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Anti-corruption courts in Indonesia after 2009 : between expectation and reality

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Title:Anti-corruption courts in Indonesia after 2009 : between expectation and reality
Authors:Arsil
Astriyani
Rositawati, Dian
Aziezi, Muhammad Tanziel
Cohen, David
show 3 moreSati, Nisrina Irbah
East-West Center
Lembaga Kajian dan Advokasi Untuk Independensi Peradilan (Jakarta, Indonesia)
show less
LC Subject Headings:Courts - Indonesia
Judges - Indonesia
Court administration - Indonesia
Corruption - Indonesia
Date Issued:2021
Publisher:Honolulu, HI : East-West Center
Jakarta, Indonesia : Indonesian Institute for Independent Judiciary (Lembaga Kajian dan Advokasi Independensi Peradilan - LeIP)
Abstract:In 2019, the East-West Center-based Partnership for Human Rights collaborated with the Indonesian Institute for Independent Judiciary, or LeIP, to begin a four-year project funded by the Siemens Integrity Initiative to address three of the most pressing issues in the ongoing efforts to combat endemic corruption in Indonesia: 1. The uneven performance of the country's regional Anti-Corruption Courts that were created to replace a single centralized court; 2. A confused and inadequate legal framework for the protection of whistleblowers in corruption cases, and; 3. Ineffective measures and compliance regimes to address widespread corruption in the private sector. This report represents the first phase of that project: a comprehensive examination and assessment of the regional Anti-Corruption Courts that replaced a well-regarded single national court in 2009. Employing both quantitative and qualitative methods, researchers conducted in-depth analysis of important issues such as the roles of ad hoc and career judges, management, training, selection, certification, competence, infrastructure, budget, and more. The authors conclude that the regional Anti-Corruption Courts are not living up to the standard previously set by the sole Jakarta Anti-Corruption Court before the 2009 expansion and demonstrate why the regional courts' failings are the result of the strains placed upon them after a too-rapid expansion. The report arrives at sound recommendations for reform that should guide Indonesia's Supreme Court and policymakers in addressing current shortcomings of anti-corruption adjudication in Indonesia.
Description:For more about the East-West Center, see http://www.eastwestcenter.org/
Table of Contents:I. Introduction -- 1. Background -- 2. Conceptual framework: specialized courts and measuring court performance -- 3. Research method -- 4. Outline of the report -- II. Concept, History and Objective of the Court's Establishment -- 1. The concept of specialized courts in Indonesia -- 2. Establishment of anti-corruption court in Indonesia -- III. Ad Hoc Judge -- 1. Legal framework for ad hoc judges -- 2. Ad hoc judges in practice: integrity vs. specialization -- 3. The need to improve the selection process for ad hoc judges -- 4. Fulfilling the need of ad hoc judges -- 5. Problems with the quality of ad hoc judges in performing their duties -- IV. Career Judges -- 1. Legal framework governing career judges -- 2. Inefficiency in the certification program for anti-corruption judges -- 3. Workload of career judges -- 4. Providing incentives and facilities to anti-corruption judges -- V. Institution -- 1. Institutional transformation of the anti-corruption court -- 2. Composition of the anti-corruption courts -- 3. Establishment of anti-corruption courts in the regions -- 4. Buildings and court facilities -- 5. Budget -- 6. Registrars of the anti-corruption court -- 7. Personnel management -- VI. Court Proceedings -- 1. Reviewing the effectiveness of the anti-corruption courts: stakeholders' expectations -- 2. Specificity of the anti-corruption court and problems in discharging its function -- 3. Separation of court's jurisdiction and preclusion of cumulative charging by public prosecutors -- VII. Conclusions and Recommendations on Anti-Corruption Court Reform -- 1. Conclusion: reflection and challenges of the anti-corruption court as a specialized court -- 2. Recommendations for anti-corruption court reforms.
Pages/Duration:xvii, 200 p.
URI:http://hdl.handle.net/10125/80470
ISBN:9786239582227
Appears in Collections: East-West Center Books, Reports, and Other Printed Media


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