Whats The Law Got To Do With Corruption In Indonesia
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Author | : Simon Butt |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : POLITICAL SCIENCE |
ISBN | : 9780415679343 |
"Post-Soeharto Indonesia is now at a critical juncture. Many defining characteristics of the 33 years of Soeharto's authoritarian rule have been discarded. Indonesia has transformed from one of Southeast Asia's most repressive and centralised political systems to its most decentralised and democratic. Its judiciary is has been made largely independent of government; economic development is solid; and its Constitution now boasts a world-standard Bill of Rights. Yet obstacles remain to Indonesia achieving the "rule of law". In particular, Indonesia is consistently rated as having some of the highest levels of corruption in the world, often attributed to the continuing influence of Soeharto-era powerbrokers and their prot©♭g©♭s. Pervasive corruption is said to hamper economic growth and prevent governance reforms aimed at improving transparency and accountability, leading some commentators to question the "quality" of Indonesian democracy and, ultimately, the longevity of post-Soeharto reform. The focus of this book is to highlight the "pushback", led by powerful entrenched political interests, against the Anti-Corruption Commission (KPK) and the Anti-Corruption Court, through legal process. The book shows that the KPK has been the target of systematic efforts aimed at undermining its success in corruption cases and, ultimately, bringing it down"--
Author | : Melissa Crouch |
Publisher | : Routledge |
Total Pages | : 282 |
Release | : 2013-11-12 |
Genre | : Political Science |
ISBN | : 1134508360 |
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.
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.
Author | : Jeremy Horder |
Publisher | : Cambridge University Press |
Total Pages | : 383 |
Release | : 2013-04-25 |
Genre | : Law |
ISBN | : 110735496X |
The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
Author | : Timothy Lindsey |
Publisher | : Federation Press |
Total Pages | : 756 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9781862876606 |
Since the first edition, Indonesia has undergone massive political and legal change as part of its post-Soeharto reform process and its dramatic transition to democracy. This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary. Indonesia: Law and Society now covers a broad range of legal fields and includes both historical and very up-to-date analyses and views on Indonesian legal issues. It includes work by leading scholars from a wide range of countries. There is still no comparable, English language text in existence.
Author | : E. Aspinall |
Publisher | : BRILL |
Total Pages | : 340 |
Release | : 2011-01-01 |
Genre | : History |
ISBN | : 9004253688 |
The popular 1998 reformasi movement that brought down President Suharto’s regime demanded an end to illegal practices by state officials, from human rights abuse to nepotistic investments. Yet today, such practices have proven more resistant to reform than people had hoped. Many have said corruption in Indonesia is "entrenched". We argue it is precisely this entrenched character that requires attention. What is state illegality entrenched in and how does it become entrenched? This involves studying actual cases. Our observations led us to rethink fundamental ideas about the nature of the state in Indonesia, especially regarding its socially embedded character. We conclude that illegal practices by state officials are not just aberrations to the state, they are the state. Almost invariably, illegality occurs as part of collective, patterned, organized and collaborative acts, linked to the competition for political power and access to state resources. While obviously excluding many without connections, corrupt behaviour also plays integrative and stabilizing functions. Especially at the lower end of the social ladder, it gets a lot of things done and is often considered legitimate. This book may be read as a defence of area studies approaches. Without the insights that grew from applying our area studies skills, we would still be constrained by highly stylised notions of the state, which bear little resemblance to the state’s actual workings. The struggle against corruption is a long-term political process. Instead of trying to depoliticize it, we believe the key to progress is greater popular participation. With contributions from Simon Butt, Robert Cribb, Howard Dick, Michele Ford, Jun Honna, Tim Lindsey, Lenore Lyons, John McCarthy, Ross McLeod, Marcus Mietzner, Jeremy Mulholland, Gerben Nooteboom, J Danang Widoyoko and Ian Wilson. This book is the result of a series of workshops supported, among others, by the Australian-Netherlands Research Collaboration (ANRC).
Author | : Johan Fischer |
Publisher | : Routledge |
Total Pages | : 179 |
Release | : 2019-10-11 |
Genre | : Social Science |
ISBN | : 1000650944 |
The first volume to explore Muslim piety as a form of economy, this book examines specific forms of production, trade, regulation, consumption, entrepreneurship and science that condition – and are themselves conditioned by – Islamic values, logics and politics. With a focus on Southeast Asia as a site of significant and diverse integration of Islam and the economy – as well as the incompatibilities that can occur between the two – it reveals the production of a Muslim piety as an economy in its own right. Interdisciplinary in nature and based on in-depth empirical studies, the book considers issues such as the Qur’anic prohibition of corruption and anti-corruption reforms; the emergence of the Islamic economy under colonialism; ‘halal’ or ‘lawful’ production, trade, regulation and consumption; modesty in Islamic fashion marketing communications; and financialisation, consumerism and housing. As such, it will appeal to scholars of sociology, anthropology and religious studies with interests in Islam and Southeast Asia.
Author | : Tim Lindsey |
Publisher | : Oxford University Press |
Total Pages | : 651 |
Release | : 2018-09-05 |
Genre | : Law |
ISBN | : 0191665576 |
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.
Author | : T. Markus Funk |
Publisher | : Oxford University Press |
Total Pages | : 738 |
Release | : 2019-04-05 |
Genre | : Law |
ISBN | : 0190941987 |
Worldwide, governmental anti-corruption efforts have been ramping up like never before. From the U.S. Foreign Corrupt Practices Act ("FCPA") to the U.K. Bribery Act and recent Chinese, French, Indonesian, Brazilian, and German anti-bribery legislations, the compliance world has witnessed the fight against corruption rocketing to the top of most law reform and enforcement agendas. As the fight against corruption goes global, practitioners of the compliance, regulatory, and investigative space must understandand--and more importantly navigate--these increasingly complicated and often perilous compliance waters. With that heavy reality in mind, this first-of-its-kind book draws on the real-world experience and expertise possessed by some of the world's leading anti-corruption and anti-bribery practitioners to make meeting that challenge easier. Featuring country-specific chapters and practitioner-focused "how to" modules, From Baksheesh to Bribery serves as a one-stop shop for practitioners, in-house counsel, compliance personnel, academics, and others who want--and often need--to understand the world's perspective on corruption and the fight against it.
Author | : Garry Rodan |
Publisher | : Oxford University Press, USA |
Total Pages | : 257 |
Release | : 2014 |
Genre | : Political Science |
ISBN | : 0198703538 |
This book examines different ideologies and related political coalitions forming the bases of movements for accountability reform in Southeast Asia.