Download or read book Legal Evolution and Political Authority in Indonesia written by Daniel Lev and published by BRILL. This book was released on 2021-10-25 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly forty years, following the collapse of Indonesia's parliamentary system, Indonesia's once independent legal institutions were transformed into dedicated instruments of a powerful elite and allowed to sink into a deep mire of corruption and malfeasance. Legal process was devastated far beyond the capacity of any simple effort at reconstruction by post-Suharto governments. Indonesia's problems in this respect surpass those of other countries in the region compelled by economic crisis to re-examine institutional structures. The works reprinted in this collection constitute a case study over time of legal decay and the rise of reform interests in one of the most complex countries in the world. Written during a period of more than thirty years, beginning in the early 1960s, the essays trace several themes in the legal history of modern Indonesia. They make clear, however, that legal history is seldom that alone, but rather, like law itself, is largely derivative, fundamentally imbedded in the interest, ideas, purposes, and contentions of local political, social, and economic power.
Download or read book Politicization of Justice in Indonesia written by Adnan Buyung Nasution and published by . This book was released on 1996 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2021-05-20 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
Download or read book Law and Politics of Constitutional Courts written by Stefanus Hendrianto and published by Routledge. This book was released on 2018-04-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
Download or read book Law and Religion in Indonesia written by Melissa Crouch and published by Routledge. This book was released on 2013-11-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.
Download or read book Transitional Justice from State to Civil Society written by Sri Lestari Wahyuningroem and published by Routledge. This book was released on 2019-11-27 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia’s democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of ‘bottom-up’ approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia’s democracy and human rights’ institutions, the book provides a significant contribution to current understandings of Indonesia’s democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.
Download or read book Politics and Governance in Indonesia written by Muradi and published by Routledge. This book was released on 2014-06-05 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does an authoritarian state reform its police force following a transition to democracy? In 1998, Indonesia, the third largest country in the world, faced just such a challenge. Policing had long been managed under the jurisdiction of the military, as an instrument of the Suharto regime – and with Suharto abruptly removed from office, this was about to change. Here we see how it changed, and how far these changes were for the better. Based on direct observations by a scholar who was involved in the last days of the New Order and who saw how the police responded to regime change, this book examines the police, the new regime, and how the police was disassociated from the military in Indonesia. Providing a comprehensive historical overview of the position of police in this change of regime, the book focuses on two key areas: the differences between local and national levels, and the politicisation associated with decentralisation. Arguing that the disassociation of the Indonesian National Police from the military has achieved only limited success, the book contends that there is continued impetus for the establishment of a professional police force and modern and democratic policing, which will entail effective public control of the police. A pioneering study of the police in Indonesia, examining key issues in the post-Suharto era, this book will be of interest to scholars of Southeast Asian politics and of policing and politics in the developing world.
Download or read book Law and Political Liberty in Indonesia written by and published by . This book was released on 1989 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Politics of Transitional Justice in Post Suharto Indonesia written by Jiwon Suh and published by . This book was released on 2012 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study suggests that we should examine the political processes of transitional justice more closely, rather than simply blaming the "lack of political will." It also suggests that, to make advocacy strategies sustainable and effective, it is necessary to prepare for the era after international pressure is largely gone.
Download or read book In Search of Human Rights written by T. Mulya Lubis and published by . This book was released on 1993 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Download or read book The Politics of Judicial Development in Indonesia written by Daniel Saul Lev and published by . This book was released on 1965 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book From State to Civil Society written by Sri Lestari Wahyuningroem and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the implementation of transitional justice measures in post-authoritarian Indonesia, starting from the beginning of the political transition in 1998 until its consolidation in 2009 and beyond. It does so by, first, assessing the procedural and substantive aspects of transitional justice implementation. Following this assessment, the thesis, second, analyses the factors within democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. The thesis argues that state-sponsored transitional justice in Indonesia has been successful only in terms of procedure, and even then only problematically so, but a total failure in substance. This outcome resulted from the nature of the political transition in Indonesia from 1998 onwards. Indonesia's transition involved a combination of a rupture, or replacement, style of transition and a compromise, or transplacement. The replacement features motivated the government and political elite to agree to the adoption of transitional justice measures. In the period of transition, when it lacked political legitimacy, the new government needed transitional justice to distance itself from the image of the predecessor repressive regime and to gain public trust, both domestically and internationally. However, the transplacement nature of the political transition, which involved bargaining between elements of the old regime and reformers, contributed to the failure to achieve the objectives of transitional justice. Even though transitional justice failed at the state level, more positive outcomes have occurred at the community and local levels. Civil society groups and regional governments have initiated partial transitional justice, suggesting that improving justice outcomes can also take place from the bottom up, or from the margins, rather than being entirely dependent upon top-down, or state-centred initiatives.
Download or read book Voting Behaviour in Indonesia since Democratization written by Saiful Mujani and published by Cambridge University Press. This book was released on 2018-02-26 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first scientific analysis of Indonesian voting behavior from democratization in 1999 to the most recent general election in 2014.
Download or read book Local Knowledge Matters written by Nugroho, Kharisma and published by Policy Press. This book was released on 2018-07-04 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available Open Access under CC-BY-NC licence. This book explores the critical role that local knowledge plays in public policy processes as well as its role in the co-production of policy relevant knowledge with the scientific and professional communities. The authors consider the mechanisms used by local organisations and the constraints and opportunities they face, exploring what the knowledge-to-policy process means, who is involved and how different communities can engage in the policy process. Ten diverse case studies are used from around Indonesia, addressing issues such as forest management, water resources, maritime resource management and financial services. By making extensive use of quotes from the field, the book allows the reader to ‘hear’ the perspectives and beliefs of community members around local knowledge and its effects on individual and community life.
Download or read book Electoral Justice written by and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2010-11-24 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: An effective electoral justice system is a key element in the unfolding of a free, fair and genuine democratic process. Without a system to mitigate and manage inequality or perceptions of inequality, even the best management of an electoral process may lead to mistrust in the legitimacy of the elected government. This Handbook examines the concept of electoral justice and how to prevent electoral disputes. Using examples from countries such as Afghanistan, Argentina, Bhutan, Bosnia and Herzegovina, Brazil, Burkina Faso, France, Indonesia, Japan, Mexico, the United Kingdom and the United States, it will assist any country with the design and implementation of an electoral justice system that best suits their situation.
Download or read book Political and Legal Transformations of an Indonesian Polity written by Franz von Benda-Beckmann and published by Cambridge University Press. This book was released on 2013-08-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.
