectiveness of PERMA No. 1 of 2014, emphasizing the principles of justice, equality, and efficiency. However, there is a gap in the literature regarding the direct impact of legal interventions, such as Sidang Keliling, on improving access to justice in remote areas. Therefore, this study seeks to fill this void by exploring the perceptions and experiences of users of Prodeo legal services and mobile hearings in the Boroko Religious Court, providing new insights into the dynamics between legal policies and their implementation in the field, as well as offering a more nuanced evaluation of how these programs meet or do not meet the legal needs of the most vulnerable communities. The importance of this study arises from the need for an in-depth evaluation of the effectiveness of the two programs in meeting the goal of equitable access to justice. This research is necessary because the results are expected to inform future policies and practices, which are not only limited to the Boroko Religious Court but 102 Al-Mujtahid: Journal of Islamic Family Law Vol. 4, No. 2 (2024): 101-114 Website: http://journal.iain-manado.ac.id/index.php/al-mujtahid ISSN 2809-0756 (online) ISSN 2809-2805 (print) can also be applied to other judicial systems in Indonesia. Focusing on the implementation of PERMA No. 1 of 2014, this study aims to uncover the dynamics behind the success and failure of implementing the program and provide recommendations to help formulate more effective strategies to improve access to legal services. With this objective, this study is designed to assess the extent to which the Prodeo and Sidang Keliling at the Boroko Religious Court have succeeded in increasing access to justice for the underprivileged. This study also seeks to identify and analyze obstacles that hinder the effectiveness of the implementation of PERMA No. 1 of 2014, as well as to develop recommendations that can support the improvement of legal services in the future. The research questions to be answered include the effectiveness of program implementation, identification of key obstacles in implementation, and recommendations for improving the effectiveness of related programs and policies. The study adopts a qualitative approach to gain a deep understanding of these issues, hoping that the resulting findings and recommendations will significantly contrib (...truncated)