Forging the Middle Ground : Engaging Non-state Justice in Indonesia
The objective of this research was to document the workings of non-state justice at the village level, with a particular focus on social inclusion and the perspectives of the marginalized. The paper also sought to understand the dynamics of change...
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| Format: | Report |
| Language: | English |
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World Bank, Washington, DC
2018
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| Online Access: | http://documents.worldbank.org/curated/en/743501468040517610/Forging-the-middle-ground-engaging-non-state-justice-in-Indonesia http://hdl.handle.net/10986/30534 |
| Summary: | The objective of this research was to
document the workings of non-state justice at the village
level, with a particular focus on social inclusion and the
perspectives of the marginalized. The paper also sought to
understand the dynamics of change and how to translate them
into a framework that embraces the strengths and addresses
some of the shortcomings of non-state justice. It draws on
34 ethnographic case studies collected from five provinces
in Indonesia over an eighteen month period and quantitative
survey data from the 2006 Governance and Decentralization
Survey. This paper will help to expand understanding of the
complex and varied processes of non-state justice and thus
help policy makers find new ways of building an effective
legal and judicial system accessible by all Indonesians.
This paper proposes a framework for forging a meaningful
middle ground between the current practices of non-state
justice and the formal justice system. This approach seeks
to marry the social accessibility, authority and legitimacy
of informal processes with accountability to the community
and the state. This middle ground attempts to accommodate
different socio-cultural contexts, customs and habits but at
the same time introduces common principles to protect the marginalized. |
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