Difference between Pro Bono and Prodeo

PERTANYAAN

What do the terms pro bono and pro bono mean? What is the difference?

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.

ULASAN LENGKAP

This article is an English translation of Perbedaan Pro Bono dengan Prodeo written by Tri Jata Ayu Pramesti, S.H., and published on Thursday, 13 July 2023.

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.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

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.

In line with this, The Law Dictionary defines pro bono as:

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

1. Lawyers are obliged to provide free legal aid to impoverished persons seeking to obtain justice.
2. 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]

1. 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
2. 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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These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 18 of 2003 on Advocate;
2. Regulation of the Government Number 83 of 2008 on Requirements and Procedures for Providing Chargeless Legal Aid;
3. Regulation of the Supreme Court Number 1 of 2014 on Guidelines for the Provision of Legal Services for the Impoverished in Court.

Reference:

1. Viswandro. Kamus Istilah Hukum. Yogyakarta: Penerbit Medpress Digital, 2014;
2. Kode Etik Profesi Advokat (Advocate Professional Code of Ethics), accessed on Thursday, 13 July 2023 at 16.00 Western Indonesian Time (zone);
3. Pro bono, accessed on Thursday, 13 July 2023 at 16.10 Western Indonesian Time (zone);
4. Prodeo, accessed on Thursday, 13 July 2023 at 16.20 Western Indonesian Time (zone);
5. The Law Dictionary, accessed on Thursday, 13 July 2023 at 15.50 Western Indonesian Time (zone).

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[1] Article 4 letter f Advocate Professional Code of Ethics.

[2] Article 7 jo. Article 9 section (1) and (2) Regulation of the Supreme Court Number 1 of 2014 on Guidelines for the Provision of Legal Services for the Impoverished in Court.