Indonesian vs Australian Legal System

Topics: Law, Human rights, Death Penalty Pages: 2 (597 words) Published: August 26, 2012
Legal Comparative Essay: Australia and Indonesia

The Australian and Indonesian legal systems are very different. Indonesia is less successful than Australia when it comes to uphold human rights. One of the key to a successful legal system is respecting human rights, such as the right to life, the freedom of speech and thoughts and the fact that everyone was born free and equal. Another important key is making sure that the community is being protected at all times.

Even if Australia has already violated the human rights a few times in minor cases, the legal system is still really good. Australia stopped using the death penalty in 1967, when a man was hung for a crime he didn't commit, since then, the death penalty has been banished, which is a good thing. In any case, the person being accused will always be considered innocent until proven guilty. The biggest the crime is, the most severe the sentence will be ; as seen in “Jail Birds” there are High Security and Low Security Prisons. Australia has four courts: Magistrates, County, Supreme and High Court, each one of them is specialised for some sorts of cases. The Magistrates deals with the less important crime whereas the High Court deals with the most important ones (issues involving the Australian Constitution). Even if it's a fictional story, the movie “The Castle” shows that there's the potential to appeal in Australia : a person can't get a worse sentence when appealing. The Australian legal system involves a jury, which is a good thing because the jury represents the community, and that's the reason why the Australian community is well protected.

The Indonesian legal system is, sadly, not as good as the Australian one. Human Rights aren't always respected. For example, the conditions in jail are terrible : in “Kerobokan” some cells can contain up to 24 people, dead bodies are often found and on the other hand, rich people can get room upgrades and turn their small, dirty cell into a big 4 stars...
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