Indonesian Court and Justice Review
Indonesian Court and Justice Review (e-ISSN: 3164-502X) is published by COLLEGIUM JUSTICIA INDONESIA, first published in 2024, and issued quarterly in February, May, August, and November in online format (electronic format). It is a peer-reviewed academic journal dedicated to advancing rigorous scholarship on courts, judicial institutions, justice systems, and legal practices in Indonesia and comparative jurisdictions. The journal provides an interdisciplinary academic platform for researchers, academics, legal practitioners, policymakers, and other scholars to critically examine the role of courts and judicial institutions in promoting the rule of law, human rights, democratic governance, judicial accountability, and access to justice. It welcomes doctrinal, normative, empirical, comparative, socio-legal, and interdisciplinary research addressing judicial decision-making, judicial independence and accountability, constitutional adjudication, court administration, legal pluralism, customary law, religious courts, judicial reform, and emerging challenges in the administration of justice. The journal publishes Research Articles, Review Articles, Case and Judicial Decision Analyses, Legal and Judicial Commentaries, Book Reviews, Editorials, and Special Issue Articles. All research contributions undergo a rigorous double-anonymous peer-review process to ensure academic quality, originality, and integrity. The journal operates under a Gold Open Access Policy, providing free and immediate access to all published articles without subscription or access fees. Copyright is retained by the authors, and all articles are published under the Creative Commons Attribution 4.0 International (CC BY 4.0) License.
Articles
50 Documents
<![CDATA[Judicial Reform in Indonesia: Balancing Independence and Political Interference ]]>
<![CDATA[Firdaus Arifin]]>;
<![CDATA[Andry Wikra Wardhana Mamonto]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 1 (2024): February, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/sdyky041
<![CDATA[This research explores the complex dynamics of judicial reform in Indonesia, focusing on the ongoing tension between judicial independence and political interference. Since the fall of Suharto's authoritarian regime, Indonesia has undertaken significant reforms to strengthen its democratic institutions, particularly the judiciary. This study examines the extent to which judicial reforms, implemented through constitutional changes and the establishment of independent bodies like the Judicial Commission, have succeeded in insulating the judiciary from political pressures. By analyzing case law, policy documents, and conducting interviews with legal experts, judges, and political analysts, the research identifies key challenges in achieving true judicial independence. The findings indicate that while Indonesia’s judiciary has made strides in reducing political influence, persistent issues—such as corruption, political patronage, and limited accountability—continue to undermine its autonomy. Furthermore, the study highlights the role of political elites in shaping judicial decisions and the ways in which these influences manifest in high-profile legal cases. The research argues that while reforms have created legal frameworks to support judicial independence, the judiciary remains vulnerable to external pressures unless broader political and institutional changes are made. The study contributes to the debate on the balance between judicial independence and political interference, offering recommendations for strengthening the rule of law in Indonesia and ensuring a more impartial judicial system.]]>
<![CDATA[Restorative Justice in the Criminal Justice System: Opportunity or Threat to the Rule of Law? ]]>
<![CDATA[Winarsih Winarsih]]>;
<![CDATA[Cahya Wulandari]]>;
<![CDATA[Rasdi Rasdi]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 1 (2024): February, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/x6krrd03
<![CDATA[This research critically examines the role of restorative justice within the criminal justice system, questioning whether it serves as an opportunity or a threat to the rule of law. Restorative justice, which emphasizes repairing harm through dialogue, accountability, and community involvement, has gained traction as an alternative to traditional punitive measures. This study evaluates its application in various legal systems, with a specific focus on how it is integrated into the criminal justice framework and its potential implications for legal norms and procedural fairness. Through comparative legal analysis and interviews with legal practitioners, scholars, and individuals involved in restorative justice practices, the research assesses the effectiveness of restorative justice in balancing offender rehabilitation with the protection of victims' rights. The findings reveal that while restorative justice has the potential to provide more holistic solutions and reduce recidivism, its implementation in some jurisdictions raises concerns about its consistency with the rule of law. Critics argue that it may undermine established legal principles, such as due process and proportional punishment, while supporters emphasize its restorative and community-centered values. This study contributes to the ongoing debate by offering nuanced insights into the broader implications of restorative justice on legal reform, advocating for clearer frameworks and guidelines to ensure that it enhances rather than threatens the integrity of the justice system.]]>
