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For most Indonesians, justice is not played out in courtrooms, but in village halls across the archipelago
JAKARTA, May 20, 2009 – New research on non-state justice in Indonesia finds that village-level dispute resolution mechanisms are still the primary means by which most Indonesians resolve their disputes. Cases handled by non-state justice systems are fundamental to the livelihood of the poor including disputes over land, inheritance and division of property on divorce. The World Bank report found that while non-state justice systems provide rapid justice that is in line with local cultural practices, marginalized groups such as women and ethnic minorities regularly suffer injustice. Continuing to improve the quality of justice dispensed through non-state justice systems is an important element of Indonesia’s ongoing push for legal and judicial reform, the World Bank research concludes.
Based on eighteen months of field research covering 34 case studies in five provinces and a 12,000 respondent national survey on justice and conflict, the report – “Forging the Middle Ground: Engaging Non-State Justice in Indonesia” – was produced by the World Bank in Indonesia, with contributions from several judges from Indonesia’s Supreme Court.
The report underlines the reality that how disputes are resolved, for many Indonesians, depends heavily on ones social status and relationships with local non-state justice actors – i.e. village heads, traditional customary leaders, neighborhood leaders and religious leaders. “Non-state justice mechanisms are quick and effective in resolving local disputes and preserving social harmony. However these mechanisms often lack clear accountability guidelines or standards, so there is a need to strengthen these in the future,” said Indonesian Supreme Court Chief Justice Harifin Tumpa. “This research supports the Supreme Court’s efforts to strengthen alternative dispute resolution mechanisms so that they are better aligned with the formal justice sector.
The weaknesses of non-state justice systems become more evident when disputes involve women, ethnic minorities and groups or institutions beyond the village realm, including private sector companies. To overcome these weaknesses, “Forging the Middle Ground” recommends a mix of policy change and grassroots action to:
Clarify the delineation of jurisdiction between non-state and formal dispute resolution actors;
Enhance upwards accountability of non-state mechanisms so that they are better able to provide equality before the law and protect the rights of communities, in particular marginalized groups;
Strengthen access to justice for the poor, including marginalized groups, through increased awareness of their rights and access to appropriate institutions.
“The day-to-day disputes that arise at the local level – land, labor, inheritance, marriage and divorce – have major socio-economic impacts on the lives of many Indonesians. Ensuring these disputes are resolved efficiently and fairly is important for reducing the inequality traps that lock the poor into cycles of poverty and exclusion,” said Joachim von Amsberg, World Bank Country Director for Indonesia. “A policy focus on non-state justice systems thus becomes an important element of a comprehensive strategy for legal and judicial reforms.”
