court reform

Muhammad A.S. Hikam

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C
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2
Country of Reform
Interviewers
Matthew Devlin
Name
Muhammad A.S. Hikam
Interviewee's Position
Senior Adviser
Interviewee's Organization
Kiroyan Kuhon Partners, consultants
Language
English
Nationality of Interviewee
Indonesian
Town/City
Jakarta
Country
Date of Interview
Reform Profile
Yes
Abstract

Muhammad A.S. Hikam describes constitutional and governance reforms and efforts to build a civil society in Indonesia since 1998. A member of the Hanura (People’s Conscience) political party, a former member of the Indonesian Parliament, and a former state minister for research and technology, he explains that prior to Indonesia’s financial crisis in 1988 and the collapse of the Suharto government, civil society in Indonesia was “corporatist”; that is, that except for the Nahdlatul Ulama (Islamic Scholars Awakening) Party, all civil society organizations and political parties were controlled by the state. In 1998, it was recognized that a strengthened civil society was the only avenue to challenge the overwhelming power of the state. The result was a flowering of as many as 100,000 civil society organizations and 38 political parties. However, nearly all came into being without the capacity or understanding to pursue their roles effectively. Many were based on ethnic or identity interests and did not know how to relate to the political life of the country. The challenge was to train civil and political society to find synergies between interests and needs. Without that, governmental reform has been, and will continue to be, a patchwork, he says. He discusses the successes and shortcomings of reforms in four principal areas: changing the constitution to reduce state domination, opening the political process to opposition parties, removing the military from politics and placing civilian control over the police and armed forces, and decentralizing government and ceding some autonomy to the regions. These efforts have proceeded without regard for capacity building, he says. As a result, poorer regions simply establish regional governments funded by the central government without developing their own capabilities. Hikam stresses that economic development is essential if regional autonomy is to work.    

Profile

At the time of this interview, Muhammad A.S. Hikam was a member of the Hanura (Hari Nurani Rakyat or People’s Conscience) political party and a senior adviser to the consulting firm of Kiroyan Kuhon Partners in Jakarta. He first joined the government in 1983 as a researcher with the Indonesian Institute of Sciences. From 1999 to 2001, he was minister for research and technology, and from 2004 to 2007 was a member of Parliament’s House of Representatives. He received his undergraduate education at Gadjah Mada University in 1981 and received master’s degrees in communications and political science and a Ph.D. in political science from the University of Hawaii in 1995.    

Full Audio File Size
83 MB
Full Audio Title
Muhammad A.S. Hikam - Full Interview

Kim Sedara

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K
Ref Batch Number
2
Country of Reform
Interviewers
Rohan Mukherjee
Name
Kim Sedara
Interviewee's Position
Senior Researcher
Interviewee's Organization
Cambodia Development Resource Institute
Language
English
Nationality of Interviewee
Cambodian
Town/City
Phnom Penh
Country
Date of Interview
Reform Profile
No
Abstract
Kim Sedara comments on international donors who try to import reforms and models of governance into Cambodia without understanding the need to take context into account. He suggests that the task is not to build a system from scratch, but to fix and cure the problems of existing institutions. Referring to the challenges of institution building in his home country, he notes that Cambodia “is still very much in a post-conflict stage.” From the early 1970s to 2009, Cambodia went through at least six major political regimes, leading to numerous “institutional interruptions,” making it very difficult for the state to be responsive and accountable to its citizens, he says. The first challenge was to provide security; the second, food; the third, re-integration of formerly warring factions. He states that a major problem had been a shortage of professional talent, and an educational system poorly designed to correct it. He believes that the rule of law can be achieved only if it is internalized by the population, and that takes time. Sedara says corruption cannot be controlled until people are able to feed themselves and their families from their legitimate earnings. He suggests targeting four major reform areas: courts, the military, administration and public finance. Decentralization and de-concentration are part of administrative reform. Citing a World Bank report, Sedara says that 45 percent of post-conflict societies fall back into civil war within five years of emerging from conflict. Cambodia avoided this fate, and Sedara says he is hopeful for the future.
Profile

At the time of this interview, Kim Sedara was a senior researcher at the Cambodia Development Resource Institute, an independent think tank in Phnom Penh. In 1994, he received a degree in archeology in Cambodia and another from the University of Hawaii in 1996. He won a 1998 Fulbright scholarship in 1998 and degrees in economics and political anthropology from the University of Illinois and Stanford. He earned a Ph.D. from Gothenburg University in Sweden in 2005. Sedara has written widely on issues of post-conflict reconstruction, elections, decentralization and deconcentration, and governance in Cambodia.

Full Audio File Size
43MB
Full Audio Title
Kim Sedara Interview

Thun Saray

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K
Ref Batch Number
11
Country of Reform
Interviewers
Rohan Mukherjee
Name
Thun Saray
Interviewee's Position
President
Interviewee's Organization
Cambodian Human Rights and Development Association
Language
English
Nationality of Interviewee
Cambodian
Town/City
Phnom Penh
Country
Date of Interview
Reform Profile
No
Abstract

Thun Saray describes, from the point of view of a human-rights activist, reforms needed to achieve social stability and economic progress in Cambodia. He says that, even though Cambodia has enjoyed some of the highest economic growth rates in its region and made progress on several fronts, direct foreign investment and general economic development has been deterred by failures to implement the constitution and the many laws. He suggests that a key problem was corruption and unfairness in the court system, a result of low salaries and political party control. He argues that many farmers were dislocated from their land as part of concessions to domestic and foreign investors. He asserts that military corruption and military-owned businesses contributed to widespread deforestation and that the military still acted in its own right without adequate civilian control. He adds that social stability and broadly-based economic development could be achieved only if the income gap between the powerful and powerless was closed and government became more accountable.    

Profile

At the time of this interview, Thun Saray was the founding president of the Cambodian Human Rights and Development Association, a non-governmental organization that, among other things, provides legal assistance to the poor. He was a political prisoner twice in his life: once under the Khmer Rouge regime for 10 months of so-called re-education, and once under the People’s Republic of Kampuchea for being involved in an attempt to form an opposition party. He worked at the Institute of Sociology in Phnom Penh during the 1980s.

Full Audio File Size
57MB
Full Audio Title
Thun Saray Imnterview