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Meeting needs for justice: Overcoming graft, identity
In the 2014-2015 My World poll, of almost eight million citizens from around the world, âan honest and responsive governmentâ rated as the fourth highest priority of the 16 most common responses
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n the 2014-2015 My World poll, of almost eight million citizens from around the world, 'an honest and responsive government' rated as the fourth highest priority of the 16 most common responses. Nearly 40,000 Indonesians took the same poll, and it rose to third on the list of priorities. There is a clear demand from the Indonesian citizenry for judicial institutions ' like laws, the courts and the police ' that can provide safety, justice and fairness at all levels.
These citizens are on to something. Economic development and prosperity are intimately tied to justice, from establishing and enforcing property rights, accessing state services to securing health and safety. And yet, the UN estimates that nearly four billion people do not have adequate access to the law, which imperils individual freedom and economic development.
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Corruption is an ongoing challenge, as is the lack of understanding among the general citizenry of their basic legal rights.
As the Millennium Development Goals come to a close this December, the international community will soon agree to their successors: The Sustainable Development Goals (SDGs). Recently Indonesia, along with 192 other countries, agreed to a document outlining the 17 new SDGs in anticipation of broad approval at the UN General Assembly late next month. Among the six guiding principles for the new SDGs is the theme of justice.
SDG No. 16 reads 'Promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels'. Its principles include promoting the rule of law and access to justice, increasing transparency and reducing corruption, and providing legal identities for all by 2030.
These principles are reflective of the new SDG framework, which is grounded in human rights. They are also consistent with the conclusions of the 2013 'UN New Global Partnership Report' by the former high level panel comprising former president Susilo Bambang Yudhoyono, Liberian President Ellen Johnson Sirleaf and UK Prime Minister David Cameron.
Indonesia has made initial strides toward a national access to justice strategy with the 2011 Legal Aid Law, which provides reimbursement to legal aid organizations representing poor clients. However, access to justice remains a challenge. Recent research by Commission for Missing Persons and Victims of Violence (Kontras) shows that the police and the offices of prosecutors lack knowledge and a legal basis to enhance access to justice for the poor.
As in other social provisions, the expense, availability and quality of services vary greatly across the diverse archipelago. There is an unmet need for lawyers, judges and paralegals, as well as a lack of understanding of legal rights and services among much of the population. Corruption is an ongoing challenge, as is the lack of understanding among the general citizenry of their basic legal rights. This is compounded by an increasing lack of trust in the legal system, the police and the courts.
Moreover, many Indonesians lack a legal identity, an essential precondition for accessing a range of social services. A 2012-2013 survey found that in the poorest 30 percent of Indonesian households, almost nine in 10 Indonesians over the age of 18 did not have a birth certificate.
President Joko 'Jokowi' Widodo recently appointed new Cabinet ministers amid concerns about an economic slowdown. At its core, a nation's economic development depends on the productivity of its citizens, many of whom face significant legal barriers to leading just and productive lives.
Making a firm commitment to the SDGs at the UN General Assembly meeting next month, including on critical access to justice issues, will show Indonesia is ready to lead on sustainable development for all.
This is a necessary initial step that should be accompanied by local efforts to develop the capacity of legal officers, reform the criminal code (especially criminal proceedings), and develop more political space for broader participation. Economic growth and development will be continually hampered if Indonesia does not secure justice and human rights for its citizens.
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Haris Azhar is coordinator of the independent Commission for Missing Persons and Victims of Violence (Kontras) in Jakarta. Dustin Palmer is a graduate student at Princeton University and an intern at Kontras.
