Indonesian Judiciary During the Pandemic: Staying Afloat on Troubled Water

NUS Law Working Paper No. 2021/024

NUS Asia-Pacific Centre for Environment Law Working Paper 21/05

29 Pages Posted: 24 Dec 2021 Last revised: 29 Dec 2021

See all articles by Linda Yanti Sulistiawati

Linda Yanti Sulistiawati

National University of Singapore (NUS) - Centre for Environmental Law

Date Written: December 7, 2021

Abstract

Indonesia is an archipelago of 17,000 islands and the fourth most populated country in the world with 270 million people. The country is by default a logistical nightmare, even prior to the pandemic. In 2020, Indonesia decided to use the already existing Contagious Disease Law and the Health Law instead of invoking the National Emergency Law to manage the virus spread. The courts in Indonesia have also been faced with challenges due to the pandemic. Due to the many quarantine regulations, only hybrid or fully online court proceedings may be organized. For some courts in rural areas, this presents a major challenge as their internet infrastructure is either lacking or non-existent, and keeping to regular court proceedings would contravene regulations and put health at risk. Against this backdrop, how has Indonesian jurisprudence developed during the pandemic? What are the major issues that are discussed in court in relation to Covid-19? This paper aims to answer these questions in a descriptive and analytical method based on data available. Finally, the paper concludes with suggestions that may assist the Indonesian judiciary during this pandemic.

Keywords: Indonesia, Judiciary, Judicial Review, COVID 19, Pandemic

Suggested Citation

Sulistiawati, Linda Yanti, Indonesian Judiciary During the Pandemic: Staying Afloat on Troubled Water (December 7, 2021). NUS Law Working Paper No. 2021/024, NUS Asia-Pacific Centre for Environment Law Working Paper 21/05, Available at SSRN: https://ssrn.com/abstract=3991410 or http://dx.doi.org/10.2139/ssrn.3991410

Linda Yanti Sulistiawati (Contact Author)

National University of Singapore (NUS) - Centre for Environmental Law ( email )

Singapore

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