Legal Evolution and Political Authority in Indonesia

Legal Evolution and Political Authority in Indonesia
Author: Daniel Lev
Publisher: BRILL
Total Pages: 357
Release: 2021-10-25
Genre: Law
ISBN: 9004478701

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.

No Concessions

No Concessions
Author: Daniel S. Lev
Publisher: University of Washington Press
Total Pages: 464
Release: 2011-12-01
Genre: History
ISBN: 0295801778

The compelling personal story of human rights lawyer Yap Thiam Hien (1913-1989) brings decades of modern Indonesian history to life. No Concessions is a penetrating analysis of the trajectory of the Chinese minority in Indonesia over close to a century and the remarkable making of a civic leader. Without abandoning his ethnic roots, Yap transcended them by becoming a courageous legal defender of civil and human rights of all oppressed Indonesians, including former communists and radical Muslims.

Indonesian Law

Indonesian Law
Author: Tim Lindsey
Publisher: Oxford University Press
Total Pages: 577
Release: 2018-09-06
Genre: Law
ISBN: 0191665568

Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

Ruling Before the Law

Ruling Before the Law
Author: William Hurst
Publisher: Cambridge University Press
Total Pages: 321
Release: 2018-04-19
Genre: Law
ISBN: 1108427200

Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.

The Indonesian Supreme Court

The Indonesian Supreme Court
Author: S. Pompe
Publisher: SEAP Publications
Total Pages: 516
Release: 2005
Genre: History
ISBN: 9780877277385

Colonial history -- Parliamentary system and guided democracy (1945-1965): the political mobilization of the judiciary -- New order (1965-1970): power struggle and failure -- Entrenched new order (post-1970): political co-optation of the judiciary -- The Supreme Court and judicial organization -- The judicial function -- The Supreme Court functions of regulation and supervision -- The organization of the Supreme Court -- The judges -- The impact of the Supreme Court decisions (jurisprudence).

Administrative Courts in Indonesia

Administrative Courts in Indonesia
Author: Adriaan Bedner
Publisher: Martinus Nijhoff Publishers
Total Pages: 328
Release: 2001-06-20
Genre: Law
ISBN: 9789041116338

In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.

New Courts in Asia

New Courts in Asia
Author: Andrew Harding
Publisher: Routledge
Total Pages: 444
Release: 2010-01-21
Genre: Business & Economics
ISBN: 1135182728

This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications.

The Politics of Court Reform

The Politics of Court Reform
Author: Melissa Crouch
Publisher: Cambridge University Press
Total Pages: 449
Release: 2019-09-19
Genre: Law
ISBN: 1108493467

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.