Law, democracy and the fulfilment of socioeconomic rights: insights from Indonesia

Abstract

In recent years a debate has emerged about the conditions under which justiciable legal frameworks facilitate the fulfilment of socioeconomic rights. This debate has pitted institutionalist perspectives that emphasise the progressive potential of democratisation against structuralist perspectives that emphasise the constraints imposed by relationships of power and interest. This paper considers the debate in light of Indonesia’s recent experience. It suggests that we need to examine how institutional and structural factors interact within particular contexts to shape socioeconomic rights fulfilment, not examine these factors in isolation. It also considers the strategic implications of this argument for rights proponents.