“The ASEAN region, with its strong array of justice and development partners, provides an excellent platform to blossom both the letter and the spirit of [the] global goals,” said Dr.
A lower middle-income country since 2008, Indonesia has boosted living standards and increasingly more people have access to basic services. Remarkable steps in tackling social and economic challenges have been made. Yet, considerable challenges remain as Indonesia seeks to reduce poverty, eradicate corruption, ensure equal access to justice and protect human rights. Natural resource management is facing serious threats, and vulnerable groups living in remote regions have limited access to social services and legal aid. Conflicting laws and regulations on both the national and local level and a lack of capacity of, and coordination among, government institutions hinder Indonesia from realizing its full potential, while enhancing sustainable and inclusive growth.
Indonesia and the Netherlands have a long-shared history of cooperation in the field of rule of law. The common heritage of legal systems creates an opportunity for partnerships between Indonesian and Dutch justice sector institutions. Given the shared goals of improving access to justice through the rule of law, IDLO is working with the Embassy of the Kingdom of the Netherlands in Jakarta to administer the Indonesia-Netherlands Rule of Law Fund. This program aims to support the development of effective, accountable and inclusive justice sector institutions, and ensure equal access to justice in Indonesia.
A Comparative Justice workshop held at IDLO's Branch Office in The Hague in December 2015 offered a chance to debate recent developments in legal aid services and access to justice in the host country, the Netherlands, in Indonesia and elsewhere.
A workshop is taking place at IDLO's Branch Office in The Hague to debate recent developments in legal aid services and access to justice in the host country, the Netherlands, in Indonesia and elsewhere.
Indonesia's Attorney-General’s Office (AGO) has identified differences between its methods for measuring the budget it needs to handle cases and the methods used by other bodies, including the Ministry of Finance, the National Planning and Development Agency and the State Audit Board. If the AGO's initial budget needs are not assessed correctly, this could potentially lead to a misjudgment of its budget allocation, its burn rate and expenditure, and its budget performance.
In Indonesia, with its civil law system, many scholars believe that lecturers do not have any obligation to use case law or jurisprudence, including among judges. This causes stagnant development of the law both in practice and theory. Therefore, integrating case law into education will not only be beneficial to both student and lecturer, but also for the judges so they can employ better consideration when making their decisions or verdicts.
Indonesia has a high number of overlapping or contradictory laws and regulations. This results in ineffective administration, lengthy processes and obstacles for economic development. While the Government of Indonesia has taken certain measures to enhance regulatory reform, regulatory functions are currently scattered across several governmental institutions, creating a web of uncoordinated mandates. There is therefore a need for a central body or unit within the government that oversees regulations.
The Government of Indonesia is committed to providing fair, transparent, effective, non-discriminatory and accountable services to promote access to justice for all, including members of vulnerable groups. A national program to safeguard access to justice was included in the National Strategy on Access to Justice 2016-2019. Yet, a national tool to collect data and measure the levels of access to justice for people in the country is still missing.
In 2011, Indonesia adopted a law on legal aid which includes a national budget for legal aid providers to deliver access to justice and legal aid services to the poor. However, there is a lack of legal aid lawyers and organizations throughout the country, and lawyers do not necessarily have the sufficient skills for delivering legal aid services with a human rights, gender equality and social justice perspective. Many organizations also deal with a limited administrative capacity and struggle to meet the requirements in conducting legal aid reimbursement.