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Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
Proses penegakan etik di Komisi Yudisial bersifat unik. Hal ini dikarenakan tugas dan kewenangan yang dimilikinya mendudukkan Komisi Yudisial bertugas sebagai “polisi”, bertindak sebagai “jaksa”, dan atau berfungsi sebagai “hakim” dalam penegakan etik. Persidangan etik secara formil tidak menggunakan sistem pembuktian sebagaimana lazimnya di dalam hukum acara pidana ataupun perdata. Namun demikian, tetap berupaya melakukan pembuktian mendekati ketentuan-ketentuan pembuktian dalam persidangan hukum. Buku ini menggambarkan secara lugas sebuah tugas dan wewenang Komisi Yudisial dalam menjaga harkat dan martabat hakim melalui pengawasan perilaku, sekaligus proses atau rangkaian penan...
The centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the 'Sixth Republic'. It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution.
This memoir of a family torn apart by an unthinkable betrayal lays bare an astonishing truth at the heart of an island the world cherishes as "The Last Paradise." When a young American traveler falls in love with and marries a beautiful Balinese girl, all the promise of "The Morning of the World" seems to await. But twenty years later and far too late, he discovers the awful purpose behind the elaborate Hindu ceremonies arranged by his wife at the birth of their children. While he struggles to make sense of the destruction of his family, Balinese friends warn of long-term plans, of black magic, of fraudulent documents, false Hindu ceremonies, collusion by members of the Bali community, the c...
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.
Modern Governments Are Of Great Import-Ance In The Present World And Cover A Vast Area. This Book Deals With The Theory, Principles And Classification Of Constitutions In A Very Simple Manner. This Study Also Covers The Constitutions Of The United Kingdom, The United States Of America, France, Union Of Soviet Socialist Republic, Switzerland, China, Japan And India. The Salient Features Of Each And Every Constitution Mentioed Above Have Treated In A Suitable Manner. The Political Parties Of Those Countries Have Been Studied At The End Of Every Chapter.This Book Will Surely Be Useful Not Only For The Students But Also For The Candidates Of All Competitive Examinations.
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.
This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.
Role and position of Judicial Commission in reformation of law in Indonesia; collection of articles.