ALSA 2025 meeting

Historical perspective of the weak Indonesian judiciary: Career of Judges in the Dutch East Indie and Indonesia
2025-12-12 , Room03

Despite the series of internal and external efforts toward judicial reform in Indonesia since the end of the authoritarian regime, concerns remain regarding the quality, efficiency, and institutional credibility of its courts. This paper examines the root cause of these persistent challenges by focusing on the appointment and promotion of judges from the colonial era to the present.

For the colonial period, the study utilizes the Regerings-Almanak Nederlandsch-Indië (East Indies Government Almanac), a publication of the Dutch colonial administration that listed the names and positions of judges and administrators, and relevant regulations issued by the colonial government. By systematically comparing annual editions of the Almanac, the research constructs longitudinal data to trace individual career trajectories and institutional patterns within the judiciary.

For the post-independence period, the analysis draws on data from the periodicals of the Indonesian Judges Association (Ikatan Hakim Indonesia, IKAHI) and relevant regulations issued by the Ministry of Justice. These sources provide insight into the institutional logic and bureaucratic constraints influencing judicial appointments and career paths of ordinary judges in contemporary Indonesia.

By integrating historical and contemporary data, this paper identifies long-standing structural factors that have hindered the judiciary’s ability to consolidate its authority and legitimacy within the Indonesian state, especially at the district level. It concludes by outlining key challenges and potential directions for meaningful judicial reform.


Affiliation:

Graduate School of International Development, Nagoya University

Role in the Panel:

Paper Presenter