How successful are Indonesia's anti-corruption prosecutions? Have constitutional and legislative changes threatened the success of the courts?
Professor 听has been studying the effectiveness of Indonesia鈥檚 corruption courts, particularly in regional areas. This research was funded by an Australian Research Council (ARC)听听(2015鈥�21).
These courts, and the Anti-Corruption Commission prosecutions they decide, had, for several years since their establishment in 2004 maintained a 100% conviction rate, which was widely considered to be a 鈥樷�� in Indonesia. This was surprising, given Indonesia鈥檚 long history of high levels of public sector corruption. But the conviction rate had also raised questions about whether corruption cases were听. Several听听appeared to threaten the pillars upon which the 鈥榮uccess鈥� of the corruption courts had been attributed. These pillars are the separation of these courts from the existing judiciary, and the use of ad hoc judges.
Working with leading academic researchers from the听, Yogyakarta, Professor Butt has collected data to enable an assessment of Indonesia鈥檚 corruption courts, and to determine the effect of these constitutional and legislative changes. Detailed research and findings appear in Professor Butt鈥檚 forthcoming book,听Judicial Dysfunction in Indonesia听(to be published by Melbourne University Press in late 2022 or early 2023).
These findings suggest that the corruption courts have largely met the purposes for which they were established. But these courts hear too few cases to significantly reduce听听in Indonesia, and have done nothing to improve the overall quality of the Indonesian judiciary. Indeed, some of the broader dysfunctional elements crippling the judiciary as a whole 鈥� such as corruption, and听听(many of which have been presided over by judges widely regarded as听) 鈥� have infected the corruption courts themselves. This is clear from recent prosecutions for corruption of almost 30 judges from most branches of the Indonesian judiciary, in which judges from听听have been overrepresented.
Meanwhile, the Supreme Court, which oversees most Indonesian courts, assesses performance of courts and judges primarily by reference to efficiency measures. This research calls for a return to formal examination of judicial decisions, to help improve the quality of judicial reasoning, which remains generally听, including in the听听颈迟蝉别濒蹿.
This project is funded by the Australian Research Council (ARC) ARC Future Fellowship 2015, Grant ID:听.
听(Oxford University Press, 2018, co-authored with Tim Lindsey).听
'' in听Tim Lindsey and Helen Pausacker (eds),听Crime and Punishment in Indonesia听(Routledge, 2021).
'' in听Greg Fealy and Ronit Ricci (eds),听Contentious Belonging: The Place of Minorities in Indonesia听(ISEAS, 2019).
'' in听Melissa Crouch (ed),听The Politics of Courts and Judicial Change: Judicial Reform in Indonesia and the Legacy of Dan S Lev听(Cambridge University Press, 2019).听
听in Anselmo Reyes and Weixia Gu (eds)听The Developing World of Arbitration听(Hart, 2018).
'' in听Edward Aspinall, Marcus Mietzner, and Dirk Tomsa (eds),听The Yudhoyono Presidency: Indonesia鈥檚 Decade of Stability and Stagnation听(ISEAS, 2015).