Justice For All? - UNDP

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i FOREWORD Minister of State for National Development Planning/ Chairperson of National Development Planning Agency First and foremost, I would like to warmly welcome the publication of “Justice for All: An Assessment of Access to Justice in Five Provinces of Indonesia” – the result of a study, conducted trough the cooperation of Bappenas, UNDP, and PSPK-UGM. This study will provide us with a description of the real circumstances of the five provinces, which experienced conflicts, either vertically or horizontally, such as in West Kalimantan, Central Kalimantan, Maluku, North Maluku and Central Sulawesi. Access to justice, as shown in the five provinces, has become a very important issue when justice seekers are in situation of conflict, especially those who are incapacitated and marginalized. Imbalance of power, rivalry of authority over natural resources, exploitation of racial sentiments and of religions have become stimulating factors for the occurrence of multidimensional and complex clashes. Justice has turned out to be a “luxury” and can hardly be touched by common people. In order to strengthen good governance, effective involvement of both the society and the government is required. Effective involvement, in turn, requires continuous support for applying the principles of public participation, accountability and transparency, particularly in the legal field. Justice seekers need to have sufficient and relevant information on laws and procedures in Indonesia. Through such information they would be able to acknowledge their own legal rights and obligations, how to implement them, how to seek redress for any future violations of those rights, as well as the consequences of any breach of obligations. Lastly, I expect the findings of this study can contribute a real benefit, not only for law enforcers and justice seekers, but also for society in general, specifically the poor and marginalized. For those who are involved in this study, both directly and indirectly, I hereby would like to express my highest appreciation. Thank you. Jakarta, December 2006 Minister of State for National Development Planning/ Chairman of National Development Planning Agency H. Paskah Suzetta Justice For All? - An Assessment of Access to Justice in Five Provinces of Indonesia
ii PREFACE Access to justice is a vital part of the UNDP mandate to reduce poverty and strengthen democratic governance. Within the board context of justice reform, UNDP focuses on supporting justice and related systems so that they work for those who are poor and disadvantaged. This is consistent with UNDP’s strong commitment to the Millenium Declaration and the fulfillment of the Millenium Development Goals. Empowering the poor and disadvantaged to seek remedies for injustice, strengthening linkages between formal and informal structures, and countering biases inherent in both systems can provide access to justice for those who would otherwise be excluded. To better understand and promote access to justice in Indonesia, the BAPPENAS Directorate of Law and Human Rights and UNDP initiated, in 2004, this extensive assessment of access to justice for the most disadvantaged populations in five provinces. This assessment has led to the development of a new initiative to enhance access to justice. The Legal Empowerment and Assistance for the Disadvantaged (LEAD) project will address the very issues identified in this report. The government of Indonesia and UNDP expect that, if sound progress can be made in strengthening citizens’ access to justice, one critical condition for sustainable peace and development in the target provinces can be achieved. On behalf of UNDP, I thank the Government of Indonesia for inviting UNDP to engage in the justice sector. I would also like to thank the hundreds of individuals and the organizations that were involved in this assessment. UNDP is committed to continuing its support to the Government of Indonesia in strengthening access to justice for all Indonesians. Bo Asplund Resident Representative UNDP Indonesia Justice For All? - An Assessment of Access to Justice in Five Provinces of Indonesia
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Page 33 and 34: GLOSSARY xxx Dinas Perikanan Dusun
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018 INTRODUCTION PART 1 ‘hardship
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INTRODUCTION 020 PART 1 regarding t
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INTRODUCTION 022 PART 1 BOX 1: MAJO
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INTRODUCTION 024 PART 1 most access
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INTRODUCTION 026 PART 1 passes a ne
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INTRODUCTION 028 PART 1 that ‘the
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INTRODUCTION 030 PART 1 West Kalima
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INTRODUCTION 032 PART 1 Key Develop
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INTRODUCTION 034 PART 1 of conflict
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INTRODUCTION 036 PART 1 Justice For
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038 PART 2 Justice For All? - An As
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040 FINDINGS PART 2 TABLE 3: A SELE
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042 FINDINGS PART 2 1.3 KEY JUSTICE
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044 FINDINGS PART 2 subsidised rice
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046 FINDINGS PART 2 An absence of c
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048 FINDINGS PART 2 BOX 5: A WORKPL
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050 FINDINGS PART 2 the cost of mai
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052 FINDINGS PART 2 legal awareness
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054 FINDINGS PART 2 local authoriti
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056 FINDINGS PART 2 spread support
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058 FINDINGS PART 2 Pro deo is not
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060 FINDINGS PART 2 Legal Aid Insti
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062 FINDINGS PART 2 as an advocate,
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064 FINDINGS PART 2 reaching its ta
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066 FINDINGS PART 2 rence for eithe
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068 FINDINGS PART 2 satisfaction wi
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070 FINDINGS PART 2 TABLE 6 : OVERA
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072 FINDINGS PART 2 mechanism is th
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074 FINDINGS PART 2 Southeast Sulaw
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076 FINDINGS PART 2 CHART 5: COMMUN
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078 FINDINGS PART 2 Of greater conc
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080 FINDINGS PART 2 TABLE 9: SOCIAL
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082 FINDINGS PART 2 and with limite
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084 FINDINGS PART 2 to citizen rati
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086 FINDINGS PART 2 because he had
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088 FINDINGS PART 2 is an open secr
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090 FINDINGS PART 2 carry out their
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092 FINDINGS PART 2 it was soon due
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094 FINDINGS PART 2 Low Salaries: T
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096 PART 2 shortage of official car
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098 FINDINGS PART 2 Divorce Cases M
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100 FINDINGS PART 2 Traditional hal
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102 FINDINGS PART 2 Submission to t
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104 FINDINGS PART 2 hardly be said
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106 FINDINGS PART 2 courts and in a
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108 FINDINGS PART 2 Justice For All
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110 PART 3 Justice For All? - An As
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112 CONCLUSIONS & RECOMMENDATIONS P
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124 ANNEX 1 Justice For All? - An A
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126 SURVEY DEMOGRAPHICS ANNEX 1 per
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128 BIBLIOGRAPHY BIBLIOGRAPHY Austr
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130 BIBLIOGRAPHY BIBLIOGRAPHY Coord
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132 BIBLIOGRAPHY BIBLIOGRAPHY Hukum
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134 BIBLIOGRAPHY BIBLIOGRAPHY Linds
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136 BIBLIOGRAPHY BIBLIOGRAPHY Stati
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138 BIBLIOGRAPHY BIBLIOGRAPHY World
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140 BIBLIOGRAPHY BIBLIOGRAPHY Chief
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142 WEST KALIMANTAN PROVINCIAL REPO
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186 MALUKU PROVINCIAL REPORT ANNEX
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234 NORTH MALUKU PROVINCIAL REPORT
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274 ANNEX 5 Justice For All? - An A
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276 CENTRAL SULAWESI PROVINCIAL REP
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296 ANNEX 5 4.2 PATTERNS OF USE IN
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318 SOUTHEAST SULAWESI PROVINCIAL R
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Justice For All? - UNDP

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