Surat Sakti: The Decline of the Authority of Judicial Decisions in Indonesia
INDONESIA: LAW AND SOCIETY, T. Lindsey, ed., Federation Press, 2008
2 Pages Posted: 8 May 2009 Last revised: 11 May 2009
Date Written: May 7, 2009
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.
Keywords: Indonesia, judiciary, judicial corruption, law reform
JEL Classification: K10, K30, K40
Suggested Citation: Suggested Citation