Providing Justice to the Justice Seeker: - Family Court of Australia

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viProviding Justice to the Justice Seeker A Report on the Access and Equity Study in theIndonesian General and Religious Courts 2007–2009
ForewordChief Justice of the Supreme Court ofthe Republic of IndonesiaPart of the mission of the Supreme Court is ‘providing just legal services to justice seekers’. TheSupreme Court and all the courts under its authority are required to provide the best possibleservice to justice seekers, both those who can afford it and those who cannot. This access andequity survey of the General Courts and Religious Courts, facilitated by the Indonesia AustraliaLegal Development Facility (IALDF) and funded by AusAID, is of great benefit and relevanceto this mission.The results of the survey show that there are still obstacles and weaknesses of access and equityin the provision of services by our District (General) Courts, particularly in divorce petitioncases and applications for birth certificate decisions. This, in turn, suggests ups and downs in thecredibility of District (General) Courts as manifested in how independent judges are and howthey handle General Courts cases. To overcome these obstacles and weaknesses and improvejudicial independence and quality it is hoped that the Supreme Court, and in particular theDirectorate General of General Courts, can now work to improve court administration andprovide solutions to technical problems as well as support the development of a sense of popularownership of this judicial institution.It is hoped that the findings of this study will be a valuable contribution to determining policydirection and designing programs to improve the quality of public service, public perceptionsand the performance of our courts, particularly for members of the community living belowthe poverty line.We would like to express our thanks to IALDF, AusAID, the Family Court of Australia, PPIMUIN Jakarta, PEKKA, SMERU Research Institute, the survey respondents and all other partiesinvolved who helped to carry out this survey. We hope that this survey will encourage othersurveys to be carried out, the outcomes of which can also support the improvement of courtservices in the future.Dr. Harifin A Tumpa, SH. MH.Chief Justice of the Supreme Court of the Republic of IndonesiaJakarta, 14 October 2009Providing Justice to the Justice Seeker A Report on the Access and Equity Study in theIndonesian General and Religious Courts 2007–20091
Page 2: © Mahkamah Agung and AusAID 2010Th
Page 6 and 7: ivProviding Justice to the Justice
Page 10 and 11: ForewordDirector General of the Gen
Page 12 and 13: Whatever the results of this survey
Page 14 and 15: Key research findings (continued)5
Page 16 and 17: Key research findings (continued)11
Page 18 and 19: Chapter 1Introduction to Access and
Page 20 and 21: Data is currently being collected f
Page 22 and 23: Table 2Sampling methodology for cou
Page 24 and 25: 4 Poverty and legal access survey (
Page 26 and 27: Chapter 2Introduction to the Family
Page 28 and 29: The table below summarises cases de
Page 30 and 31: The importance of family law cases
Page 32 and 33: The Religious Courts hear two types
Page 34 and 35: The party seeking to have the court
Page 36 and 37: Chapter 3Summary of Key ResearchFin
Page 38 and 39: Clients of both the General and Rel
Page 40 and 41: Figure 6 continuedResults of Court
Page 42 and 43: 3 Women bring twice as many divorce
Page 44 and 45: 5 88% of PEKKA members (female head
Page 46 and 47: Table 13Cost of a Divorce Case in b
Page 48 and 49: The average actual court cost was R
Page 50 and 51: Table 14Number of days from case re
Page 52 and 53: 9 Efficient allocation of judicial
Page 54 and 55: Case StudyMalang Kabupaten Religiou
Page 56 and 57: The overwhelming majority of PEKKA
Page 58 and 59:
Chapter 4Demographic Data from the
Page 60 and 61:
Table 20Income distribution for the
Page 62 and 63:
Legal status of marriageOver 50% of
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Cost of a divorce caseThe main cost
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Cost of a lawyerIn the survey of Re
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Chapter 5Strategic Response to the2
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Issues identified in the surveySugg
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Issues identified in the surveySugg
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Annex 1Extract from Government of I
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Annex 2Summary of Recommendations m
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6. The Registrar/Secretary of a cou
Page 80 and 81:
Acknowledgments andStudy Partners72
Page 82:
PEKKA’s Legal Empowerment Program
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Providing Justice to the Justice Seeker: - Family Court of Australia

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