<![CDATA[A Critical Analysis of the Constitutional Court’s Ruling on Presidential Term Limits ]]>
<![CDATA[Rodiyah Rodiyah]]>;
<![CDATA[Bayangsari Wedhatami]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 1 (2024): February, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/dm6a8h29
<![CDATA[The Supreme Court plays a crucial role in upholding legal consistency, yet contradictory rulings from the highest judicial authority can create confusion and erode public confidence in the justice system. This study examines how the Supreme Court addresses instances where its rulings conflict, focusing on the mechanisms it employs to ensure legal coherence. By analyzing specific case studies of contradictory decisions, this research explores the reasons behind these inconsistencies and the strategies the Court uses to resolve or justify them. Using a mixed-methods approach, the study combines qualitative analysis of case law and legal texts with interviews from legal practitioners, alongside quantitative examination of trends in judicial decisions over time. The findings reveal that while doctrines such as stare decisis are meant to guide the Court towards consistency, the complexity of legal interpretation, evolving societal norms, and external political pressures can lead to occasional contradictions. The novelty of this research lies in its case study approach, which provides a deeper understanding of the Court's internal decision-making processes when faced with conflicting rulings. The urgency of this issue is highlighted by growing calls for judicial reform worldwide, emphasizing the need for clear and reliable legal guidance from the judiciary. Ultimately, this study contributes to the broader international discussion on judicial independence, legal reform, and how courts balance the demands of consistency with the evolution of legal thought, offering valuable insights into the challenges faced by the highest courts in maintaining the integrity of the legal system.]]>
<![CDATA[Digitization of Courts in Indonesia: Innovation or Barrier to Accessing Justice? ]]>
<![CDATA[Aksara Putra]]>;
<![CDATA[Dara Suryani]]>;
<![CDATA[Amirul Zahir]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 1 (2024): February, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/yx519m07
<![CDATA[The digitization of court systems in Indonesia has been hailed as a step forward in modernizing the judiciary, enhancing efficiency, and improving access to justice. However, questions remain about whether this shift represents genuine innovation or if it creates new barriers, especially for marginalized groups who may face difficulties navigating digital platforms. This study explores the impact of court digitization on the accessibility of justice in Indonesia, focusing on both the positive and negative aspects of this transformation. Through a mixed-methods approach, the research combines an analysis of legal documents and court practices with interviews from legal practitioners, court users, and technology experts. The findings highlight both the benefits of digitization, such as faster processing times and improved transparency, as well as challenges related to technological literacy, internet access, and the potential exclusion of certain segments of society. The novelty of this research lies in its examination of digitization from a critical perspective, considering not only the technological advancements but also their implications for equitable access to justice. The urgency of this issue is underscored by the growing reliance on digital systems in legal processes globally, and the need to ensure that digital solutions do not inadvertently marginalize those who are already vulnerable. This study contributes to the ongoing debate on digital justice, offering insights into how Indonesia can balance innovation with inclusivity in its pursuit of a fair and accessible judicial system.]]>
<![CDATA[Justice for All? An Empirical Study on Discrimination in Criminal Court Rulings ]]>
<![CDATA[Lachlan Barrett]]>;
<![CDATA[Jirawat Nopchai]]>;
<![CDATA[Adira Kartika]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 1 (2024): February, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/ctyh9808
<![CDATA[The principle of equality before the law is a cornerstone of any just legal system, yet instances of discrimination in criminal court rulings persist, raising concerns about the fairness and impartiality of judicial processes. This study empirically examines whether discrimination exists in criminal court rulings, investigating how factors such as race, gender, socio-economic status, and ethnicity may influence judicial decisions. The research utilizes a comprehensive analysis of criminal case data, combined with qualitative interviews of legal professionals, defendants, and advocates, to identify patterns and assess whether biases manifest in sentencing, verdicts, and legal interpretations. The findings reveal that, while the legal framework formally guarantees equal treatment, significant disparities exist in the application of justice, with certain groups facing harsher outcomes than others. The novelty of this study lies in its empirical approach, which provides concrete evidence of discrimination within the criminal justice system, offering a deeper understanding of its structural and procedural causes. This research is urgent given the global calls for judicial reform and the increasing awareness of systemic biases in legal institutions. By contributing to the ongoing discourse on fairness and equality in the justice system, this study offers both insights into the causes of discrimination in criminal rulings and recommendations for policy reforms aimed at ensuring justice for all, regardless of personal characteristics or background.]]>
