Legal aid movement and the defense of constitutionalism in Indonesia

• Main Authors: Wiratraman, Herlambang P., Herwati, Siti Rakhma Mary
• Other Authors: Asian constitutional law recent developments and trends : Vietnam, Hanoi, 6th and 7th December 2019. Volume 1
• Format: Other Conference or Workshop Item
• Language: Vietnamese
• Published: Đại học Quốc Gia Hà Nội 2020
• Subjects: Legal Aid Institution; Indonesia
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94744
• Institution: Vietnam National University, Hanoi

Legal Aid Institution (LBH) has become a strategic organisation in Indonesia’s democracy and social justice. The idea of structural legal aid has been strongly influencing, not merely litigation at judiciary system, but also become part of social movement entity (Wiratraman, 2017). LBH has tried to use the Constitutional Court as a tool to change the laws and policies, in order to protect and fulfil fundamental rights. In this regard, LBH actually has been promoting constitutionalism foundations for the country, through defending victims, or those who most of affected communities and vulnerable minorities. By taking judicial review cases at the Constitutional Court, especially dealing with laws which allow excessive exploitation of natural resources, the law on religiosity, the law on decency, this paper addresses three key questions. First, how have the constitutionalism and anticonstitutionalism been shaped in Indonesia’s 20 years post Suharto? Second, how has LBH been playing a role in defending constitutional justice, through constitutional court and its legal politics? Third, to what extent has LBH’s defense been successful and meaningfully shaping Indonesia’s constitutionalism? This paper would use interdisciplinary studies of law analysis for building a more comprehensive argument.