ACCESS TO JUSTICE IN INDONESIA (FROM ACCESS TO JUSTICE, VOL 1, 1978, BY M CAPPELLETTI AND B GARTH - SEE NCJ-61132)

• NCJ Number: 61146
• Author(s): A B NASUTION
• Date Published: 1978
• Length: 8 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Language: English
• Country: Netherlands

Annotation

FACTORS BEARING UPON CITIZENS' ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION IN INDONESIA ARE DISCUSSED.

Abstract

GENERALLY, CIVIL DISPUTES IN INDONESIA ARE DIVIDED INTO TWO CATEGORIES--CLAIMS (REGULAR LAW SUITS) AND PETITIONS (WRITTEN REQUESTS FOR THE COURT TO USE ITS POWERS). THE COURT FEE FOR A CLAIM/PETITION RANGES FROM $24 TO $72, WITH A FURTHER SUM OF BETWEEN $12 AND $48 REQUIRED FOR AN APPEAL. IN ADDITION, AN AMOUNT BETWEEN $240 AND $482 MUST BE PAID FOR THE EXECUTION OF THE JUDGE'S SENTENCE, CALLING FOR A SIMILARLY EXPENSIVE COUNSEL FEE. BECAUSE 40 PERCENT OF THE POPULATION HAS AN ANNUAL INCOME OF NO MORE THAN $50, COST IS A MAJOR BARRIER TO CITIZENS' COURT ACCESS. THERE ARE NO SPECIAL OR SIMPLIFIED PROCEDURES WITHIN THE REGULAR COURT SYSTEM DESIGNED TO REDUCE COST. THE LAW DOES, HOWEVER, PERMIT THE USE OF 'BUSH LAWYERS,' WHO HAVE NO FORMAL LEGAL EDUCATION AND ARE GENERALLY EMPLOYED BY THE LOWER STRATA OF SOCIETY BECAUSE OF THEIR LOWER FEES. ALTHOUGH SPECIAL COURTS EXIST TO DEAL WITH PARTICULAR AREAS OF LAW, THEIR USE IS STILL COSTLY. THERE ARE NO MECHANISMS, EITHER GOVERNMENT-SPONSORED OR PRIVATE, WHICH PROVIDE FOR COMPULSORY DIVERSION OF DISPUTES AND VOLUNTARY SUBMISSION OF DISPUTES TO FORUMS OUTSIDE THE FORMAL JUDICIAL MACHINERY. NEITHER ARE THERE PROCEDURES FOR COLLECTIVE LEGAL ACTION. CURRENTLY, REFORMS AIMED AT REDUCING COSTS HAVE NOT BEEN PROPOSED. (RCB)