It is imperative in every democratic society that access to justice is not an abstract concept but a reality to all, regardless of geographical, economic, or educational barriers.
In furtherance of this commitment and in line with the objectives of the Malaysian Bar,1 we have entered into a collaboration with the Embassy of the Republic of Indonesia in Kuala Lumpur (“Embassy”) to ensure that Indonesian nationals in Malaysia will have access to legal representation.
This collaboration between the Malaysian Bar and the Embassy will see the birth of a new scheme, known as the Indonesian Citizens’ Legal Aid Scheme (“I-CLAS”). It will run as a pilot programme throughout 2025 with the participation of three legal aid centres,2 with a possibility of expansion to cover all states across the nation.
I-CLAS essentially aims to provide Indonesian nationals in Malaysia with access to legal aid in criminal, immigration, labour, family, syariah and such other areas of law that the legal aid centres are able to render advice. In addition, the scheme introduces outreach programmes in an effort to educate the Indonesian community on Malaysian laws and their rights thereunder.
The Malaysian Bar takes pride in being the only Bar among common law jurisdictions to operate its own legal aid scheme, which will be supported through the signing of an agreement with the Embassy that establishes a sustainable funding module. This innovative framework ensures that pro bono volunteer lawyers are not burdened with the financial responsibilities of handling critical cases, such as those involving criminal and immigration matters. By collectively funding the scheme, the Bar enables lawyers to focus on delivering justice without the additional strain of covering operational costs, thereby delivering on its commitment to ensuring justice for all.
We commend the Embassy for stepping up to the call of enhancing access to justice for their nationals in Malaysia. In a similar vein, the Malaysian Bar remains hopeful that more embassies and diplomatic missions would rise to join hands in providing better access to justice for their nationals in Malaysia.
In the pursuit of upholding the rule of law and ensuring that justice is a right rather than a privilege, the Malaysian Bar looks forward to the successful implementation of I-CLAS.
Mohamad Ezri Abdul Wahab
President
Malaysia Bar
12 December 2024
1 Section 42 of the Legal Profession Act 1976 — (g) to protect and assist the public in all matters touching ancillary or incidental to the law; and (h) to make provision for or assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors.
2 Bar Council Legal Aid Centre (Kuala Lumpur), Bar Council Legal Aid Centre (Selangor), and Bar Council Legal Aid Centre (Perak).