Water for sale (Indonesia)

(Jakarta Post)

Back in 2005, the Indonesian Constitutional Court ruled that Jakarta's water privatization scheme did not violate Article 33 of the Constitution, which mandates that "land and water and natural resources... shall be controlled and shall be used for the greatest prosperity for the people" (see decision here; for more about water rights in Indonesia and the case, see this law review article).

However, some NGOs remain dissatisfied with the situation. Recently, the Coalition of Jakarta Residents Opposing Water Privatization (KMMSAJ) filed a lawsuit against city water operator PAM Jaya and its partners. According to The Jakarta Post, activists complain that the company charges excessive rates that price the poor out.

Myanmar Supreme Court website! (Myanmar/Burma)

Myanmar's Supreme Court has just created a website. It's a slick design and already contains the 2011 Myanmar Law Reports and a recent volume of the Judicial Journal. Definitely worth bookmarking.

Do Dems want Mahfud?

I've previously suggested that the Democratic Party's primary might give former Mahkamah Konstitusi chief justice Mahfud MD an opportunity to ferry his considerable public support onto a major party ticket. Now, according to The Jakarta Post, senior Democratic Party officials have expressed interest in having Mahfud compete in the primary.

Democratic Party Deputy Chairman Max Sopacua said, "We are open to anyone, Anies Baswedan, Mahfud MD, everybody, they can apply. We have a selection process but we already know that those two individuals are credible."

RIP Justice? Too Soon? (Indonesia)

University of Indonesia students march on Merdeka Palace, asking the government to crack down on corruption...

Who rules the forests? (Indonesia)

New owners?

The Alliance of Indigenous Peoples of the Archipelago (AMAN) filed a petition for constitutional review back in March asking the Mahkamah Konstitusi to remove state ownership from customary forests. According to Art. 1f of the 1999 Law on Forestry, “customary forests are state forests located in the areas of custom-based communities” (emphasis added). The justices agreed with AMAN. According to Justice Alim, “Members of customary societies have the right to clear forests belonging to them and use the land to fulfill their personal and family needs. The rights of indigenous communities will not be eradicated, as long as they’re protected under Article 18b of the Constitution.”

Facebook & Twitter pages!

Hello Rule by Hukum readers. After almost four years, I've decided it's time to enter the social media age and set up a Facebook and Twitter account for Rule by Hukum. Of course, I'll still be posting articles on this blog, but now Facebook and Twitter addicts can receive posts there as well. Better late than never...

A different chief justice running for president? (Indonesia)

There's been quite a bit of speculation regarding former Constitutional Court chief justice Mahfud MD's presidential ambitions. However, according to The Jakarta Post, Mahfud's predecessor, Jimly Asshiddiqie, has suggested that he might contest in the Democratic Party primary election. Jimly has not officially announced - as chairman of the Election Organizers Ethics Council (DKPP) he must remain neutral - but he has suggested that he would run if asked.

Two questions about Jimly's candidacy spring to mind. First, is Jimly visible enough to win the primary? His reputation as chief justice was nearly impeccable, but he has not been on the court for almost 5 years. Moreover, the average Indonesian voter during his term (2003-2008) knew very little about the Constitutional Court. Second, what would Jimly's constituencies be? Would he appeal to technocrats or progressives? Unlike Mahfud, it's not clear Jimly has built-in support amongst Islamic groups.

Of course, it's still early to speculate. One possibility is that Jimly uses the primary to demonstrate his electoral strength, even he does not win outright. This could lead to a vice-presidential nomination. He also has time to build his political base for the 2019 elections if need be - after all, he is only 56 years old!

Is ATCA dead? (Myanmar/Burma)

I have published a short review of John T. Dale's Free Burma in the Journal of World-Systems Research. Dale's book explores the implications of transnational human rights litigation, focusing on the case that Burmese rights groups filed against UNOCAL under the Alien Tort Claims Act (ATCA).

One of my questions about the book is whether ATCA suits represent a viable tool for human rights advocates. According to the U.S. Supreme Court, probably not. In Kiobel v. Royal Dutch Petroleum Co., the majority, led by Chief Justice Roberts, declared that there should be a "presumption against extraterritoriality" in the application of the law. While this doesn't bar future ATCA suits - and EarthRights notes the decision does not bar all ATCA suits against corporations - it certainly will discourage lower court judges from admitting them.

Survey says... judicial corruption is still a problem (Indonesia)

My past few posts about Indonesia have mentioned surveys about corruption and the extent of the problem. A new survey by the Indonesian Legal Roundtable suggests that the judiciary's reputation remains low - amongst the lowest of all government institutions in the country. According to ILR, only 23% of respondents believed judges could not be bribed. 32% believed that businessmen could easily influence the judiciary, while 30% believed political parties could influence the judiciary.

Of course, perception doesn't always equal reality. These results don't necessarily tell us the extent of corruption in the judiciary. However, courts do rely upon public opinion for institutional support and depend upon citizens to file cases. With such low confidence ratings, there's a real risk that, rather than spurring judicial reforms, dissatisfaction with the courts will spur apathy.

For the record, ILR does not mention the Mahkamah Konstitusi and it appears most Indonesians don't immediately think of the MK when asked to evaluate "the judiciary." The latest polls I've seen about the MK (still several years old) suggest that a majority of people have confidence in the court, but large numbers of people still aren't fully aware of it or what it does.

For a summary of ILR's findings, see this Jakarta Post article. For an executive summary of the survey results, see here.

Rule of law? (Indonesia)

In a rather frightening new survey, Lembaga Survei Indonesia has that 57% of Indonesians are increasingly dissatisfied with law enforcement in the country. A shocking 31% said that they would take justice into their own hands - in short vigilantism. LSI researcher Dewi Arum explains the results as follows:

Dewi attributed growing dissatisfaction to several factors. Firstly, low public confidence that law enforcement officers would act fairly, with the majority of respondents believing law enforcement officers in Indonesia could easily be persuaded to accommodate vested interests.

Secondly, many politicians, ministers and government officials are involved in corruption cases. Thirdly, the tacit acceptance of mass riots by law enforcers, such as attacks against Ahmadis and Shia followers.

The final factor is weak national leadership in upholding the law consistently. Dewi said that people close to Yudhoyono had committed corruption despite the president’s anti-graft statements.

Perhaps even more surprisingly, 48% of respondents also said that defendants should be prosecuted in accordance with the law, presumably including criminal procedural rights. What isn't clear is if the remaining 52% believe criminal procedural rights actively hamper law enforcement. The LSI survey results do suggest that a primary concern is bias in enforcement.

The results could help the presidential candidacy of Subianto Prabowo, who has portrayed himself as a "strong" leader who could crack down on crime and get stuff done. However, Prabowo's support, while not inconsiderable, seems capped at around 20%. It does seem clear that law enforcement will be a central issue on the minds of voters during the 2014 elections. Less clear is whether the candidates will address their concerns.