Disharmonisasi Regulasi Akses Dokumen Penyidikan dalam Mekanisme Pertanggungjawaban dan Pencairan Dana Bantuan Hukum oleh Lembaga Bantuan Hukum

Abstract

Regulatory disharmony regarding access to investigation documents within the context of accountability mechanisms and the disbursement of legal aid funds creates legal issues, as the accountability requirements for Legal Aid Institutions (LBH) do not always align with the restrictions on accessing documents under the authority of law enforcement agencies. This study aims to analyze the nature and implications of this regulatory disharmony and to formulate a verification mechanism that ensures accountability and the disbursement of legal aid funds without compromising investigative interests. Employing a qualitative method with a socio-legal (empirical-juridical) approach, the study utilizes statutory, conceptual, and sociological perspectives; primary data were gathered through interviews and observations at LBH Gumilang, while secondary data consisted of legislation, literature, and prior research. The results reveal a disconnect between legal aid fund accountability regulations which demand comprehensive proof of services rendered and criminal procedural laws that restrict access to investigation documents. Empirical findings indicate that limited access to certain documents can lead to legal gaps, administrative uncertainty, and potential delays in reimbursement, particularly because some documents remain outside the LBH's possession. The study concludes that accountability need not be achieved through possession of all investigation documents; instead, it can be realized through alternative verification mechanisms based on proof of service, limited confirmation with law enforcement agencies, and the separation of administrative documents from the substance of the investigation. The study implies a need for regulatory harmonization and the establishment of proportionate verification standards to balance legal certainty for LBHs, the accountability of state funds, the public's right to legal aid, and the protection of investigative interests.