Asian Courts in Context

Asian Courts in Context
Author :
Publisher : Cambridge University Press
Total Pages : 633
Release :
ISBN-10 : 9781107066083
ISBN-13 : 1107066085
Rating : 4/5 (83 Downloads)

Synopsis Asian Courts in Context by : Jiunn-rong Yeh

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Administrative Courts in Indonesia

Administrative Courts in Indonesia
Author :
Publisher : BRILL
Total Pages : 315
Release :
ISBN-10 : 9789004481992
ISBN-13 : 9004481990
Rating : 4/5 (92 Downloads)

Synopsis Administrative Courts in Indonesia by : Adiaan Bedner

In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.

Law and Religion in Indonesia

Law and Religion in Indonesia
Author :
Publisher : Routledge
Total Pages : 282
Release :
ISBN-10 : 9781134508365
ISBN-13 : 1134508360
Rating : 4/5 (65 Downloads)

Synopsis Law and Religion in Indonesia by : Melissa Crouch

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 concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.

The Politics of Court Reform

The Politics of Court Reform
Author :
Publisher : Cambridge University Press
Total Pages : 447
Release :
ISBN-10 : 1108737080
ISBN-13 : 9781108737081
Rating : 4/5 (80 Downloads)

Synopsis The Politics of Court Reform by : Melissa Crouch

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.

Legal Evolution and Political Authority in Indonesia

Legal Evolution and Political Authority in Indonesia
Author :
Publisher : BRILL
Total Pages : 357
Release :
ISBN-10 : 9789004478701
ISBN-13 : 9004478701
Rating : 4/5 (01 Downloads)

Synopsis Legal Evolution and Political Authority in Indonesia by : Daniel Lev

For nearly forty years, following the collapse of Indonesia's parliamentary system, Indonesia's once independent legal institutions were transformed into dedicated instruments of a powerful elite and allowed to sink into a deep mire of corruption and malfeasance. Legal process was devastated far beyond the capacity of any simple effort at reconstruction by post-Suharto governments. Indonesia's problems in this respect surpass those of other countries in the region compelled by economic crisis to re-examine institutional structures. The works reprinted in this collection constitute a case study over time of legal decay and the rise of reform interests in one of the most complex countries in the world. Written during a period of more than thirty years, beginning in the early 1960s, the essays trace several themes in the legal history of modern Indonesia. They make clear, however, that legal history is seldom that alone, but rather, like law itself, is largely derivative, fundamentally imbedded in the interest, ideas, purposes, and contentions of local political, social, and economic power.

The Constitutional Court and Democracy in Indonesia

The Constitutional Court and Democracy in Indonesia
Author :
Publisher : BRILL
Total Pages : 348
Release :
ISBN-10 : 9789004250598
ISBN-13 : 900425059X
Rating : 4/5 (98 Downloads)

Synopsis The Constitutional Court and Democracy in Indonesia by : Simon Butt

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.

Indonesian Constitutional Reform, 1999-2002

Indonesian Constitutional Reform, 1999-2002
Author :
Publisher : Penerbit Buku Kompas
Total Pages : 496
Release :
ISBN-10 : 9797093948
ISBN-13 : 9789797093945
Rating : 4/5 (48 Downloads)

Synopsis Indonesian Constitutional Reform, 1999-2002 by : Denny Indrayana

The State and Illegality in Indonesia

The State and Illegality in Indonesia
Author :
Publisher : BRILL
Total Pages : 340
Release :
ISBN-10 : 9789004253681
ISBN-13 : 9004253688
Rating : 4/5 (81 Downloads)

Synopsis The State and Illegality in Indonesia by : E. Aspinall

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 practices by state officials are not just aberrations to the state, they are the state. Almost invariably, illegality occurs as part of collective, patterned, organized and collaborative acts, linked to the competition for political power and access to state resources. While obviously excluding many without connections, corrupt behaviour also plays integrative and stabilizing functions. Especially at the lower end of the social ladder, it gets a lot of things done and is often considered legitimate. This book may be read as a defence of area studies approaches. Without the insights that grew from applying our area studies skills, we would still be constrained by highly stylised notions of the state, which bear little resemblance to the state’s actual workings. The struggle against corruption is a long-term political process. Instead of trying to depoliticize it, we believe the key to progress is greater popular participation. With contributions from Simon Butt, Robert Cribb, Howard Dick, Michele Ford, Jun Honna, Tim Lindsey, Lenore Lyons, John McCarthy, Ross McLeod, Marcus Mietzner, Jeremy Mulholland, Gerben Nooteboom, J Danang Widoyoko and Ian Wilson. This book is the result of a series of workshops supported, among others, by the Australian-Netherlands Research Collaboration (ANRC).

The Indonesian Supreme Court

The Indonesian Supreme Court
Author :
Publisher : SEAP Publications
Total Pages : 516
Release :
ISBN-10 : 0877277389
ISBN-13 : 9780877277385
Rating : 4/5 (89 Downloads)

Synopsis The Indonesian Supreme Court by : S. Pompe

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).

Handbook of Research on Global Challenges for Improving Public Services and Government Operations

Handbook of Research on Global Challenges for Improving Public Services and Government Operations
Author :
Publisher : IGI Global
Total Pages : 622
Release :
ISBN-10 : 9781799849797
ISBN-13 : 1799849791
Rating : 4/5 (97 Downloads)

Synopsis Handbook of Research on Global Challenges for Improving Public Services and Government Operations by : Babao?lu, Cenay

As the field of public administration has been changing due to globalization, government reforms, and increasing governance practices within intergovernmental networks, research and teaching in public administration also adapted itself to these changes. Public policy research and instruction has become transformed and has diffused into other countries with the help of international organizations and other agents of change and transfer. Research in this field is seen as an opportunity for a definitive shift from traditional models of public administration in the sense that policies may be better designed, articulated, and governed through a collaborative approach, while service provision could be enhanced in terms of proximity, representativeness, and innovativeness. The Handbook of Research on Global Challenges for Improving Public Services and Government Operations provides comprehensive approaches to the study of public administration and public policy from a comparative perspective and includes sound theories and concepts for understanding opportunities and challenges governments face when seeking to improve public services and government operations. The book is a compilation of selective high-quality chapters covering cases, experiences, and practical recommendations on topics related to public administration, public policy, social policy, public management, and public affairs. This book is ideal for policymakers, students, and researchers in the field of public administration, public policy, governance, public management, public affairs, citizen engagement, and administrative sciences and management along with practitioners, stakeholders, and academicians interested in the best practices of various countries in public administration and policy.