Surat Sakti: The Decline of the Authority of Judicial Decisions in Indonesia

Abstract:     
It is often difficult, if not impossible, to have judicial decisions enforced in Indonesia. This article discusses the legal loopholes within Indonesian law, used by some parties to avoid complying with a judicial decision unfavourable to them. In particular, surat sakti (magic memos) - letters issued by the Chief Justice of the Supreme Court declaring to a lower court that a particular judicial decision cannot be enforced - are discussed using several case studies. It is argued that these memos are probably illegal and motivated by corruption, and that they seriously undermine the rule of law.

Number of Pages in PDF File: 2

Keywords: Indonesia, judiciary, judicial corruption, law reform

JEL Classification: K10, K30, K40

Accepted Paper Series