Indonesia’s Constitutional Court threw out another challenge to the controversial anti-pornography law. According to Jakarta Post, activist lawyer Farhat Abbas filed a complained alleging that the law contradicted itself by punishing the storage of pornographic materials, but creating an exemption for personal use. The Court responded that the law is constitutional, and the court’s jurisdiction only allows it to determine the constitutionality of laws, not resolve internal contradictions. In the U.S., I suspect one might argue that the law’s internal contradictions make it “unconstitutionally vague” (and indeed much of U.S. vagueness jurisprudence seems to revolve around porn/obscenity cases), but I’m not aware of any such doctrine in Indonesian law.
Category Archives: indonesia
Access that court
In a speech before the International Association of Court and Administrator 2011 seminar, Indonesian President Yudhoyono pledged to improve access to justice for the poor. Here is an except from The Jakarta Globe:
“We have to widen access by making court cases free, granting consultation and legal aid and providing mobile trials,” he said.
In the next two years, the government plans to increase the number of free litigation cases from 4,000 a year to 11,000. It also plans to provide legal aid for more than 11,500 cases while establishing mobile courts in 233 spots around the country.
“For that reason, strengthening civil society is an important factor in allowing the people to have effective access to justice,” he said. “The government has prepared a strategy for national access to justice in the 2010 presidential decree about Justice Development.”
While I didn’t hear the full speech, from what I’ve seen the absence of any mention of corruption is striking – certainly an elephant in the room! From what I’ve heard from rule of law reformers in Indonesia, the problem isn’t access so much as lack of faith in the courts. Potential litigants simply don’t believe they will get a fair hearing, or moreover that the benefits of litigation are worth the costs. Apathy is the general feeling. In fact, USAID recently solicited proposals to stimulate demand-side rule of law reforms in Indonesia, namely getting more Indonesian stakeholders to care about the courts. Hopefully Yudhoyono’s plan to reduce barriers to litigation will help somewhat in this effort.
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Filed under access to justice, indonesia
Consequences
Sometimes, as academics, we study the decisions of constitutional courts for their political and legal value. However, sometimes the most important impact of these decisions is on the lives of ordinary citizens. Sadly, a recent outrage in Indonesia reminds us that the decisions courts make can have grave consequences.
A while back, I mentioned a case in which Indonesia’s Mahkamah Konstitusi upheld the 1965 Blasphemy Law as applied to the Ahmadiyah sect. Now, as has been widely reported, less than a year later, a mob of Muslims attacks and stabbed three Ahmadis to death in a village not far from Jakarta. This has justly been portrayed as a black eye for Indonesia. The Economist accuses the government of “fudging” on protecting human rights. Yet, few commentators seem to have drawn the line back to the Mahkamah Konstitusi. Of course, the justices bear absolutely no blame for the violence – that lies solely at the feet of a small number of disturbed young men. Still, I can’t help but wonder if a clear moral mandate from the court might have sent a signal that suppression of minorities would not be tolerated.
In a recent speech, president SBY encouraged Indonesians to utilize legal means to resolve their disputes. I certainly hope more of his countrymen heed his advice.
Filed under indonesia, Islam, Mahkamah Konstitusi
Updates from the region
First of all, I apologize for posting less frequently and with less analysis. Grad school is keeping me busy. I’m also working on some interesting articles, which I’ll certainly share when they’re ready.
There were two interesting bits of news from the region today:
Burma: In a recent speech, Aung San Suu Kyi encouraged Burma’s youth to criticize corruption and arbitrariness in Burma’s judicial system. Interestingly, when Irrawaddy magazine solicited for suggestions for Suu Kyi, I told her she should focus on the judicial system. Maybe she listed to me!
Indonesia: The Judges Ethics Council ruled that Constitutional Court Judge Arsyad Sanusi must step down after family members received bribes from a litigant in a case before the court. While he complied, the affair is a sad mark on the court, one of the few bright spots in Indonesia’s judicial system.
Thailand: Thai activist Da Torpedo won an appeal against a lese majeste conviction. This is one of the few times a defendant has won in such a case. However, it’s unclear whether the Constitutional Court will uphold the acquittal.
Suspects for life?
A few months ago, I mentioned that Indonesia’s Attorney General dropped what many believed were fraudulent charges against two KPK deputies, Bibit and Chandra. Surprisingly, some of their supporters wanted the two men to fight it out in court, believing that only a full trial would full vindicate them. Technically, the government used a Dutch procedure known as a deponering, which suspends the prosecution but still considers the men suspects.
Now, it appears opponents of the KPK seek to wield that technicality against Bibit and Chandra. According to The Jakarta Globe, the two men were not permitted to attend a House hearing on the KPK and reforms. Lawmakers claimed this was because the men were still legally considered suspects. Yet, as the newspaper notes, many believe the move was in retaliation for the arrest of 19 former and current legislators on charges of corruption.
Sadly, it seems that even if Bibit and Chandra are no longer in immediate danger of prosecution, last year’s compromise over the case also compromised their ability to act effectively. Yet another tragedy in the story of post-reformasi Indonesia.
Dominic J. Nardi, Jr. 
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