The Australian Government
has been providing support for the legal and justice sector in Indonesia for
more than 10 years. In 2011, Australia Indonesia Partnership for Justice (AIPJ)
started a five-year new program.
Entering the third implementation year, AIPJ focuses on the effort to “Fulfilling Rights,” which has been defined to include the rights to obtain legal identity (birth certificate, marriage certificate and divorce certificate), to be judged by a fair, clean and accessible court system and to obtain information (about legal proceeding).
In 2003, the Supreme Court developed a comprehensive blue print for reform of the court system with assistance from members of civil society. A Judicial Reform Team (‘JRT’) appointed by the Honourable Chief Justice was established to ensure the implementation of the reform blueprint. In accordance with SK KMA No.194/KMA/SK/XI/2014, the organizational structure of the JRT comprises the Steering Committee, an Advisory Team, Coordinators, and Working Groups.
Since 2006 Australian Government has been supporting the court to court partnership in reforming case management. In 2012, several officials of the Mahkamah Agung attended visit study to the Federal Court of Australia in accordance to case management business process re-engineering in the Mahkamah Agung. Those officials are grouped under the BPR Working Group assigned by the Coordinator of The Judicial Reform Team. The Working Group has managed the identification of problems/issues within the existing case management and found its solution or recommendation.
Several ideas and recommendations related to the case management business process re-engineering (BPR) has been implemented during 2013 and 2014, i.e.: Chief Justice Decree No.119/2013 relating to new system of case examination, MA Circular Letter No.1/2014 relating to the electronic document of case file, case file stock opname/case file audit, CJ Decree No.215/2014 relating to the time limitation of case handling. By the end 2014 those initiatives considered successful indicated by reduced case back log.
Another BPR agenda that has not been implemented is re-engineer the petition of fatwa and grasi (clemency) handling procedure. By the Constitution and the law, Mahkamah Agung has authority to give recommendation related law question to another State Organ, i.e.: local government, Election Supervision Body, Ministry of State, Ministry of Finance, etc. Mahkamah Agung also has authority to give consideration to the President in accordance of submission of clemency (grasi). Unlike case handling procedure that has been re-engineered as mentioned above, these two procedures conducted based on regulation enacted several years ago and still remains. Meanwhile public always demands more transparent and accountable procedure.
The BPR Working Group identified that either submission of fatwa and grasi is not registered under Registrar Book and would bring difficulty to control its handling progress. Another identification is case of dispute on adjudicate authority is not registered under the Registrar Book as well. Meanwhile UU Mahkamah Agung No.14/1985 stated that Supreme Court Registrar shall register it. The existing procedure considered less clear, has no time limitation, not integrated with case management system controlled by Registrar, not supported by information system and knowledge management as well. Thus recommended should be improved to gain more efficiency, effectiveness and accountable process based on this research/study.
AIPJ is looking for a consultant to explore opportunity and mapping possible re-engineered process on fatwa, grasi and dispute on adjudicate authority handling procedure.
Further information on the opportunities can be accessed in: HERE.
Entering the third implementation year, AIPJ focuses on the effort to “Fulfilling Rights,” which has been defined to include the rights to obtain legal identity (birth certificate, marriage certificate and divorce certificate), to be judged by a fair, clean and accessible court system and to obtain information (about legal proceeding).
In 2003, the Supreme Court developed a comprehensive blue print for reform of the court system with assistance from members of civil society. A Judicial Reform Team (‘JRT’) appointed by the Honourable Chief Justice was established to ensure the implementation of the reform blueprint. In accordance with SK KMA No.194/KMA/SK/XI/2014, the organizational structure of the JRT comprises the Steering Committee, an Advisory Team, Coordinators, and Working Groups.
Since 2006 Australian Government has been supporting the court to court partnership in reforming case management. In 2012, several officials of the Mahkamah Agung attended visit study to the Federal Court of Australia in accordance to case management business process re-engineering in the Mahkamah Agung. Those officials are grouped under the BPR Working Group assigned by the Coordinator of The Judicial Reform Team. The Working Group has managed the identification of problems/issues within the existing case management and found its solution or recommendation.
Several ideas and recommendations related to the case management business process re-engineering (BPR) has been implemented during 2013 and 2014, i.e.: Chief Justice Decree No.119/2013 relating to new system of case examination, MA Circular Letter No.1/2014 relating to the electronic document of case file, case file stock opname/case file audit, CJ Decree No.215/2014 relating to the time limitation of case handling. By the end 2014 those initiatives considered successful indicated by reduced case back log.
Another BPR agenda that has not been implemented is re-engineer the petition of fatwa and grasi (clemency) handling procedure. By the Constitution and the law, Mahkamah Agung has authority to give recommendation related law question to another State Organ, i.e.: local government, Election Supervision Body, Ministry of State, Ministry of Finance, etc. Mahkamah Agung also has authority to give consideration to the President in accordance of submission of clemency (grasi). Unlike case handling procedure that has been re-engineered as mentioned above, these two procedures conducted based on regulation enacted several years ago and still remains. Meanwhile public always demands more transparent and accountable procedure.
The BPR Working Group identified that either submission of fatwa and grasi is not registered under Registrar Book and would bring difficulty to control its handling progress. Another identification is case of dispute on adjudicate authority is not registered under the Registrar Book as well. Meanwhile UU Mahkamah Agung No.14/1985 stated that Supreme Court Registrar shall register it. The existing procedure considered less clear, has no time limitation, not integrated with case management system controlled by Registrar, not supported by information system and knowledge management as well. Thus recommended should be improved to gain more efficiency, effectiveness and accountable process based on this research/study.
AIPJ is looking for a consultant to explore opportunity and mapping possible re-engineered process on fatwa, grasi and dispute on adjudicate authority handling procedure.
Further information on the opportunities can be accessed in: HERE.
Closing date 01.00 PM, 11 March 2015.
Australia
Indonesia Partnership for Justice (AIPJ)
17th floor, International Financial Centre (IFC) Building
Jl. Jend Sudirman Kav. 22-23
Jakarta 12920 - Indonesia
17th floor, International Financial Centre (IFC) Building
Jl. Jend Sudirman Kav. 22-23
Jakarta 12920 - Indonesia
Our
mailing address is: grants.contracts@aipj.or.id