Judicial Dysfunction In Indonesia

Author : Simon Butt
Publisher : Melbourne Univ. Publishing
ISBN 13 : 0522879926
Total Pages : 357 pages
Book Rating : 4.26/5 ( download)

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Download or read book Judicial Dysfunction in Indonesia written by Simon Butt and published by Melbourne Univ. Publishing. This book was released on 2023-12-05 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Sebastiaan Pompe
Publisher : Cornell University Press
ISBN 13 : 150171886X
Total Pages : 512 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Indonesian Supreme Court written by Sebastiaan Pompe and published by Cornell University Press. This book was released on 2018-05-31 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Daniel Lev
Publisher : BRILL
ISBN 13 : 9004478701
Total Pages : 357 pages
Book Rating : 4.01/5 ( download)

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Download or read book Legal Evolution and Political Authority in Indonesia written by Daniel Lev and published by BRILL. This book was released on 2021-10-25 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Melissa Crouch
Publisher : Cambridge University Press
ISBN 13 : 1108493467
Total Pages : 449 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Author : Simon Butt
Publisher : BRILL
ISBN 13 : 900425059X
Total Pages : 348 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Constitutional Court and Democracy in Indonesia written by Simon Butt and published by BRILL. This book was released on 2015-05-19 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Adriaan Bedner
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041116338
Total Pages : 328 pages
Book Rating : 4.38/5 ( download)

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Download or read book Administrative Courts in Indonesia written by Adriaan Bedner and published by Martinus Nijhoff Publishers. This book was released on 2001-06-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Simon Butt
Publisher :
ISBN 13 : 9781138102965
Total Pages : 162 pages
Book Rating : 4.62/5 ( download)

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Download or read book Corruption and Law in Indonesia written by Simon Butt and published by . This book was released on 2017-05-31 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Stefanus Hendrianto
Publisher : Routledge
ISBN 13 : 135158491X
Total Pages : 292 pages
Book Rating : 4.13/5 ( download)

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Download or read book Law and Politics of Constitutional Courts written by Stefanus Hendrianto and published by Routledge. This book was released on 2018-04-17 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Timothy Lindsey
Publisher : Federation Press
ISBN 13 : 9781862876606
Total Pages : 756 pages
Book Rating : 4.06/5 ( download)

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Download or read book Indonesia, Law and Society written by Timothy Lindsey and published by Federation Press. This book was released on 2008 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9004253688
Total Pages : 340 pages
Book Rating : 4.81/5 ( download)

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Download or read book The State and Illegality in Indonesia written by E. Aspinall and published by BRILL. This book was released on 2011-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).