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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.
Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism th...
Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes con...
Analyses the Indonesian parliament's contribution towards the process of democratization. Contributes not only to research on the Indonesian democratization process, but also to the comparative research on parliaments in transition processes in general.
Resisting Indonesia’s Culture of Impunity examines the role of Indonesia’s first truth and reconciliation commission—the Aceh Truth and Reconciliation Commission, or KKR Aceh—in investigating and redressing the extensive human rights violations committed during three decades of brutal separatist conflict (1976–2005) in the province of Aceh. The KKR Aceh was founded in late 2016, as a product of the 2005 peace deal between the Indonesian government and the Free Aceh Movement (GAM). It has since faced many challenges—not least from Indonesia’s security forces and former GAM leaders, who have joined together in their determination to maintain impunity for their respective roles in...
Defending Legal Freedoms in Indonesia provides fresh insights into how cause lawyers navigate political and institutional change, by presenting and analysing the Indonesian Legal Aid Foundation (YLBHI), the oldest and most influential legal and human rights organisation in Indonesia. Based on rich ethnographic research, this book charts the developments of the organisation since its founding in 1970, its contribution to the ending of the authoritarian, military-backed New Order (1966-1998), its relative decline in the years following Indonesia’s democratisation and its revival in recent years as Indonesian democracy and human rights come under threat. The author examines the tactics the or...
How does an authoritarian state reform its police force following a transition to democracy? In 1998, Indonesia, the third largest country in the world, faced just such a challenge. Policing had long been managed under the jurisdiction of the military, as an instrument of the Suharto regime – and with Suharto abruptly removed from office, this was about to change. Here we see how it changed, and how far these changes were for the better. Based on direct observations by a scholar who was involved in the last days of the New Order and who saw how the police responded to regime change, this book examines the police, the new regime, and how the police was disassociated from the military in Ind...
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.
Toha explains why ethnic groups engage in violence during political transition, and why and how this violence eventually declines.