Corruption and Law in Indonesia
Corruption and Law in Indonesia

Author: Simon Butt

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9780415679343

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"Post-Soeharto Indonesia is now at a critical juncture. Many defining characteristics of the 33 years of Soeharto's authoritarian rule have been discarded. Indonesia has transformed from one of Southeast Asia's most repressive and centralised political systems to its most decentralised and democratic. Its judiciary is has been made largely independent of government; economic development is solid; and its Constitution now boasts a world-standard Bill of Rights. Yet obstacles remain to Indonesia achieving the "rule of law". In particular, Indonesia is consistently rated as having some of the highest levels of corruption in the world, often attributed to the continuing influence of Soeharto-era powerbrokers and their prot©♭g©♭s. Pervasive corruption is said to hamper economic growth and prevent governance reforms aimed at improving transparency and accountability, leading some commentators to question the "quality" of Indonesian democracy and, ultimately, the longevity of post-Soeharto reform. The focus of this book is to highlight the "pushback", led by powerful entrenched political interests, against the Anti-Corruption Commission (KPK) and the Anti-Corruption Court, through legal process. The book shows that the KPK has been the target of systematic efforts aimed at undermining its success in corruption cases and, ultimately, bringing it down"--

Corruption and Law in Indonesia
Corruption and Law in Indonesia

Author: Simon Butt

Publisher: Routledge

Published: 2017-05-31

Total Pages: 204

ISBN-13: 1136618120

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Indonesia has transformed from one of South East Asia’s most repressive and centralised political systems to its most decentralised and democratic. Despite this, obstacles still remain that hinder Indonesia achieving the ‘rule of law’, and in particular, the country is consistently ranked as having one of the highest levels of corruption in the world. This book assesses Indonesia’s anti-corruption reforms over the past decade, focusing on the Anti-corruption Commission (KPK) and the Anti-corruption Court (ACC). The book discusses how both institutions have been largely successful since they began operating on 2004. Before 2008, the KPK and ACC largely focused on mid-senior level targets and faced resistance primarily in the form of constitutional challenges to their jurisdictions and powers. From 2008, however, the KPK began targeting politically-powerful figures, drawing resistance that now threatens the future efficacy of both institutions. It is largely in Indonesia’s courtrooms and lawmaking institutions that key battles between reformists and those preferring the status quo have played out. This book describes and analyses these judicial processes and legal changes. It shows that despite persistent claims that Indonesia’s legal system is dysfunctional, law is far from irrelevant in modern day Indonesia. The book is a useful contribution to South East Asian politics and Asian law.

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.

Democracy, Corruption and the Politics of Spirits in Contemporary Indonesia
Democracy, Corruption and the Politics of Spirits in Contemporary Indonesia

Author: Nils Bubandt

Publisher: Routledge

Published: 2014-06-05

Total Pages: 175

ISBN-13: 1317682521

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Indonesia has been an electoral democracy for more than a decade, and yet the political landscape of the world’s third-largest democracy is as complex and enigmatic as ever. The country has achieved a successful transition to democracy and yet Indonesian democracy continues to be flawed, illiberal, and predatory. This book suggests that this and other paradoxes of democracy in Indonesia often assume occult forms in the Indonesian political imagination, and that the spirit-like character of democracy and corruption traverses into the national media and the political elite. Through a series of biographical accounts of political entrepreneurs, all of whom employ spirits in various, but always highly contested, ways, the book seeks to provide a portrait of Indonesia’s contradictory democracy, contending that the contradictions that haunt democracy in Indonesia also infect democracy globally. Exploring the intimate ways in which the world of politics and the world of spirits are entangled, it argues that Indonesia’s seemingly peculiar problems with democracy and spirits in fact reflect a set of contradictions within democracy itself. Engaging with recent attempts to look at contemporary politics through the lens of the occult, Democracy, Corruption and the Politics of Spirits in Contemporary Indonesia will be of interest to academics in the fields of Asian Studies, Anthropology and Political Science and relevant for the study of Indonesian politics and for debates about democracy in Asia and beyond.

The Politics of Court Reform
The Politics of Court Reform

Author: Melissa Crouch

Publisher: Cambridge University Press

Published: 2021-05-20

Total Pages: 447

ISBN-13: 9781108737081

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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.

Indonesian Law
Indonesian Law

Author: Tim Lindsey

Publisher: Oxford University Press

Published: 2018-09-05

Total Pages: 651

ISBN-13: 0191665576

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Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

Crime and Punishment in Indonesia
Crime and Punishment in Indonesia

Author: Tim Lindsey

Publisher: Routledge

Published: 2020-12-14

Total Pages: 606

ISBN-13: 0429848153

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Indonesia’s criminal law system faces major challenges. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.

Modern Bribery Law
Modern Bribery Law

Author: Jeremy Horder

Publisher: Cambridge University Press

Published: 2013-04-25

Total Pages: 383

ISBN-13: 110735496X

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The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

The State and Illegality in Indonesia
The State and Illegality in Indonesia

Author: E. Aspinall

Publisher: BRILL

Published: 2011-01-01

Total Pages: 340

ISBN-13: 9004253688

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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).

Corruption and the Secret of Law
Corruption and the Secret of Law

Author: Mr Gerhard Anders

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 365

ISBN-13: 1409495965

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This volume presents an anthropological perspective on the hidden continuities between corruption and law. The authors argue that the two opposites, corruption and law, are inextricably linked - with the possibility of the former already inscribed into the latter. Taking a critical stance towards the normative good governance agenda spearheaded by institutions such as Transparency International and the World Bank, this volume argues that by uncritically depicting corruption as an absolute evil, these anti-corruption programs disregard the close relationship that exists between corruption and state power. Addressing various aspects of a complex and ambivalent phenomenon, Corruption and the Secret of Law draws on studies from different parts of the world including Burundi, China, Indonesia, Italy, Japan, Mexico and the USA and provides a valuable resource for students, researchers and policy-makers working in this area.