Universiteit Leiden

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Research project

Promoting Legal Certainty and Increasing Judicial Skills in Selected Areas

How can the legal and socio-legal research skills of Indonesian jurists be increased in order to promote legal certainty and to strengthen the capacity of the judicial training in the country?

2015 - 2016
Adriaan Bedner
The Rule of Law Program of the Embassy of the Kingdom of the Netherlands in Jakarta

The Center for International Legal Cooperation 
The Indonesian Institute for Independent Judiciary

The project is a sub-component of the Judicial Sector Support Program (JSSP) that is administered by the Center for International Legal Cooperation (CILC) in the Netherlands and the Indonesian Institute for Independent Judiciary (LeIP) in Indonesia, to further strengthen the Rule of Law. In doing so, JSSP supports the cooperation between key legal institutions in two countries, including the training institutes, the Supreme Courts, and the Judicial Councils, with emphasis on the improvement of the judicial and prosecutorial training capacity, the enhancement of the chamber system, and the modernization of the court budget formulation mechanism.

The specific role of the Van Vollenhoven Institute (VVI) within the framework of JSSP is to oversee the development of explanatory documents or the so-called ‘restatements’ and the follow-up socio-legal research. It falls into the Judicial Training component and is intended to provide the judicial training institute with a number of documents on particular legal topics based on the doctrinal analysis of all legal sources available. The other parts of the component are dealing with the management capacity of the training institute and the didactical skills of its trainers. In addition, the project will add two (empirical) research and policy notes following the result of the legal doctrinal analyses.

In the meantime, three topics have been selected through a number of interviews and discussions with Indonesian jurists: (1) the general principles of good governance, (2) the good faith purchaser of a land, and (3) the unlawfulness as an aspect of the corruption offence. Different (specific) research questions are being addressed within each of these topics. 

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