Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-gvvz8 Total loading time: 0 Render date: 2024-12-23T13:07:38.613Z Has data issue: false hasContentIssue false

2 - The Supreme Court

Reformasi, Independence and the Failure to Ensure Legal Certainty

from Part I - Continuity and Change in the General Court System

Published online by Cambridge University Press:  30 August 2019

Melissa Crouch
Affiliation:
University of New South Wales, Sydney
Get access

Summary

During the Old and New Order regimes, the status and legitimacy of the Supreme Court was in a state of despair. The reformasi enabled the judiciary and the Supreme Court in particular to strengthen its independence, power and prestige by having, among others, a more free appointment and removal process of Supreme Court judges, new power to manage the personnel and resources of the lower courts as well as expansion of its own organization and budget. Despite such progress, as the highest judicial organ in the land with power to interpret the law, review government actions and regulations and control the overall courts, the Supreme Court missed the opportunity to establish its legitimacy in the eyes of the public and other state institutions. This had led them to look for other venues to protect their rights and interest, such as by bringing the cases to the Constitutional Court. This chapter examines some of the major changes and dynamics during the reformasi and explains how and why the Supreme Court fails to perform its basic function to provide legal certainty, protection and check and balance to the other arms of government.

Type
Chapter
Information
The Politics of Court Reform
Judicial Change and Legal Culture in Indonesia
, pp. 31 - 58
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×