<![CDATA[Judicial Ethics and Court Integrity: A Reflection on Cases of Ethical Violations ]]>
<![CDATA[Muslim Putra]]>;
<![CDATA[Alexander Wijaya]]>;
<![CDATA[Chandra Balakrishnan]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 2 (2024): May, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/pypv8489
<![CDATA[Judicial ethics and court integrity are critical components of a fair and just legal system, yet instances of ethical violations in the judiciary pose serious challenges to public trust and the overall credibility of legal institutions. This research delves into the nature and impact of ethical misconduct within the judiciary, focusing on specific cases where judicial actions have breached ethical standards. By analyzing a variety of documented violations, ranging from conflicts of interest to biases and corruption, this study aims to uncover the underlying causes of these ethical lapses. Through qualitative methods, including case study analysis and interviews with legal practitioners, the research highlights how such violations not only harm individual cases but also erode public confidence in the impartiality of the courts. The findings indicate that systemic issues, such as insufficient oversight, lack of accountability, and cultural factors within the legal profession, contribute significantly to ethical misconduct. This study's novelty lies in its interdisciplinary approach, combining legal analysis with insights into institutional culture and human behavior. As the demand for judicial reform intensifies globally, addressing these ethical challenges has become urgent. This research offers valuable perspectives on how to strengthen ethical standards, improve transparency, and establish more effective mechanisms for judicial oversight. Ultimately, it contributes to both national and international conversations about ensuring that courts remain paragons of integrity and fairness.]]>
<![CDATA[Judges as Agents of Change: The Role of the Judiciary in Protecting Vulnerable Groups ]]>
<![CDATA[Clara Fischer]]>;
<![CDATA[Syahrul Hakim]]>;
<![CDATA[Dewi Arum Lestari]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 2 (2024): May, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/01x9v021
<![CDATA[Judges in Indonesia play a crucial role, not only as legal decision-makers but also as agents of social change, particularly in the protection of vulnerable groups such as women, children, minorities, and marginalized communities. This study explores how the Indonesian judiciary addresses the rights of these groups, focusing on the ways in which judicial decisions impact their protection through legal interpretations, rulings, and the evolution of case law that fosters inclusivity and equality. Through a mixed-methods approach, this research combines a detailed analysis of key judicial decisions with interviews from legal professionals, advocates, and individuals from vulnerable groups to understand how judges navigate complex social issues such as discrimination, gender-based violence, and socio-economic inequality. The findings suggest that while the Indonesian judiciary has made significant strides in safeguarding the rights of vulnerable populations, challenges remain, particularly due to inconsistent legal interpretations, societal biases, and political pressures. This study's novelty lies in its investigation of judicial behavior through the lens of social responsibility, considering not only the application of legal norms but also the broader social implications of judicial decisions. The urgency of this research is emphasized by the increasing calls for judicial reform in Indonesia and the necessity of ensuring that the judiciary effectively addresses systemic injustices. Ultimately, this research provides valuable insights into how judges in Indonesia can act as agents of progressive change, offering recommendations for judicial education, strengthening human rights advocacy, and enhancing legal frameworks to ensure better protection for vulnerable groups.]]>
<![CDATA[Legal Protection for Whistleblowers: A Review of Court Practices and Regulatory Gaps ]]>
<![CDATA[Rizki Dharma Hertanto]]>;
<![CDATA[Ahmad Aldi Wijaya]]>;
<![CDATA[Hanim Noor]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 2 (2024): May, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/qkyzs882
