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LEGAL AID CLINIC AND THE PROVISION OF ACCESS TO JUSTICE FOR THE COMMUNITY IN NEED By: Siti Naaishah Hambali Nazura Abdul Manap Safinaz Mohd Hussein Mahmud Zuhdi Mohd Nor Rizal Rahman

LEGAL AID CLINIC AND THE PROVISION OF ACCESS TO JUSTICE …conference2012.asiaengage.org/wp-content/uploads/2012/05/... · 2012. 5. 23. · Selangor State Bar currently runs their

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  • LEGAL AID CLINIC

    AND THE PROVISION OF ACCESS TO

    JUSTICE FOR THE COMMUNITY IN NEED

    By:

    Siti Naaishah Hambali

    Nazura Abdul Manap

    Safinaz Mohd Hussein

    Mahmud Zuhdi Mohd Nor

    Rizal Rahman

  • A legal aid clinic (LAC) is a form of community

    work run by the law students and members of the

    faculty in most law schools around the world, be it

    from the commonwealth or civil legal system.

  • However, the legal aid

    clinic activity/program run

    by the Law Faculty in

    UKM in the past was done

    in ad-hoc manner rather

    than one formally

    established.

  • At the same time, in a meeting of the Law Deans

    of the Faculty of Laws in Malaysia, Attorney

    General and the Bar Council in 2010, the Faculty

    was asked to contribute in helping to ease the

    burden of cases handled by Legal Aid Department

    (JBG) and Legal Aid Centre.

  • The Attorney General, the

    Legal Aid Department and the

    Malaysian Bar Council also

    agreed in principle to offer

    training and case referral

    should the need arises.

    The National Legal Aid

    Foundation (Yayasan Bantuan

    Guaman) was launched in

    February 2011 that demanded

    a more concerted commit-

    ment from the Law Faculty.

  • This includes providing space and related facilities

    and expertise of faculty members who are willing

    to contribute for the operation of the centre.

    However the legal aid clinic could not be

    developed further due to lack of space at the Law

    Faculty.

  • Location?

  • One of the team member explored for a suitable

    place and found a strategic location at level three of

    the UNIKEB building but used up by UNIKEB.

  • She then negotiated with UNIKEB by personally offering

    corporate and legal advice without any charges but in return

    UNIKEB to allow free usage of the present site for the clinic.

    Further discussion led to an agreement between UKM and

    UNIKEB to have this clinic as a joint project between UKM

    and UNIKEB.

  • Both parties to jointly promote the clinic – recently the Bt Cerakah

    programme that attracted the minister of KPDNKK to invite us to

    collaborate with them

    Both UKM through its staff( Law lecturers) and UNIKEB through its

    members and associates (who are lawyers) to provide free legal advice

    to the needy member of the society.

    T & C include:UKM through one of the

    team members to give free

    corporate and legal advise

    UNIKEB agreed for some

    areas of UNIKEB premise to

    be used as the clinic premise

  • 1) To build and extend the community services profile of

    the Faculty of Law of UKM by providing a sustainable

    free legal advice for the community in needThe LAC serves both the internal (UKM) as well as external community, on any

    legal issues.

    The target is for community who are not able to afford legal services due to the

    size of their income.

    Objectives

  • 2) Enhancement of clinical legal education domain

    For students pursuing the program of study at the Law Faculty of

    UKM, clinical legal education is an important area to ensure the

    employability of graduates (graduate employability) in the legal

    profession.

    The LAC aims to provide practical training to the students under the

    supervision of voluntary legal practitioners and lecturers, by exposing

    the students to the actual situation of pro bono handling of clients.

  • 3) Enhancement of legal research domain through the activities

    carried out by the LAC, including the issue of legal aid for the

    poor in criminal cases, civil and others

    4) Promoting smart partnership between UKM Law Faculty and

    industry

    An agreement between UKM and UNIKEB to jointly

    undertake this project has further aspired the Law Faculty to

    enhance its venture with entities from the industries.

    Discussion and negotiations with the Malaysian Bar Council

    and Malaysian Legal Aid Department is underway to further

    enhance the services of the clinic.

  • Recent development:

    Selangor State Bar currently runs their Bar

    Council Legal Aid Centres in Shah Alam and

    Kuala Selangor.

    Since they do not have any centres around Bangi and

    nearby areas, we have offered them to operate from

    the clinic on certain days every month. They have

    agreed.

  • The Structure And Mode Of Operation

    Any member of the public can come to the LAC for clarification of their legal

    problems. Upon registration as clients, they will be given legal advice regarding

    their problems and the method of solution. If necessary the clients will be

    referred to other suitable agencies for further action. The LAC has the right not

    to give advisory service in certain circumstances.

  • The Structure And Mode Of Operation

    Cases handled by the LAC range from civil to syariah matters. These include

    civil cases related to divorce, right to see and visit child in custody, jointly

    acquired property, child abuse, adoption, custody, probate/ will, land matters,

    consumerism, labour law, bankruptcy, accidents, lease, rent, hire purchase,

    loan; and syariah cases related to talaq, maintenance, jointly acquired property,

    faraid, Islamic family law, hadhanah, will/hibah, syariah offences.

  • Ad alert!

    The clinic is open throughout UKM education semester period from Monday to

    Friday (10am - 4pm), and closed during public holidays and semester breaks. We

    also offer mobile legal aids in conjunction with community events, whenever

    necessary.

    We are located at Level 3, Wisma Unikeb, Universiti Kebangsaan Malaysia, 43600

    UKM Bangi, Selangor.

    Phone: +603 89214919

    Email: [email protected] Website: http://www.kbgukm.com

    http://www.ukm.my/klinikguaman

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