Juridical Analysis of the Regulation of Vulnerable Groups as a Requirement for Legal Aid Recipients in the Regional Regulation of Central Java Province Number 1 of 2022 Based on Law Number 16 of 2011

Abstract

This study aims to analyze the regulation of vulnerable groups as legal aid recipients in the Regional Regulation of Central Java Province Number 1 of 2022 in light of Law Number 16 of 2011 on Legal Aid. The research employs a normative juridical method using statutory and conceptual approaches. The results show that the national legal framework, consisting of Law Number 16 of 2011, Government Regulation Number 42 of 2013, and Regulation of the Minister of Law and Human Rights Number 63 of 2016, consistently limits legal aid recipients to individuals or groups who are economically disadvantaged, as evidenced by administrative requirements such as a certificate of indigency or equivalent proof. This indicates that Indonesia’s legal aid system adopts a means-tested approach based on economic incapacity. In contrast, the Regional Regulation of Central Java Province Number 1 of 2022 expands the criteria by including vulnerable groups as legal aid recipients without explicitly requiring proof of economic incapacity. This expansion results in a normative inconsistency with higher-level legislation and raises concerns regarding the principle of lex superior derogat legi inferiori. Furthermore, it may constitute an overextension of regional authority (ultra vires) and potentially lead to legal uncertainty and misallocation of limited legal aid resources. Therefore, the inclusion of vulnerable groups as legal aid recipients in the regional regulation is not fully aligned with the national legal framework governing legal aid in Indonesia.