The establishment of the Anti-Corruption Court after Indonesia’s Reformation is a manifestation of hope for a better anti-corruption law enforcement in Indonesia. This court was established through Law No. 30 Year 2002 concerning Commission for the Eradication of Criminal Acts of Corruption. With its specialties such as the existence of ad hoc judges, the specialization of the KPK as the sole prosecutor, and by making Central Jakarta District Court as the only court under which the Anti-Corruption Court was existed, the Anti-Corruption Court was expected to optimally carry out its functions in supporting efforts to eradicate corruption.
Several years after the establishment of the Anti-Corruption Court, the Constitutional Court decided case No. 012-016-019/PUU-IV/2006 which impacted on the enactment of Law No. 46 Year 2009 concerning Anti-Corruption Court that made several significant changes. Several changes as mandated by the law include, among others, the Anti-Corruption Courts are now spread throughout the provinces, cases handled by both the KPK and the Attorney General’s Office can now be adjudicated, and the Chairman of the Assembly of Judges is now given discretion to determine the number of ad hoc judges within the assembly.
Studies and writings discussing the condition of the Anti-Corruption Court have been widely found, but none has comprehensively discussed it from an institutional perspective. Therefore, in 2020, Indonesian Institute for Independent Judiciary (Lembaga Kajian dan Advokasi Independensi Peradilan-LeIP) together with the East West Center (EWC) conducted research which aims to evaluating the performance and identifying the problems currently faced by the Anti-Corruption Court in Indonesia in order to encourage the strengthening of its functions and performance in the future.
This research was conducted by reviewing available literature and regulations, the results of observations at several Anti-Corruption Courts, interviews and focus group discussions with relevant stakeholders, as well as indexation of 941 decisions on corruption cases. Several important aspects of the Anti-Corruption Court are highlighted in this study, such as the arrangements in its legal framework, the roles and conditions of ad hoc judges and career judges, institutional support at the Anti-Corruption Court, and the conditions of the adjudication process.
The Research Team found that inefficiencies have occurred in various aspects of the Anti-Corruption Court which requires a strategic and systematic resolution. The recommendations that are formulated in this study are based on the findings of these problem indications. The Research Team suggests that there is a need for reform in the management of the Anti-Corruption Court’s organization so it can effectively support the handling of cases. More attention also needs to be paid to the human resource management at the Anti-Corruption Court, from the recruitment and education until the placement of personnel, one of the solutions that can be taken is to implement a detasering system that will be described further in this study.
By using a different approach, it is hoped that the results of this research will help to improve the existing studies on the Anti-Corruption Court. Moreover, the findings and recommendations provided through this study are expected to be able to strengthen the function and performance of the Anti-Corruption Court in carrying out its role and fulfilling the expectations bestowed upon it. Thus, the gap between people’s expectations and the reality of the Anti-Corruption Court will no longer be widen.
Download e-Book :