Sixth Issue Vol. 3 No. 2

International Journal For Court Administration Vol. 3 No. 2 Sixth Issue ISSN 2156-7964 Photo courtesy of Ben Hsu Klungkung Court of Justice Kertha Gosa Pavilion Bali, Indonesia The Official Publication of the International Association For Court Administration www.iaca.ws International Journal For Court Administration International Association IJCA is an electronic journal published on the IACA website (www.iaca.ws). As its name suggests, IJCA focuses on contemporary court administration and management. Its scope For Court Administration is international, and the Editors welcome submissions from court officials, judges, justice OFFICERS ministry officials, academics and others whose professional work and interests lie in the practical aspects of the effective administration of justice. Jeffrey A. Apperson President Richard Foster Markus Zimmer Philip Langbroek Executive Editor Managing Editor Executive Vice President [email protected] [email protected] Sheryl L. Loesch Executive Director Linda Wade-Bahr Tina Brecelj Technical Editor Vice President Europe Editorial Board IACA Journal Pam Ryder-Lahey Vice President Pim Albers, CEPEJ of the Council of Europe, Strassbourg North America Jeffrey A. Apperson, International Division, National Center for State Courts, USA Vladimir Freitas Marc Dubuisson, International Criminal Court, The Hague, The Netherlands Vice President Marco Fabri, National Research Council, Research Institute on Judicial Systems, South America Bologna, Italy Collin Ijoma, Vladimir Freitas, Tribunal Federal a4a Regieo, Ret., Brazil Vice President Fan Mingzhi, Shandong District Court, China Africa Luis M. Palma, General Coordinator, National Commission of Judicial Management Mark Beer (Supreme Court of Justice, Argentina) Vice President Medhat Ramadan, Law Faculty, University of Cairo, Egypt Middle East Johannes Riedel, president Cologne higher regional court, Germany Cathy Hiuser Marcus Reinkensmeyer, Court Administrator, Maricopa County Superior Court in Vice President Phoenix, Arizona, USA International Associations Anne Wallace, University of Canberra, Australia Hon. Eldar Mammadov Beth Wiggins, Federal Judicial Center, USA Vice President Andrew Phelan, Chief Executive & Principal Registrar, High Court of Australia Central Asia James E. (Jim) McMillan, Director - Court Technology Laboratory, National Center for State Charles Glenn Courts, USA Chief Financial Officer Noel Doherty Treasurer Linda Wade-Bahr Chief Technology Officer Jessica Lyublanovits Membership Officer Philip M. Langbroek Managing Journal Editor Julia Ricketts Secretary The International Journal For Court Administration is an initiative of IACA's Executive Board and its diverse membership. The Journal is an effective communications ADVISORY COUNCIL vehicle for the international exchange of experiences, ideas and information on court management, and contributes to improving the administration of justice in all Markus B. Zimmer, Chair Founding President of IACA countries. The collective international experience of its Executive Board and Editors Hon. Charles Case has been that every judicial system, even in countries in the earlier stages of U.S. Bankruptcy Court, USA transition, has elements to it that may be of interest to others. The variations in Hon. Judith Chirlin practice and procedure from one region of the world to another, from one court Superior Court Judge, Ret., USA system to another, also reveal major similarities across all systems. IJCA serves as a Hon. Lawal Hassan Gummi resource for justice system professionals interested in learning about new and High Court of the Federal Capital innovative practices in court and justice system administration and management, in Territory, Abuja, Nigeria common law, continental, and Shari'ah-based legal systems throughout the world. Hon. Paul Magnuson The editors publish two issues per year. U.S. District Court, USA Hon. Karim Pharon The Editors welcome submissions from court officials, judges, justice ministry officials, Justice of the Supreme Court, Abu Dhabi academics and others whose professional work and interests lie in the practical Hon. Louisa Porter aspects of the effective administration of justice. To view the Editorial Policy and U.S. District Court, USA Procedures for Submission of Manuscript and Guidelines for Authors, visit the IACA Gregory Reinhardt website (www.iaca.ws) and chose IACA Journal. Australian Institute of Court Administrators, Australia Hon. Irina Reshetnikova The Journal accepts advertising from businesses, organizations, and others relating to Arbitrazh Court, Russia court and justice systems by way of services, equipment, conferences, etc. For rates, Hon.Charles R. Simpson III standards, and formats, please contact one of the editors. U.S. District Court, USA