Abstract

http://ssrn.com/abstract=1401127
 


 



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


Simon Butt


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

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

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Date posted: May 8, 2009 ; Last revised: May 11, 2009

Suggested Citation

Butt, Simon, Surat Sakti: The Decline of the Authority of Judicial Decisions in Indonesia (May 7, 2009). INDONESIA: LAW AND SOCIETY, T. Lindsey, ed., Federation Press, 2008; Sydney Law School Research Paper No. 09/35. Available at SSRN: http://ssrn.com/abstract=1401127

Contact Information

Simon Butt (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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