<![CDATA[Whistleblowers play a critical role in exposing corruption, misconduct, and illegal activities within organizations, yet they often face significant personal and professional risks. In Indonesia, while legal frameworks exist to protect whistleblowers, challenges in enforcement, inconsistent judicial practices, and gaps in regulation hinder effective protection. This study reviews the current state of legal protection for whistleblowers in Indonesia, focusing on court practices, the application of whistleblower protection laws, and the regulatory gaps that expose individuals to retaliation. The research employs a qualitative approach, analyzing key case law, interviews with legal practitioners, and examining relevant statutory provisions to understand how courts address whistleblower cases. The findings reveal that, although Indonesia has made progress with laws such as the Anti-Corruption Law and the Whistleblower Protection Law, several barriers remain, including weak enforcement mechanisms, limited awareness among whistleblowers about their rights, and inconsistent rulings from the courts. This study highlights the urgent need for regulatory reform to enhance legal protections and strengthen the role of courts in safeguarding whistleblowers. The novelty of this research lies in its comprehensive review of both judicial practices and the broader regulatory environment, offering a holistic perspective on the challenges whistleblowers face in Indonesia. By contributing to the ongoing international dialogue on whistleblower protection, this study provides valuable insights for legal reforms aimed at ensuring a more robust and effective framework for whistleblowers in Indonesia.]]>
<![CDATA[Challenges in Implementing Human Rights Court Rulings in Indonesia: From Theory to Practice ]]>
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Farhan Jamil]]>;
<![CDATA[Amira Al-Suwaidi]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 2 (2024): May, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/fwz3pd79
<![CDATA[Despite Indonesia’s commitment to human rights through its legal framework and ratification of international conventions, the practical implementation of human rights court rulings often faces significant challenges. This study investigates the gap between the theoretical foundations of human rights protections in Indonesia and their real-world application, focusing specifically on the difficulties encountered in implementing rulings made by human rights courts. By analyzing a combination of case studies, legal texts, and interviews with legal experts, practitioners, and affected individuals, the research explores systemic issues such as political interference, institutional inertia, lack of enforcement mechanisms, and limited public awareness. The findings reveal that while human rights rulings may be issued in accordance with national laws and international human rights standards, their actual enforcement is often delayed or obstructed by weak institutional capacity, insufficient political will, and a lack of effective coordination among various government agencies. The study’s novelty lies in its detailed examination of both the theoretical and practical dimensions of human rights court rulings in Indonesia, providing a comprehensive view of the implementation challenges. The urgency of this issue is underscored by the need to strengthen judicial independence and promote greater accountability within the legal system. This research contributes to the broader discourse on human rights enforcement, offering recommendations for reforming the legal infrastructure and improving the efficiency of implementing human rights decisions]]>
<![CDATA[Justice in Environmental Disputes: Evaluating the Performance of the Administrative Court ]]>
<![CDATA[Aprila Niravita]]>;
<![CDATA[Bayangsari Wedhatami]]>;
<![CDATA[Julien Lemoine]]>;
<![CDATA[Giulia Rossi]]>
<![CDATA[ Indonesian Court and Justice Review Vol. 1 No. 2 (2024): May, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/f1qr0x56
<![CDATA[Environmental disputes in Indonesia often involve complex issues related to land use, natural resource management, and environmental degradation, with significant consequences for both public health and biodiversity. The Administrative Court, as a specialized judicial body, plays a central role in resolving such disputes, yet its effectiveness in delivering justice remains a topic of debate. This study evaluates the performance of the Administrative Court in handling environmental cases, focusing on the court's ability to ensure fair and timely resolution, protect environmental rights, and hold government entities accountable for their actions. Using a mixed-methods approach, the research combines an analysis of case law, court rulings, and interviews with legal professionals, environmental activists, and affected stakeholders to assess the strengths and weaknesses of the Administrative Court in addressing environmental disputes. The findings indicate that while the court has made significant contributions to environmental justice, challenges such as inconsistent rulings, limited legal resources, and the lack of specialized environmental expertise hinder its full potential. Moreover, the relationship between government agencies and the judiciary often leads to tensions that affect the court's independence and its ability to deliver impartial rulings. The novelty of this study lies in its in-depth examination of the Administrative Court's performance in the context of environmental disputes, offering both critical insights and practical recommendations for improving its effectiveness. As environmental issues become increasingly urgent, this research contributes to the ongoing dialogue on judicial reform and the role of the judiciary in promoting sustainable development and environmental protection in Indonesia.]]>
