Surat Sakti: The Decline of the Authority of Judicial Decisions in Indonesia
University of Sydney - Faculty of Law
May 7, 2009
INDONESIA: LAW AND SOCIETY, T. Lindsey, ed., Federation Press, 2008
Sydney Law School Research Paper No. 09/35
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, K40Accepted Paper Series
Date posted: May 8, 2009 ; Last revised: May 11, 2009
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