Democratic Transition And Constitutional Justice Post Reformasi Constitutional Adjudication In Indonesia


Democratic Transition And Constitutional Justice Post Reformasi Constitutional Adjudication In Indonesia
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Democratic Transition And Constitutional Justice Post Reformasi Constitutional Adjudication In Indonesia


Democratic Transition And Constitutional Justice Post Reformasi Constitutional Adjudication In Indonesia
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Author : Iwan Satriawan
language : en
Publisher: IIUM PRESS
Release Date : 2020-05-04

Democratic Transition And Constitutional Justice Post Reformasi Constitutional Adjudication In Indonesia written by Iwan Satriawan and has been published by IIUM PRESS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-04 with Biography & Autobiography categories.


The fall of New Order Regime under President Suharto saw the emergence of Reformasi (Reformation) and the beginning of various institutional and governmental changes done in the pursuit of democracy in Indonesia. Constitutional justice is fundamental to the success of democratic transition in the country. One of the results democratic reform and constitutional changes after Reformasi in 1998 is the establishment of the Constitutional Court of the Republic of Indonesia.



Law And Politics Of Constitutional Courts


Law And Politics Of Constitutional Courts
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Author : Stefanus Hendrianto
language : en
Publisher: Routledge
Release Date : 2018-04-17

Law And Politics Of Constitutional Courts written by Stefanus Hendrianto and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Law categories.


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.



The Leiden Legacy


The Leiden Legacy
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Author : Peter Burns
language : en
Publisher: Brill Academic Publishers
Release Date : 2004

The Leiden Legacy written by Peter Burns and has been published by Brill Academic Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


"The Dutch colonial power in Indonesia in the nineteenth century needed to clarify its understanding of the legal values and conventions of the peoples whom it claimed to rule. Dutch colonial lawyers tended to rationalize this legal culture, lumping together all kinds of indigenous legal customs from different areas as manifestations of adatrecht, or, customary law. The status of this legal system vis-a-vis Dutch colonial law was a source of continual depute and disagreement. The champions of adatrecht known as the Leiden School, with C. van Vollenhoven in the forefront, scored a victory around 1927 when adatrecht gained official recognition, though on the other hand it became the subject of mounting criticism. After World War II, the independent state of Indonesia paid lip service to adatrecht principles, but in practice treated it as irrelevant, or even an embarrassment."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved



A Practical Guide To Constitution Building


A Practical Guide To Constitution Building
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Author : Winluck Wahiu
language : en
Publisher:
Release Date : 2011

A Practical Guide To Constitution Building written by Winluck Wahiu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Constitutional law categories.


"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--



The State And Illegality In Indonesia


The State And Illegality In Indonesia
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Author : E. Aspinall
language : en
Publisher: BRILL
Release Date : 2011-01-01

The State And Illegality In Indonesia written by E. Aspinall and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with History categories.


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).



Designing Democracy


Designing Democracy
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press, USA
Release Date : 2001

Designing Democracy written by Cass R. Sunstein and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.


A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.



Guidelines For Understanding Adjudicating And Resolving Disputes In Elections


Guidelines For Understanding Adjudicating And Resolving Disputes In Elections
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Author : Chad Vickery
language : en
Publisher: IFES
Release Date : 2011

Guidelines For Understanding Adjudicating And Resolving Disputes In Elections written by Chad Vickery and has been published by IFES this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Contested elections categories.




Indonesia Law And Society


Indonesia Law And Society
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Author : Timothy Lindsey
language : en
Publisher: Federation Press
Release Date : 2008

Indonesia Law And Society written by Timothy Lindsey and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


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.



Asian Discourses Of Rule Of Law


Asian Discourses Of Rule Of Law
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Author : Randall P. Peerenboom
language : en
Publisher: Psychology Press
Release Date : 2004

Asian Discourses Of Rule Of Law written by Randall P. Peerenboom and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.


Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.



Land Law And Disputes In Asia


Land Law And Disputes In Asia
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Author : Yuka Kaneko
language : en
Publisher: Routledge
Release Date : 2021-09-16

Land Law And Disputes In Asia written by Yuka Kaneko and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-16 with Political Science categories.


Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.