Search

Judicial Independence and Selection Processes in Indonesia

On 30 January 2017, a focus group discussion on "Judicial Independence and Selection Processes in Indonesia" was held in Jakarta. The session was run by Dr Fritz Siregar of the University of Indonesia and Dr Melissa Crouch of UNSW. The discussion was attended by judges of the Indonesian Supreme Court, lawyers from the Indonesian Legal Aid Foundation, Indonesian Corruption Watch, and members of the Judicial Commission.

The issue of review of judicial appointments has become an increasingly significant issue. In countries that have undergone a transition from authoritarian to democratic rule, judicial reform is a key part to enhancing judicial independence. One aspect that affects judicial independence is the process and procedures for judicial appointment, as well as the review processes of decisions to appoint judges. There is no commonly accepted practice to review the decision to appoint a judge, especially in systems where the executive has large discretion to appoint a judge. However there are increasing demands for transparency and due process in terms of judicial appointments, and this includes consideration of mechanisms to review decisions to appoint judges.

In Indonesia, there have been particular concerns raised around what it means for judicial appointments to the Constitutional Court to be conducted in a process that is 'transparent and participatory'. There have also been numerous successful cases brought to the Constitutional Court by judges in an effort to push back against what is perceived to be the encroachment of the executive on judicial independence.

This project is funded by a UNSW Indonesia Seed Funding Grant and an ANU Indonesia Project and SMERU Research Institute Research Grant.










Labels

2015 (1) access to justice (1) ACICIS (1) ADB (3) administrative courts (1) administrative law (3) Ahmadiyah (1) Ahok (5) All Indian Law Reporter (1) Allah (1) amendment (3) anthropology (1) ANU (4) article (1) ASAA (1) Asia (8) Asia Research Institute (1) Asian Development Bank (1) Asian law (7) Asian Law Centre (1) Asian Studies (1) AsianLII (2) Attorney General (2) AustLII (1) Australia (10) authoritarianism (1) banking and finance (1) Bawaslu (2) blasphemy (7) blasphemy charges (1) Blasphemy Law (2) blogs (1) book (3) book chapter (1) book launch (3) book review (3) books (1) Buddhism (4) Buddhism and law (1) Buddhist law (1) Burma (54) Burmese language (1) Burmese translation (1) Business (4) call for papers (1) Canada (1) capacity building (2) Cause lawyers (1) Chicago (1) Christianity (1) colloquium (1) commercial law (6) common law (2) comparative constitutional law (1) comparative law (1) conference (17) conflict (3) constitution (20) constitution-building (1) constitution-making (1) constitutional amendment (2) Constitutional Court (4) constitutional law (10) constitutional review (1) constitutional rights (1) Constitutional Tribunal (3) Constitutional Writs (1) Constitutionalism (2) constitutions (1) corporate law (2) course (1) courts (9) Crisis (1) Culture (1) database (1) death sentence (1) deference (1) delegation (1) democracy (7) development (1) Economics (3) edited book (1) election (1) elections (9) electoral disputes (1) emergency powers (5) engagement (1) ethnic recognition (1) Ethnic rights (1) fatwa (1) Federal Court of Australia (1) Forum (1) global law (1) globalisation (1) governor (1) handbook (1) Harvard Law School (1) Hong Kong University (1) Hooker (1) human rights (5) Human Rights Commission (1) ICON (1) IGLP (1) Indonesia (33) Indonesia Council (1) Indonesia Ulama Council (1) Indonesian studies (1) international law (1) international students (1) Interview (5) investment (1) IS (1) Islam (18) Islam and the state (1) Islamic law (1) Islamist (2) Jakarta (9) Jokowi (1) journal (3) journal article (6) judges (1) judicial independence (3) judicial review (1) judicial selection (1) justice sector (1) korea (1) law (22) law and society (2) law faculty (2) law reform (3) Law School (1) lawyer (2) lawyers (2) lecture (1) legal education (5) legal pluralism (1) legal reforms (1) Legal Training (1) local governance (1) major projects (1) Malaysia (2) marriage (1) military (3) minorities (1) moving (1) Muslims (8) Myanmar (103) Myanmar law (1) Naypyidaw (2) Nemo (1) New Constitutions (1) new year (1) newsletter (1) NLD (1) NUS (2) Oxford (1) panel (1) peace process (1) people smuggling (5) Pluralism (1) podcast (1) podcasts (1) political Islam (1) Politics (5) President (1) principles (1) professional legal education (2) radio interview (1) Rakhine State (3) rally (1) referendum (1) reform (4) religion (12) religious intolerance (1) report (5) reports (1) research centre (1) resources (1) Risks (1) RMIT (1) roundtable (2) rule by law (1) rule of law (4) scholars dialogue (1) scholarship (1) scholarships (1) section 144 (1) seminar (17) Shan State (1) Shi'a (1) Shi'ism (1) Singapore (5) social conflict (1) socio-economic rights (1) socio-legal studies (1) Southeast Asia (11) Southeast Asia; Islamic law; electives; UNSW Law; Rule of Law (1) Sri Lanka (1) State (1) statelessness (1) students (1) success (1) Supreme Court (5) Sydney (5) terrorism (1) Thailand (2) tolerance (1) training (2) transition (1) tribute (2) Trisakti University (1) U Ko Ni (4) UAGO (1) UNHCR (1) University of Indonesia (2) University of Melbourne (4) University of Sydney (1) University of Yangon (1) UNSW (20) UNSW Law (3) violence (1) West (2) West Java (1) Windsor Faculty of Law (1) women (1) working paper (1) workshop (18) world bank (1) writs (2) Yangon (3)