Hon. Ales Zalar Minister of Justice, Slovenia In this issue: From the Executive Editor By Markus Zimmer From the Managing Editor: Courts and Judges and the Media By Philip M. Langbroek On behalf of IACA, I extend from Jakarta warm …………………………………… 1 greetings to IACA’s members and friends throughout the world. This past month, in cooperation and with generous support from the What do the European Judges Supreme Court of Indonesia and the Federal Family Strive for - An Empirical Court of Australia, IACA co-sponsored its first Asia- Assessment Pacific regional conference in Bogar, Indonesia. All By Katarina Zajc and Mitja Kovač conferees were honored by the Republic of ……………………………………3 Indonesia’s President, the Honorable Susilo Bambang Yudhoyono, who graciously opened the Conference at Bogor Palace. Conferees included The UK Supreme Court – A fine more than 200 participants from 19 Asia-Pacific new Vintage, or just a smart new countries, representing 40 jurisdictions, who met to exchange information and Label on a dusty old Bottle? experience in how to maximize public access to courts and the services they By Gavin Drewry provide. ……………………………...…... 20 The Republic of Indonesia declared its independence after three and a half centuries of Dutch colonialist rule based on a two-tiered supremacist government Digital Technology Leading the framework. During World War II, the Japanese invaded, ending Dutch Way in Court Recording domination and instituting a short-lived repressive wartime regime. Eventually, (Advertorial) both invading powers withdrew, and in 1945, the independent Republic of By For The Record Indonesia was born. Understanding IT for Dispute From the perspectives of sheer geographic complexity as well as cultural and linguistic diversity, Indonesia represents a difficult constellation of challenges in Resolution the disciplines of economic development, political governance and civil society. By Dory Reiling Its archipelago of 17,508 islands, large and small, of which circa 6,000 are ……………………………………34 inhabited, stretches from the Pacific to the Indian Oceans with 55,000 kilometers of coastline. Combined, the islands reflect a land mass of nearly two-million Efficiency of the Judicial System in square kilometers supporting a population of 245 million speaking hundreds of Protecting Citizens against local dialects. Indonesia is the world’s largest Islamic country; its civil-law based court system embraces 343 trial- and intermediate-level appellate religious Administrative Judicial Acts: The courts exercising jurisdiction that includes elements of civil and Shari’ah law. Case of Macedonia Unique among Islamic countries, judges in the network of religious courts include By Natasa Pelivanova and Branko men and women. Indonesia’s Supreme Court adjudicates final appeals. Dimeski ……………………………………45 Indonesia’s islands include Bali whose population is predominantly Hindu and whose social culture is reflected in Kertha Gosa, the Hall of Justice which graces this IJCA Issue’s cover. Located in Klungkung, the Hall served as a forum to address issues relating to security, prosperity, and justice in the island Kingdom of Bali. The Candra Sengkala at the main entrance dates the Hall to 1700 A.D. During the feudal era, every year on the fourth full moon of Balinese Caka calendar, regional kings convened to take direction and guidance from Klungkung’s King. The Hall also welcomed foreigners intent on meeting the King. In 1908, Dutch soldiers conquered and instituted European rule in Klungkung, converting Kertha Gosa into court of justice utilizing a blend of European-based jurisprudence and local practice and culture. From the Managing Editor By Philip Langbroek Courts and Judges and the Media A recurring issue for courts is their public credibility and the trust the general public vests in the courts. Justice administration managers occasionally hold on to the idea that trust of the general public in the courts is something that can be steered by the courts and the courts’ management by organization development, and that public trust in the court will follow automatically as a consequence of those efforts. National and local organization- development programs like in France and the Netherlands have been set up in order to make the people believe that courts are good and delivering their state bound services well enough. This assumption has been proven wrong repeatedly again in different countries. Public trust in organizations fulfilling a state function can be an incredibly complex concept. What the courts do is of some importance, but what others say or report about courts is also relevant. Newspapers and television programs sometimes magnify single issues to radical proportions. Miscarriages of justice are

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