Aristo Pangaribuan. “Navigating an Authoritarian Landscape: Criminal procedure and Defence Lawyers in Indonesia.” Australian Journal of Asian Law, vol. 25, no. 2 (2024): 63-84.
This article examines the challenges faced by defense lawyers operating within Indonesia’s authoritarian legal system. Using personal experience, interviews, and comparative academic literature, it reveals how authoritarian logic—especially as codified in the 1981 Code of Criminal Procedure (KUHAP)—severely restricts the role and professional autonomy of defense lawyers. The article highlights both legal and extra-legal pressures, including the threat of criminal charges against lawyers merely for fulfilling their professional duties. It also analyzes how Indonesian defense lawyers adapt their strategies to survive within this constrained environment, while reflecting on the consequences of these adaptations for the lawyers themselves and the broader legal system. The piece concludes by stressing the urgent need for legal reform and the complexities involved in dismantling entrenched authoritarian structures.