Corruption and Law in Indonesia

Corruption and Law in Indonesia
Author: Simon Butt
Publisher: Routledge
Total Pages: 204
Release: 2017-05-31
Genre: Political Science
ISBN: 1136618120

Indonesia has transformed from one of South East Asia’s most repressive and centralised political systems to its most decentralised and democratic. Despite this, obstacles still remain that hinder Indonesia achieving the ‘rule of law’, and in particular, the country is consistently ranked as having one of the highest levels of corruption in the world. This book assesses Indonesia’s anti-corruption reforms over the past decade, focusing on the Anti-corruption Commission (KPK) and the Anti-corruption Court (ACC). The book discusses how both institutions have been largely successful since they began operating on 2004. Before 2008, the KPK and ACC largely focused on mid-senior level targets and faced resistance primarily in the form of constitutional challenges to their jurisdictions and powers. From 2008, however, the KPK began targeting politically-powerful figures, drawing resistance that now threatens the future efficacy of both institutions. It is largely in Indonesia’s courtrooms and lawmaking institutions that key battles between reformists and those preferring the status quo have played out. This book describes and analyses these judicial processes and legal changes. It shows that despite persistent claims that Indonesia’s legal system is dysfunctional, law is far from irrelevant in modern day Indonesia. The book is a useful contribution to South East Asian politics and Asian law.

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.

The Constitutional Court and Democracy in Indonesia

The Constitutional Court and Democracy in Indonesia
Author: Simon Butt
Publisher: BRILL
Total Pages: 348
Release: 2015-05-19
Genre: Law
ISBN: 900425059X

The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body that actively and independently performs its functions and one which does not shy away from difficult cases. It has earned the respect of Indonesian citizens and members of government who comply with the Court's decisions as a matter of course, despite the Court's lack of official enforcement powers. Many of the Court's decisions have been controversial, yet criticism has focused on the perceived unfairness of the outcomes. This book seeks to forge a new path in this debate by offering a balanced critique of the Constitutional Court's jurisprudence and decision-making practices.

The Politics of Court Reform

The Politics of Court Reform
Author: Melissa Crouch
Publisher: Cambridge University Press
Total Pages: 447
Release: 2021-05-20
Genre: Law
ISBN: 9781108737081

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.

The Constitution of Indonesia

The Constitution of Indonesia
Author: Simon Butt
Publisher: Bloomsbury Publishing
Total Pages: 196
Release: 2012-08-29
Genre: Law
ISBN: 1847319882

For decades, Indonesia's 1945 Constitution, the second shortest in the modern world, was used as an apologia by successive authoritarian regimes. A bare-bones text originally intended as a temporary measure, it did little beyond establish basic state organs, including a powerful presidency. It did not offer citizens real guarantees or protections. These weaknesses were ruthlessly exploited by the military-backed regime that President Soeharto headed from 1966 until his fall in 1998. The (first ever) amendments to the Constitution, which began the following year and were completed in 2002, changed all this. Enlarging and rethinking the Constitution, they ushered in a liberal democratic system based around human rights, an open society and separation of powers. These reforms also created a Constitutional Court that has provided Indonesia's first judicial forum for serious debate on the interpretation and application of the Constitution, as well as its first significant and easily-accessible body of detailed and reasoned judgments. Today, Indonesian constitutional law is rich, sophisticated and complex. This book surveys this remarkable constitutional transition, assessing the implementation of Indonesia's new constitutional model and identifying its weaknesses. After covering key institutions exercising executive, legislative and judicial powers, the book focuses on current constitutional debates, ranging from human rights to decentralisation, religious freedom and control of the economy.

