European Association for Southeast Asian Studies (EuroSEAS) Conference

Missbach, A. (Speaker), Palmer, W. (Speaker)

Activity: Participating in or organising an event typesContribution to conference

Description

Legal Brokers and Compensation for Indonesian Minors Wrongfully Imprisoned in Australia

This paper sheds light on the outcomes of legal brokerage in a trial that involves 115 underage people smugglers from Indonesia who were wrongfully incarcerated in Australian adult prisons. Taking a rather unusual approach to seeking transnational justice, an Indonesian lawyer launched a lawsuit against the Australian government for compensation for the wrongful imprisonment at an Indonesian court. Ultimately, the lawsuit was unsuccessful, but analysing the legal proceeding within the framework of legal brokerage offers major lessons for other lawyers and legal brokers planning to attempt similar efforts. The analysis also yields deep insights into the dynamics of legal brokerage to complement the studies on brokerage that scrutinize economic and political relations that enable and sustain it. It also challenges the assumption that brokers are successful in what they do and the brokerage will bring about change for those the broker represents. Our detailed case study of the legal proceeding, its processes and developments, shows how it is not always so by highlighting how the competence of the broker and the extraordinary circumstance of the case influenced its chances of success.
Period11 Sep 2019
Event typeConference
LocationBerlin, Germany, Berlin
Degree of RecognitionInternational