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Indonesian Judiciary During the Pandemic: Staying Afloat on Troubled Water

Year of Publication: 2021
Month of Publication: 12
Author(s): Linda Yanti Sulistiawati
Research Area(s): Indonesian Law
Name of Working Paper Series:

NUS Law Working Paper No. 2021/024

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

WPS Paper Number: APCEL-WPS-2105
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. After some delay, Indonesia finally enacted the Contiguous Disease Law and the Health Law in 2020 to implement public health measures 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.