Harvard Law Review: Volume 125, Number 7 - May 2012

Harvard Law Review: Volume 125, Number 7 - May 2012
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 661
Release: 2012-05-15
Genre: Law
ISBN: 1610279484

Featured articles and essays in this issue are from recognized scholars in law and legal theory, including a Symposium on private law. The issue also includes the article “Regulation for the Sake of Appearance,” by Adam Samaha. The Symposium contents are: THE NEW PRIVATE LAW -- “Introduction: Pragmatism and Private Law,” by John C.P. Goldberg -- “The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying,” by Shyamkrishna Balganesh -- “Property as the Law of Things,” by Henry E. Smith -- “Duties, Liabilities, and Damages,” by Stephen A. Smith -- “Palsgraf, Punitive Damages, and Preemption,” by Benjamin C. Zipursky The issue includes two student Notes: “The Perils of Fragmentation and Reckless Innovation,” and “Independence, Congressional Weakness, and the Importance of Appointment: The Impact of Combining Budgetary Autonomy with Removal Protection” In addition, student contributions on Recent Cases and Legislation explore the law relating to tasers as excessive force, free speech rights of teachers, employment discrimination disparate impact, separation of powers in dealing with Guantánamo transfers, and excessive sentencing using an uncharged murder. Finally, there are six Book Notes of Recent Publications.

Comparative Politics of Southeast Asia

Comparative Politics of Southeast Asia
Author: Aurel Croissant
Publisher: Springer Nature
Total Pages: 510
Release: 2022-09-01
Genre: Political Science
ISBN: 3031051149

This textbook provides a comprehensive introduction to the political systems of all ASEAN countries and Timor-Leste from a comparative perspective. It investigates the political institutions, actors, and processes in eleven states, covering democracies as well as autocratic regimes. Each country study includes an analysis of the current system of governance, the party and electoral system, and an assessment of the state, its legal system, and administrative bodies. Students of political science and area studies also learn about processes of democratic transition and autocratic resilience, as well as how civil society and the media influence the political culture in each country. This second edition features revised and updated versions of all country studies and a new chapter that discusses the trends of democratization and autocratization in Southeast Asia in the late 20th and early 21st centuries.

Democracy, Corruption and the Politics of Spirits in Contemporary Indonesia

Democracy, Corruption and the Politics of Spirits in Contemporary Indonesia
Author: Nils Bubandt
Publisher: Routledge
Total Pages: 211
Release: 2014-06-05
Genre: Political Science
ISBN: 1317682513

Indonesia has been an electoral democracy for more than a decade, and yet the political landscape of the world’s third-largest democracy is as complex and enigmatic as ever. The country has achieved a successful transition to democracy and yet Indonesian democracy continues to be flawed, illiberal, and predatory. This book suggests that this and other paradoxes of democracy in Indonesia often assume occult forms in the Indonesian political imagination, and that the spirit-like character of democracy and corruption traverses into the national media and the political elite. Through a series of biographical accounts of political entrepreneurs, all of whom employ spirits in various, but always highly contested, ways, the book seeks to provide a portrait of Indonesia’s contradictory democracy, contending that the contradictions that haunt democracy in Indonesia also infect democracy globally. Exploring the intimate ways in which the world of politics and the world of spirits are entangled, it argues that Indonesia’s seemingly peculiar problems with democracy and spirits in fact reflect a set of contradictions within democracy itself. Engaging with recent attempts to look at contemporary politics through the lens of the occult, Democracy, Corruption and the Politics of Spirits in Contemporary Indonesia will be of interest to academics in the fields of Asian Studies, Anthropology and Political Science and relevant for the study of Indonesian politics and for debates about democracy in Asia and beyond.

Realizing Indonesia's Economic Potential

Realizing Indonesia's Economic Potential
Author: Mr.Luis E Breuer
Publisher: International Monetary Fund
Total Pages: 336
Release: 2018-08-01
Genre: Business & Economics
ISBN: 148433714X

Analytical work on Indonesian macroeconomic and financial issues, with an overarching theme on building institutions and policies for prosperity and inclusive growth. The book begins with a 20-year economic overview by former Finance Minister Chatib Basri, with subsequent chapters covering diverse sectors of the economy as well as Indonesia’s place in the global economy.