Analysis of the role of courts in shaping access to justice in Indonesia has emphasised the role of judges and the incentives created for them by courts' institutional design. Alternatively, it has focused on individual justice-seekers and their capacities to choose between alternative pathways through the legal repertoire. In this paper, we suggest that 'support structures for legal mobilisation' (SSLMs) have also played an important role in shaping access to justice by influencing both the potential for legal mobilisation and the type of justice sought. In making this argument, we focus on a recent Constitutional Court case on 'international standard schools'. In this case, a group of parents were able to mobilise for legal action only because NGOs provided the required technical expertise and financial resources while the central involvement of an anticorruption NGO in the SSLM shifted the focus from parents' concerns about discrimination to corruption.
Access to courts in Indonesia is remarkably low. An estimated 90 per cent of disputes are handled through informal mechanisms (World Bank, 2008;Clark and Stephens, 2011), raising doubts about whether there is any prospect of the reach and efficacy of Indonesian law ever being expanded to facilitate judicial protection of human rights and the rights of women. This article considers this issue and places it in the context of a number of other factors, such as the critique of human rights as a western import and the influence of the state, Islam and feminism on women's rights in Indonesia. Given gender relations in the current political and legal environment, I argue that "support structures for legal mobilisation" (SSLMs) provide a crucial link to the community that enables the exercise of women's rights. The article focuses on the example of one such SSLM. PEKKA is a national NGO that leverages international support in its efforts to empower women and facilitate access to courts -including religious courts, which determine access to government social safety nets and many other entitlements for many Indonesian women and their families.
Gambling is fantastically popular among Ngadha people on the island of Flores in eastern Indonesia. The White Coupon lottery, cards, cockfights and board games are ubiquitous, providing a socially acceptable medium through which to use and circulate cash. However, gambling as an economic activity does not sit well with development paradigms of the Indonesian State, Catholic Church or foreign‐aid agencies. Cast as greedy and wasteful, gambling evokes images of lazy and nefarious characters. Yet for Flores players who oscillate between agricultural subsistence, sporadic wage labour and a market economy, gambling is a viable economic strategy. This was eloquently explained to me by a Ngadha gambler, who said ‘plant one seed and you may get ten beans, bet Rp1000 you may get Rp10 000 back.’ This enticing logic articulates the rationale for framing gambling as one of a raft of economic activities, albeit illegal, in this relatively remote rural location.
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