Events

CHAIRPERSON

Dr Michelle Miller, Asia Research Institute, National University of Singapore. 

ABSTRACT

This paper explores the avenues for legal review of government action in Indonesia in relation to religious conflict. A key aspect of the transition to democracy since 1998 has been reforms to ensure government agencies and officials are held accountable for the power they exercise over individuals and society. This has included the strengthening of existing mechanisms of review, such as the National Human Rights Commission, as well as the introduction of a wide range of other non-judicial avenues including the Office of the Ombudsman, the Corruption Eradication Commission and the Information Commission under the Law on Freedom of Information.

This paper will first examine how aggrieved religious communities have used non-judicial mechanisms in an attempt to keep state institutions and officials accountable. The investigations conducted by these institutions have not resolved disputes, partly because of the non-binding nature of the recommendations, and the only other legal option for complainants has been to take court action. One of the central institutions that has initiated cases for review of executive action in the Administrative Court, or judicial review of government regulations in the Supreme Court, on issues of religious sensitivity is the Indonesian Legal Aid Foundation (LBH). The only applicants who have been successful in the court room are churches disputing the cancellation of a permit, yet this has meant little on the street as local government authorities remain unwilling to enforce such decisions.

This paper will explore these dynamics and the confusion that has resulted over the role of judicial and non-judicial institutions in promoting accountability and good governance. The failure of local authorities to implement court decisions has led some religious groups back to the media and to institutions such as the Ombudsman, even though it is designed to be used prior to court action, not to enforce court decisions. Disillusionment with the legal process has forced aggrieved religious communities to continue negotiations, as the courts ultimately do not determine the outcome of such disputes.

ABOUT THE SPEAKER

Melissa Crouch is a Postdoctoral Fellow at the Law Faculty, the National University of Singapore. In July-August 2012, she was a Visiting Fellow at the International Institute of Asian Studies, the Netherlands. She obtained her PhD at the Melbourne Law School, the University of Melbourne. Melissa’s work has been published in journals such as the Sydney Law Review, Asian Studies Review, Asian Journal of Comparative Law and the Singapore Journal of Legal Studies. She is one of the Editors of the Australian Journal of Asian Law.

REGISTRATION

Admission is free. We would greatly appreciate if you RSVP Mr Jonathan Lee via email: jonathan.lee@nus.edu.sg