
1. What are the information and documents required in order to obtain the Legal Aid service?
The required information and documents are:
a) Identity Card
b) Original marriage certificate / divorce certificate
c) Divorce order
d) Child birth certificate
e) Details of employment
f) Name of employer
g) Certificate from employer
h) Statement of salary
i) Medical report
j) Police report
k) Witness information
l) Claimant residency verification
m) Any relevant documents
2. What are the laws governing the Legal Aid Department?
The Legal Aid Act 1971 which came into operation on 24 April 1971 is the governing law. The day to day administration is governed by the Legal Aid and Advice Regulations 1970 and the Legal Aid (Mediation) Regulations 2006.
3. What are the objectives of the Legal Aid Department?
The Legal Aid Department was established in September 1970 and its objectives are to provide legal assistance and advice and mediation services to those who could not afford and to promote legal awareness to the public efficiently, accurately and effectively.
4. What are the criteria for me to be eligible for legal aid??
Legal aid is available to:
a) Malaysian Citizen
b) 18 years old and above.
If the applicant is below 18 years old, the parents
or guardian should apply on behalf.
5. If I were eligible for legal aid, do I have to pay for any charges incurred?
You are required to pay financial contribution as stated in Peraturan Bantuan Guaman (Fi dan Sumbangan) 2017 to DG of Legal Aid if your financial resources is more than RM30,000.00 per annum.
6. If both parties in dispute are eligible for legal aid service, would LAD assist both parties or only the one who comes first?
Legal aid service is open to both parties, no matter who comes first as long as there is a good case to be brought to court.
7. What will happen if both parties involved in a dispute are represented by the Legal Aid Department?
If this happens, both parties will be referred to a mediation session in our Department to seek an out of court settlement. If the mediation session failed, their case will be referred to our panels of solicitors appointed by the Department in accordance with section 5 of the Legal Aid Act 1971 and legal fees will be paid by the Legal Aid Department.
8. Am I still eligible to the legal aid even if my case is beyond the jurisdiction of the Legal Aid Department?
An application for a case beyond the Department’s jurisdiction as stated in subsection 10(2A) or 12 (3) of the Legal Aid Act 1971 can be submitted to the Minister through the Director General for consideration and exemption provided that there is merit in the application.
9. What is the nature of legal advice provided by the Legal Aid Department?
Pursuant to section 29 of the Legal Aid Act 1971 legal advice shall consist of oral advice on any legal questions pertaining to the laws of Malaysia.
Frequently Asked Questions [ Panel of Solicitor ]
1. Who are the Legal Aid Department's (LAD) panel solicitors?
The LAD's panel solicitors are private lawyers namely advocates and solicitors and syarie counsels appointed by the Director General of LAD to conduct civil and syariah cases assigned to them with certain rate of fees to be borne by LAD.
2. In what circumstances would a case be assigned to panel solicitors?
A case will be assigned to panel solicitors if both parties are eligible for legal aid. In such a situation, LAD cannot act for any party to the dispute. Furthermore, a case may also be assigned to panel solicitors if it involves complex legal issues or conflict of interest if it is conducted by LAD.
3. Does a panel solicitor have the option whether to accept or decline a case?
Yes. A case will be assigned only to a panel solicitor who agrees to conduct it.
4. I am a lawyer. How do I apply to be LAD's panel solicitor?
You may apply online at www.jbg.gov.my and submit to the Director General your personal information and relevant supporting documents as follows:
i) Full name, address, profile and insurance of law firm;
ii) Academic achievement / qualification, years of work and experience in legal fields;
iii) A copy of practicing certificate (latest); and
iv) A certified copy of the State's Syarie Counsel Certificate (latest).
5. Is a panel solicitor required to update the status of his case to LAD? If yes, how?
Yes. A panel solicitor is required to always update the status of his case to LAD through "SPK-JBG" system in www.jbg.gov.my.
6. How does a panel solicitor claim his fees?
A panel solicitor can claim his fees when his case is fully completed. To do so, he has to -
i) return the case file to LAD which includes all the documents and cause papers; and
ii) issues a bill to LAD according to the scale of fees as prescribed in the Second Schedule of the Legal Aid and Advice Regulations 1970 [P.U. (A) 299/1970].
The bill will be approved and endorsed if the documents are complete and in order. Otherwise, the bill will be returned to him for amendment and further action.
Frequently Asked Questions [ Mediation ]
1. What is mediation?
Mediation is a process in which parties having dispute settle their dispute voluntarily and amicably with the assistance of a mediator. A mediation session will be held within thirty (30) days after the parties have signed the Consent Agreement for Mediation.
