7 - Indonesia’s Anti-corruption Courts and the Persistence of Judicial Culture

Summary

Indonesia has long been notorious for having very high levels of public sector corruption. Two key institutions were established after Soeharto: the Anti-corruption Courts (ACCs) and the Anti-corruption Commission (Komisi Pemberantasan Korupsi or KPK). This chapter discusses the background to the establishment of the ACCs, the statutory powers they have been granted, their functions and workings and their place within the broader judicial system. The KPK investigates and prosecutes many of the cases the ACCs decide. As this chapter demonstrates, the legal and institutional framework within which the ACC initially operated in 2003 have since undergone significant change – most notably, the establishment of thirty-three new ACCs, so that all Indonesian provincial capitals now have one. This has brought real challenges to the way that the ACCs function that have significant potential to undermine their future efficacy. I conclude by discussing how these courts have been shaped, and themselves shape, judicial culture in Indonesia.