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Blasphemy, Islam and the State
This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world’s largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country’s liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world’s largest Muslim nation. A key objective is to test the argument that Rawls’ thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.
Law Reform in Developing and Transitional States
This informative book examines examples of law reform projects in post-socialist and post-authoritarian states in Asia, identifies common problems, and proposes analytical frameworks for understanding them.
Parliamentary Papers
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Countries at the Crossroads 2010
Countries at the Crossroads: An Analysis of Democratic Governance evaluates government performance in seventy strategically important countries from across the globe, including emerging market countries and at-risk states. The in-depth comparative analyses and quantitative ratings_examining Accountability and Public Voice, Civil Liberties, Rule of Law, and Anticorruption and Transparency_serve as a valuable tool for public analysts, educators and students, government officials, and the business community.
Institutional Bypasses
Analyzes institutional bypasses, a strategy to promote change and implement reforms in developing countries.
Constitutional Change and Democracy in Indonesia
How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Democracy and Islam in Indonesia
In 1998, Indonesia's military government collapsed, creating a crisis that many believed would derail its democratic transition. Yet the world's most populous Muslim country continues to receive high marks from democracy-ranking organizations. In this volume, political scientists, religious scholars, legal theorists, and anthropologists examine Indonesia's transition compared to Chile, Spain, India, and potentially Tunisia, and democratic failures in Yugoslavia, Egypt, and Iran. Chapters explore religion and politics and Muslims' support for democracy before change.
Asian Yearbook of International Law, Volume 24 (2018)
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First,...
Administrative Law and Governance in Asia
This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing...
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.
