Organisation Internationale de Droit du Développement

Towards an Effective Court Decision Enforcement System in Indonesia

An ineffective court decision enforcement system in Indonesia leaves many who win their court case behind disappointed, as verdicts are not properly enforced. Hearings are often delayed, existing mechanisms are still based on Dutch law from 1848, and Indonesia’s Supreme Court’s internal regulations are not sufficient enough to ensure that court decisions are implemented effectively. The government has identified court decisions enforcement as one of the factors preventing effective judicial dispute resolution, particularly impacting business contracts. Moreover, lack of effective court enforcement in divorce cases prevents divorced women with children from obtaining their rights, for example concerning alimony and child custody.

In response to these issues, the Indonesian Institute for an Independent Judiciary is implementing a project that aims to deliver a comprehensive overview of the key challenges and problems through analysis and in-depth research. A policy paper with recommendations as well as a roadmap identifying clear steps and recommendations will be produced to improve the court decision enforcement system.

The project is funded through the Indonesia-Netherlands Rule of Law Fund of the Embassy of the Kingdom of the Netherlands in Jakarta, which is managed by IDLO.