Constitutional Change and Democracy in Indonesia
Constitutional Change and Democracy in Indonesia

Author: Donald L. Horowitz

Publisher: Cambridge University Press

Published: 2013-03-25

Total Pages: 345

ISBN-13: 1107027276

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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.

Shari'a & Constitutional Reform in Indonesia
Shari'a & Constitutional Reform in Indonesia

Author: Nadirsyah Hosen

Publisher: Institute of Southeast Asian Studies

Published: 2007

Total Pages: 282

ISBN-13: 9812304029

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This book focuses on constitutional reform in Indonesia (1999-2002) from the perspective of shari'a. The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success.

Indonesia, Law and Society
Indonesia, Law and Society

Author: Timothy Lindsey

Publisher: Federation Press

Published: 2008

Total Pages: 756

ISBN-13: 9781862876606

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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.

Changing the Constitution
Changing the Constitution

Author: Great Britain. Parliament. House of Lords. Select Committee on the Constitution

Publisher:

Published: 2002

Total Pages: 94

ISBN-13:

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The remit of the Committee is to examine the constitutional implications of all public bills brought before Parliament. Their report considers whether existing procedures enable adequate parliamentary scrutiny of measures that propose constitutional change. The report contains a number of recommendations including: 1) the publication of bills in draft form should become the norm rather than the exception; 2) the Government should develop a more integrated approach to dealing with constitutional issues by reviving the Constitution Secretariat; 3) as yet, the Committee is not convinced that a dedicated department of Constitutional Affairs should be created, and finds there are strong arguments in favour of the leading responsibility for constitutional affairs remaining in the House of Lords rather than the Commons.

The Constitution of Indonesia
The Constitution of Indonesia

Author: Simon Butt

Publisher: Bloomsbury Publishing

Published: 2012-08-29

Total Pages: 196

ISBN-13: 1847319882

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For decades, Indonesia's 1945 Constitution, the second shortest in the modern world, was used as an apologia by successive authoritarian regimes. A bare-bones text originally intended as a temporary measure, it did little beyond establish basic state organs, including a powerful presidency. It did not offer citizens real guarantees or protections. These weaknesses were ruthlessly exploited by the military-backed regime that President Soeharto headed from 1966 until his fall in 1998. The (first ever) amendments to the Constitution, which began the following year and were completed in 2002, changed all this. Enlarging and rethinking the Constitution, they ushered in a liberal democratic system based around human rights, an open society and separation of powers. These reforms also created a Constitutional Court that has provided Indonesia's first judicial forum for serious debate on the interpretation and application of the Constitution, as well as its first significant and easily-accessible body of detailed and reasoned judgments. Today, Indonesian constitutional law is rich, sophisticated and complex. This book surveys this remarkable constitutional transition, assessing the implementation of Indonesia's new constitutional model and identifying its weaknesses. After covering key institutions exercising executive, legislative and judicial powers, the book focuses on current constitutional debates, ranging from human rights to decentralisation, religious freedom and control of the economy.

The Military and Democracy in Indonesia
The Military and Democracy in Indonesia

Author: Angel Rabasa

Publisher: Rand Corporation

Published: 2002-12-13

Total Pages: 185

ISBN-13: 0833034022

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The military is one of the few institutions that cut across the divides of Indonesian society. As it continues to play a critical part in determining Indonesia's future, the military itself is undergoing profound change. The authors of this book examine the role of the military in politics and society since the fall of President Suharto in 1998. They present several strategic scenarios for Indonesia, which have important implications for U.S.-Indonesian relations, and propose goals for Indonesian military reform and elements of a U.S. engagement policy.

Decentralization of Forest Administration in Indonesia
Decentralization of Forest Administration in Indonesia

Author: Christopher M. Barr

Publisher: CIFOR

Published: 2006-01-01

Total Pages: 195

ISBN-13: 9792446494

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Since the collapse of Soeharto’s New Order regime in May 1998, Indonesia’s national, provincial, and district governments have engaged in an intense struggle over how authority and the power embedded in it, should be shared. How this ongoing struggle over authority in the forestry sector will ultimately play out is of considerable significance due to the important role that Indonesia’s forests play in supporting rural livelihoods, generating economic revenues, and providing environmental services. This book examines the process of forestry sector decentralization that has occurred in post-Soeharto Indonesia, and assesses the implications of more recent efforts by the national government to recentralize administrative authority over forest resources. It aims to describe the dynamics of decentralization in the forestry sector, to document major changes that occurred as district governments assumed a greater role in administering forest resources, and to assess what the ongoing struggle among Indonesia’s national, provincial, and district governments is likely to mean for forest sustainability, economic development at multiple levels, and rural livelihoods. Drawing from primary research conducted by numerous scientists both at CIFOR and its many Indonesian and international partner institutions since 2000, this book sketches the sectoral context for current governmental reforms by tracing forestry development and the changing structure of forest administration from Indonesia’s independence in 1945 to the fall of Soeharto’s New Order regime in 1998. The authors further examine the origins and scope of Indonesia’s decentralization laws in order to describe the legal-regulatory framework within which decentralization has been implemented both at the macro-level and specifically within the forestry sector. This book also analyses the decentralization of Indonesia’s fiscal system and describes the effects of the country’s new fiscal balancing arrangements on revenue flows from the forestry sector, and describes the dynamics of district-level timber regimes following the adoption of Indonesia’s decentralization laws. Finally, this book also examines the real and anticipated effects of decentralization on land tenure and livelihood security for communities living in and around forested areas, and summarizes major findings and options for possible interventions to strengthen the forestry reform efforts currently underway in Indonesia.

Law and Politics of Constitutional Courts
Law and Politics of Constitutional Courts

Author: Stefanus Hendrianto

Publisher: Routledge

Published: 2018-04-17

Total Pages: 359

ISBN-13: 135158491X

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This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.

Democratic Transition and Constitutional Justice: Post Reformasi Constitutional Adjudication in Indonesia
Democratic Transition and Constitutional Justice: Post Reformasi Constitutional Adjudication in Indonesia

Author: Iwan Satriawan

Publisher: IIUM PRESS

Published: 2020-05-04

Total Pages: 248

ISBN-13: 967491031X

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The fall of New Order Regime under President Suharto saw the emergence of Reformasi (Reformation) and the beginning of various institutional and governmental changes done in the pursuit of democracy in Indonesia. Constitutional justice is fundamental to the success of democratic transition in the country. One of the results democratic reform and constitutional changes after Reformasi in 1998 is the establishment of the Constitutional Court of the Republic of Indonesia.