share

Anti-Corruption Courts in Indonesia after 2009: Between Expectation and Reality

by 

Arsil, Astriyani, Dian Rositawati, Muhammad Tanziel Aziezi

Publisher:

Jakarta:Indonesian Institute for Independent Judiciary (Lembaga Kajian dan Advokasi Independensi Peradilan – LeIP); Honolulu: East-West Center;

Publication Date: October 2021
ISBN: 978-623-95822-2-7
Binding: Electronic
Pages: 200
Free Download: PDF

 

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.