Judicial Dysfunction In Indonesia
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Judicial Dysfunction In Indonesia
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Author : Simon Butt
language : en
Publisher: Melbourne Univ. Publishing
Release Date : 2023-12-05
Judicial Dysfunction In Indonesia written by Simon Butt and has been published by Melbourne Univ. Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-05 with Political Science categories.
Indonesia’s judicial system has long been described as dysfunctional. Many of its problems developed out of decades of authoritarian rule, which began in the last few years of the reign of Indonesia’s first president, Soekarno. By the time President Soeharto’s regime fell in 1998, the judiciary had virtually collapsed. Judicial dependence on government, inefficiency and corruption were commonly seen as the main indicators of poor performance, resulting in very low levels of public trust in the courts. To address these problems, reformists focused on improving judicial independence. Yet while independence is a basic prerequisite for adequate judicial performance, much depends on how this independence is exercised. Judicial Dysfunction in Indonesia demonstrates that Indonesian courts have tended to act without accountability and offers detailed analysis of highly controversial decisions by Indonesian courts, many of which have been of major political significance, both domestically and internationally. It sets out in concrete terms, for the first time, how bribes are negotiated and paid to judges and demonstrates that judges have issued poor decisions and engaged in corruption and other misconduct, largely without fear of retribution. Further, it explores unsafe convictions and public pressure as a threat to judicial independence. Judicial Dysfunction in Indonesia shines a sorely needed empirical light on the Indonesian judicial system, and is an essential resource for readers, scholars and students of Indonesian law and society.
The Indonesian Supreme Court
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Author : Sebastiaan Pompe
language : en
Publisher: Cornell University Press
Release Date : 2018-05-31
The Indonesian Supreme Court written by Sebastiaan Pompe and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with Law categories.
Since the fall of Indonesian president Suharto, a major focus of the country's reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the causes of the judiciary's failure over the last five decades. This study provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.
Legal Evolution And Political Authority In Indonesia
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Author : Daniel Lev
language : en
Publisher: BRILL
Release Date : 2021-10-25
Legal Evolution And Political Authority In Indonesia written by Daniel Lev and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
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.
Administrative Courts In Indonesia
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Author : Adiaan Bedner
language : en
Publisher: BRILL
Release Date : 2021-09-06
Administrative Courts In Indonesia written by Adiaan Bedner and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-06 with Law categories.
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.
The Constitutional Court And Democracy In Indonesia
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Author : Simon Butt
language : en
Publisher: BRILL
Release Date : 2015-05-19
The Constitutional Court And Democracy In Indonesia written by Simon Butt and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-19 with Law categories.
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
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Author : Melissa Crouch
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-19
The Politics Of Court Reform written by Melissa Crouch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Corruption And Law In Indonesia
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Author : Simon Butt
language : en
Publisher:
Release Date : 2017-05-31
Corruption And Law In Indonesia written by Simon Butt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-31 with categories.
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.
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.
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.
Crime And Punishment In Indonesia
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Author : Tim Lindsey
language : en
Publisher: Routledge
Release Date : 2020-12-14
Crime And Punishment In Indonesia written by Tim Lindsey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-14 with Law categories.
Indonesia’s criminal law system faces major challenges. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.