2. What are the advantages of mediation??
Mediation
(a) encourages the disputing parties to exercise ultimate right to speak in resolving dispute;
(b) promotes cooperation between parties;
(c) saves time and cost;
(d) assures confidentiality of all communications during negotiation;
(e) preserves and improves relationship of the parties;
(f) does not aggrieve any parties despite failure to obtain any resolution because justice remains preserved when the dispute is brought to court; and
(g) often results in a mutual and amenable resolution decided by parties themselves.
3. What is the case that the applicant can obtain mediation services?
The cases set out in the Third Schedule of Act 26 applicable to mediation services in JBG are:
(a) All cases of sharia family except divorce cases, fasakh and notices of judgment.
(b) All civil family cases except cases involving domestic violence.
(c) Disputes involving parties to be contacted.
4. Who can apply for this mediation service?
(a) This mediation service may be sought by assisted persons or opponents.
(b) Investigating Officers who interview the applicant may recommend mediation services to applicants if the case is considered suitable for mediation.
5. Is could be pursued mediation conference if one of the absent party?
The mediation cannot continue if either party only that present and considered unsuccessful.
6. Will the mediation session be postponed on another date?
Its may be adjourned on another date on reasonable grounds acceptable by example intermediaries such as:
(a) The party was absent from the mediation session for a sick leave
(b) The party was absent from the mediation trial for not receiving a release from the employer; or
(c) The parties are absent from the mediation session for being abroad.
7. Will any party present withdraw from the mediation session?
Any party may withdraw from the mediation session if refuses to proceed with the mediation session by filling out an withdrawal form from mediation.
8. Are those who attended the sulhmic process in sharia court can apply for mediation in JBG?
For any party who has undergone a sheriff session in syariah court it is no longer possible to mediation the case at JBG.
9. Are the parties bound by the terms of the settlement agreement after the mediation session on the run?
Yes. The parties are bound by the terms of the settlement or agreement reached during the mediation sessions as agreed.
10. Are the parties bound by the terms of the settlement agreement after the mediation session on the run?
(a) The goals and goals from start to finish briefly.
(b) Terms and advantages of mediation methods
(c) Terms that bind the parties to the agreement
(d) The method records the agreement whether in peace or by court order
(e) Where a settlement is reached in a mediation session, the parties are required to sign a Settlement Agreement and that the study will be binding on the parties.
11. This mediation service is only feasible to Malaysian citizens only?
This mediation service is only feasible to Malaysian citizens only.
12. What about the unsuccessful mediation case during the mediation session?
For cases that fail to reach a resolution during the mediation trial the case will be extended further to the lower part of the litigation unit.
Frequently Asked Questions [ Syariah ]
1. What are the common rights that a Muslim woman can seek after divorce?
There are 5 common rights that a Muslim woman can seek under the Islamic Family Law -
a. mutaah;
b. custody of the child;
c. maintenance of the child;
d. maintenance period of iddah; and
e. matrimonial property
2. What is muta'ah?
Mutaah is a consolatory gift granted by the husband for his ex-wife after their divorce. Islamic Family Law provides that a woman who has been divorced without just cause by her husband may apply to the court for muta’ah.
3. What is meant by harta sepencarian?
“harta sepencarian” is property jointly acquired by husband and wife during the subsistence of the marriage in accordance with the conditions stipulated by Hukum Syarak.
4. What are the documents required to obtain legal aid for a fasakh case?
The documents required are, among others, identity card, pay slip/verified income statement, nikah/ruju' certificate, relevant documents relating to facts of the case e.g.: medical report, police report and etc.(if applicable).
5. Can a wife who solemnized a marriage abroad without leave from the court obtain legal aid to file application of fasakh in a Syariah court of Malaysia?
Yes, if the Applicant is eligible in terms of source of income and if the marriage has been authorized by the Syariah court of Malaysia and that the case has merits..
6. What is nusyuz?
Nusyuz means a wife unreasonably refuses to obey the lawful wishes or commands of her husband, that is to say, inter alia:
i) when she withholds her association with her husband;
ii) when she leaves her husband's home against his will; or
iii) when she refuses to move with him to another home or place, without any valid reason according to Hukum Syara'.
7. What is the effect of nusyuz?
A wife who is found nusyuz shall not be entitled for maintenance until she returns to obey her husband.
8. What is divorce under takliq and how does it take place?
Takliq means a promise expressed by the husband after solemnization of marriage in accordance with Hukum Syara' and the provision under the State Islamic Family Law Act/Enactment/Ordinance. Divorce under takliq may be granted upon breach of takliq and after a complaint has been lodged and certified by the Court.
9. What kind of child maintenance that can be claimed?
Daily necessities such as food, clothing, school expenses, basic education, medicine and place of residence.
10. Who is liable to pay child maintenance?
The child's biological father and paternal kin (in the order of ‘wali’).
