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Key Text Survey Report on Citizen's Perception of the Indonesia Justice Sector

Author: The Asia Foundation
Date: 2001
Size: 113 pages (79 KB)

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Summary

Lawmakers, government officials, legal professionals and other high-level stakeholders have determined the legal reform agenda in Indonesia. There have been few opportunities for ordinary citizens to participate in legal reform actions. Yet, what are their perceptions and experiences of the justice sector? This report by the Asia Foundation addresses the above question, drawing on data from a qualitative and quantitative study. The study focuses on the choices that the Indonesians make in resolving legal disputes and their familiarity with the procedures of the formal institutions. It also looks at the factors that influence the Indonesians’ preference for solutions and their level of satisfaction with chosen courses of action. The study is intended to serve as a programme-planning tool to assist donors to refine their law programme strategies to best serve the needs and interests of ordinary citizens as clients of the justice sector.

Issues such as rising consumer prices, the increasing cost of living, and political, security and economic concerns appear to be the most serious problems in Indonesia today. Although specific legal issues do not rank high in people’s everyday experiences, some of the existing problems, including security concerns, have an implicit legal dimension. Other findings of the study are:

While Indonesia’s legal institutions have come under pressure from domestic reformers and the international community, they continue to operate with a minimal sense of accountability to, or pressure from, the general public
Indonesians have lower confidence in the courts, police, and other formal institutions than in alternative dispute resolution mechanisms
The main problems facing the legal sector are believed by Indonesians to be: Corruption, lack of resolution of cases, lack of professional skills, excessive government interference, and low standards of professional ethics
Religious leaders and religious courts have the highest performance ranking, followed by community leaders and general courts. The lower ranks include the armed forces, legal aid agencies, the National Human Rights Commission, and the police
Traditional gender biases and cultural values hinder the ability of women to sustain legal claims, resulting in a loss of confidence in the legal system.

Efforts should be made to promote increased public understanding of fundamental rights, law, and the legal system. It is also necessary to strengthen the capacity of formal legal institutions and alternative dispute resolution mechanisms to meet citizen needs. The quality and scope of legal assistance services to citizens should be enhanced. Other recommendations of the paper are:

Efforts should be made to raise the profile, and role, of institutions of which citizens have minimal knowledge, such as the National Ombudsman Commission and the National Human Rights Commission
Public education programmes should be implemented to raise awareness of the legal dimension of broader development and governance constraints
Public education initiatives should include corollary support to enhance the information sharing capacity of public institutions and officials
In order to advance public demand for greater freedom of access to information, civil society organisations, the private sector, and the donor community should support the existing demand for freedom of information legislation
Legal empowerment strategies that advance broader governance reform and development efforts should be supported
The national legal reform agenda should include efforts to enhance and expand proven alternative dispute resolution mechanisms.

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Source: The Asia Foundation, 2001, 'Survey Report on Citizen's Perception of the Indonesia Justice Sector', The Asia Foundation, Jakarta.
Author: Asia Foundation, http://www.asiafoundation.org/
Organisation: Asia Foundation, http://www.asiafoundation.org/