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Asia-Pacific Judiciaries
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Constitutional Democracy in Indonesia
Constitutional Democracy in Indonesia discusses the ongoing debates over the meaning, implementation, and practice of constitutional democracy in Indonesia. Current legal issues are analysed in light of social, political, and economic reforms since the constitution's entering into force.
Putusan Bersyarat oleh Mahkamah Konstitusi: Karakteristik dan Dinamika Perkembangannya
Buku ini secara garis besar membahas mengenai karakteristik, dlnamika, dan perkembangan dari putusan yang memuat klausul bersyarat (putusan bersyarat) yang digunakan oleh Mahkamah Konstitusi dalam pengujian undang-undang terhadap Undang-Undang Dasar. Untuk memberlkan landasan konseptual dan konteks terhadap isu tersebut, buku ini dimulai dengan membahas mengenai berbagai teori berkenaan dengan pengujian konstitusionalitas norma peraturan perundang-undangan. Kemudian, secara lebih terperinci dibahas mengenai kewenangan pengujian undang-undang, dimulai dari sejarah Mahkamah Konstitusi, pengujian peraturan perundang-undangan di Indonesia. serta dinamika yang terjadi di Mahkamah Konstitusi, khus...
Standing on the Shoulders of Giants
ÒIÕm happy to have been a part of history, however small my role was.Ó The words of Wardiman Djojonegoro reveal Indonesian history the way only a man who worked alongside Ali Sadikin, B. J. Habibie and Soeharto can. The modest 85-year-old, a former education minister and current foundation chairman at the Habibie Center, recalls the younger days of a Òbig villageÓ Jakarta and says it was the countryÕs third president who taught him the keys to national development. This is what Peter Zack, a reporter for the Jakarta Globe, wrote on 18 April 2009. In the present English translation of his 2014 memoir, Standing on the Shoulders of Giants: Reminiscences of Working with Three Great Indones...
International Human Rights and Local Courts
This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human ...
The Constitutional Court and Democracy in Indonesia
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.
Contentious Belonging
Contention has surrounded the status of minorities throughout Indonesian history. Two broad polarities are evident: one inclusive of minorities, regarding them as part of the nation’s rich complexity and a manifestation of its “Unity in Diversity” motto; the other exclusive, viewing with suspicion or disdain those communities or groups that differ from the perceived majority. State and community attitudes towards minorities have fluctuated over time. Some periods have been notable for the acceptance of minorities and protection of their rights, while others have been marked by anti-minority discrimination, marginalisation and sometimes violence. This book explores the complex historical and contemporary dimensions of Indonesia’s religious, ethnic, LGBT and disability minorities from a range of perspectives, including historical, legal, political, cultural, discursive and social. It addresses fundamental questions about Indonesia’s tolerance and acceptance of difference, and examines the extent to which diversity is embraced or suppressed.
Constitutional Review and International Investment Law
The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indon...
