I’d been working on a short piece about Thailand’s judicial system for the New Mandala blog, and it’s just been published. I’m admittedly not an expert on Thai courts, or even Thailand, but I tried to bring a larger perspective on judicial politics to the situation in Thailand. I suggest that conservative judicial politics has become embedded within the judiciary because of judicial reforms during the late 1890s and 1990s, which introduced civil law courts and judicial review, respectively. I’m currently working on a sequel focusing on the Constitutional Court. I’ll let you know when it’s posted.
Category Archives: judicial reform
Will judicial reform be part of the U.S.-Indonesia Comprehensive Package?
Of course, we all know how serious a problem corruption has become within the country’s legal institutions (here’s my last post on the subject). USAID already has a Justice Sector Reform Program, but I’ve heard many complaints from both within the agency and without that it simply isn’t enough. So, what to do?
Much has been made of the new U.S.-Indonesia Comprehensive Partnership. The details will be unveiled next week when Obama goes to Jakarta. However, I came across an article in Asia Times that hints that the agreement might include increased support for judicial reform. Here is the quote:
One soft power priority could be assistance in reforming the judiciary. Dishonest judges, police and prosecutors are not only a source of distrust of government among Indonesians, but also discourage the foreign investment Indonesia needs to build modern infrastructure and realize its vast economic potential.
On the one hand, this seems to make sense – it’s certainly an issue that both the U.S. and Indonesian governments would like to tackle. On the other, many in the development community see judicial reform as a thankless morass. Unlike building roads or schools, which often produces clear, immediate outcomes, judicial reform involves change political cultures and confronting elite interests. Placing judicial reform at the center of U.S.-Indonesia relations would be risky and ambitious, but rewarding if it succeeds. In fact, the inclusion of judicial reform could be an indicator of how confident Obama and Yudhoyono feel in their relationship.
I’ll post more thoughts on the Comprehensive Partnership and its implications for the rule of law in Indonesia when it’s unveiled next week. [Obama has delayed his trip to Indonesia yet again. It may not happen until June, if at all].
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Dominic J. Nardi, Jr. 