11. How is the maintenance of a child assessed?
Child maintenance is assessed based on the ability of the person responsible and the needs of the child.
12. What is the procedure for submitting a claim for child maintenance?
Child maintenance claim may be filed at the Syariah Court where the applicant resides by submitting the following documents:
(i) Identity Card
(ii) Birth / adoption certificate
(iii) Certificate of marrige / divorce and
(iv) Supporting document supporting the claim
Soalan Lazim [ Pendamping Guaman ]
1. Apakah Khidmat Pendamping Guaman?
Khidmat pendamping guaman adalah khidmat yang diberikan kepada seorang kanak-kanak yang menjadi mangsa mana-mana kesalahan jenayah seksual.
2.Siapakah Yang Layak Mendapat Khidmat Pendamping Guaman?
Pengantaraan-
- Kanak-Kanak yang menjadi mangsa kesalahan jenayah seksual dan berumur di bawah 18 tahun.
- Pemohon mestilah masih seorang kanak-kanak pada masa prosiding dimulakan di mahkamah.
- Kanak-kanak mangsa kesalahan jenayah seksual tersebut mestilah terdiri daripada warganegara Malaysia.
3. Apakah Tugas Pendamping Guaman?
Kes-kes yang dinyatakan dalam Jadual Ketiga Akta 26 yang sesuai untuk khidmat pengantaraan di JBG ialah:
- Tugas pendamping guaman adalah memberikan khidmat nasihat guaman kepada mangsa atau penjaga yang hadir bagi pihak mangsa yang terlibat dalam perbuatan jenayah seksual. Khidmat nasihat guaman ini adalah meliputi prosedur membuat laporan polis (sekiranya tiada laporan polis dibuat), prosedur semasa siasatan polis dan prosedur di mahkamah. Selain itu, nasihat guaman juga diberikan dari segi tuntutan sivil yang boleh dimulakan oleh orang yang dibantu seperti gantirugi dalam bentuk kewangan atas kesusahan yang telah dialami mangsa semasa kejadian dan tekanan psikologi yang memerlukan mangsa mendapatkan rawatan secara berterusan dari pakar.
- Untuk mendampingi kanak-kanak mangsa kesalahan jenayah seksual dalam mana-mana prosiding di mahkamah, dan dengan kebenaran mahkamah, untuk bercakap bagi pihak orang yang dibantu (jika perlu).
4. Siapakah Yang Boleh Membuat Permohonan Khidmat Pendamping Guaman?
- Penjaga mangsa/pegawai Jabatan Kebajikan Masyarakat/mangsa sendiri boleh hadir ke mana-mana cawangan JBG untuk mendapatkan khidmat pendamping guaman bagi kanak-kanak mangsa jenayah seksual.
5. Adakah JBG Berhak Untuk Menolak Permohonan Untuk Mendapatkan Khidmat Pendamping Guaman?
- Ya, JBG berhak untuk menolak permohonan sekiranya Pengarah Negeri/ Ketua Cawangan/Ketua Pengarah Bantuan Guaman berpendapat bahawa khidmat pendamping guaman tersebut tidak wajar ditawarkan kepada mangsa.
6. Berapakah Jumlah Bayaran Yang Akan Dikenakan?
- Fi pendaftaran sebanyak RM10.00 akan dikenakan.
- Sumbangan juga perlu diambil sekiranya penjaga melepasi ujian kelayakan yang dijalankan.(Rujukan Peraturan-Peraturan Bantuan Guaman (Fi & Sumbangan) 2017)
7. Apakah Dokumen Yang Diperlukan Sewaktu Pendaftaran Khidmat Pendamping Guaman?
Dokumen yang diperlukan sewaktu pendaftaran khidmat pendamping guaman adalah:
- Laporan polis;
-
Salinan sijil kelahiran dan myKid mangsa;
-
Salinan kad pengenalan ibubapa/penjaga;
-
Maklumat pekerjaan ibubapa/penjaga;
-
Penyata gaji ibubapa/penjaga (dikecualikan jika penjaga adalah pegawai Jabatan Kebajikan Masyarakat); dan
-
Perakuan dari majikan/penghulu (sekiranya tiada penyata gaji/tidak berkerja).
8. Bilakah Permohonan Khidmat Pendamping Guaman Boleh Dibuat?
- Permohonan khidmat pendamping guaman boleh dibuat pada bila-bila masa selepas laporan polis dibuat.
9. Bilakah Khidmat Pendamping Guaman Boleh Ditamatkan?
Khidmat pendamping guaman boleh ditamatkan apabila:
- Mangsa telah mencapai umur 18 tahun.
- Perbicaraan telah selesai.
- Atas permintaan orang yang dibantu.
- Penjaga tidak memberi kerjasama kepada pendamping guaman sewaktu mewakili orang yang dibantu.