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The Indonesian Supreme Court
Colonial history -- Parliamentary system and guided democracy (1945-1965): the political mobilization of the judiciary -- New order (1965-1970): power struggle and failure -- Entrenched new order (post-1970): political co-optation of the judiciary -- The Supreme Court and judicial organization -- The judicial function -- The Supreme Court functions of regulation and supervision -- The organization of the Supreme Court -- The judges -- The impact of the Supreme Court decisions (jurisprudence).
The Indonesian Supreme Court
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.
Indonesia, Law and Society
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.
The Politics of Heritage
This collection explores how the heritage industry and cultural policy have responded to questions of nation and national identity
European and US Constitutionalism
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Promoting Restorative Justice For Children
This report examines the potential of restorative justice programmes to facilitate conflict resolution and provide appropriate protection to children. This applies to the justice system, whether children are victims, offenders or witnesses, but it also applies in a range of other contexts, including at school, in residential care units, in social welfare settings and in the community.
Courting Reform
Western perceptions of Islam in Indonesia are often dominated by images of radical minorities seeking a shari'ah state. In reality, however, mainstream Islamic institutions have played an important part in the post-Soeharto process of democratization and institutional reform. Among them are Indonesia's Islamic courts, the Pengadilan Agama or Religious Courts. In a ground-breaking new Lowy Institute Paper Cate Sumner and Tim Lindsey explore how the Islamic courts have embraced reform within a judicial system notorious for corruption and incompetence, taking the lead in efforts to deliver decisions that are more accessible, transparent and fair, especially for women and the poor.
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The State and Illegality in Indonesia
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 prac...
