A delegation from Indonesia’s Audit Board and Supreme Court visited NCHR in Oslo on 23-25 October. The administrative courts in Indonesia deal with cases where the activities of the state is disputed, for example cases concerning tax, or the issuance of operating permits to corporations. The human rights conventions that Indonesia is committed to are particularly relevant for administrative courts.
The importance of the audit
The blueprint for Indonesian Justice Reform 2010-2035 identifies various challenges faced by the Supreme Court that must receive special attention. This includes legal certainty, as well as quality and consistency of decisions. The length of the litigating process is another challenge. A lack of understanding of justice seekers and court users regarding procedures, documents, and requirements needed has also been identified as a challenge, in addition to a low level of public trust in the judiciary.
All these challenges can have serious human rights implications related to Rule of Law. For example, lack of legal certainty undermines the right to equality before the courts (ref art 14 ICCPR). Judgements of low quality may fail to deliver substantive justice, including in cases where human rights are at stake.
Ideally, the audit of Indonesia’s administrative courts should come up with findings relevant to the challenges they face, while securing objective recommendations that are not undermining the independence of the judiciary, The Indonesian delegation was therefore eager to learn from other contexts.
Tailored programme for a short visit
In Oslo, the Indonesian Delegation met with the Norwegian Auditor General, the Supreme Court, Oslo District Court, The Court Administration, and the Intosai (International Organisation of Supreme Audit Institutions) Development Initiative, as well as NCHR and the University of Oslo. NCHR facilitated meetings with these institutions, while expenses were covered by Indonesia.
NCHR has worked directly with Indonesian Courts for many years, however, this was the first time NCHR engaged with Indonesia’s Audit Board. In 2022, The Indonesian Supreme Court and NCHR signed a Memorandum of Understanding, aiming to improve knowledge and application of international human rights standards within the Indonesian judiciary.