Administrative Courts In Indonesia

Author : Adiaan Bedner
Publisher : BRILL
Page : 315 pages
File Size : 41,9 Mb
Release : 2021-09-06
Category : Law
ISBN : 9789004481992

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Administrative Courts in Indonesia by Adiaan Bedner Pdf

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.

Author : Sebastiaan Pompe
Publisher : Cornell University Press
Page : 512 pages
File Size : 40,8 Mb
Release : 2018-05-31
Category : Law
ISBN : 9781501718861

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The Indonesian Supreme Court by Sebastiaan Pompe Pdf

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.

Author : Tim Lindsey,Simon Butt
Publisher : Oxford University Press
Page : 416 pages
File Size : 47,5 Mb
Release : 2018-09-06
Category : Law
ISBN : 9780191665561

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Indonesian Law by Tim Lindsey,Simon Butt Pdf

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.

Author : Subekti (R.)
Publisher : Unknown
Page : 26 pages
File Size : 43,5 Mb
Release : 1964
Category : Courts
ISBN : UOM:39015017909162

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Legal Structures and Functions in Indonesia by Subekti (R.) Pdf

Author : Andrew Harding,Penelope Nicholson
Publisher : Routledge
Page : 448 pages
File Size : 45,5 Mb
Release : 2010-01-21
Category : Law
ISBN : 9781135182717

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New Courts in Asia by Andrew Harding,Penelope Nicholson Pdf

This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

Author : Jiunn-rong Yeh,Wen-Chen Chang
Publisher : Cambridge University Press
Page : 633 pages
File Size : 47,8 Mb
Release : 2014-12-11
Category : Law
ISBN : 9781107066083

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Asian Courts in Context by Jiunn-rong Yeh,Wen-Chen Chang Pdf

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

Author : Melissa Crouch
Publisher : Cambridge University Press
Page : 449 pages
File Size : 48,9 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781108493468

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The Politics of Court Reform by Melissa Crouch Pdf

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Author : Timothy Lindsey
Publisher : Unknown
Page : 454 pages
File Size : 47,5 Mb
Release : 1999
Category : Social Science
ISBN : UOM:39015022903341

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Indonesia by Timothy Lindsey Pdf

Indonesia: Law and Society is a comprehensive survey of the choices facing the world's fourth-largest country at the end of the twentieth century. It focuses on current issues including human rights, political reform, labour law, women's rights, sexuality, traditional customary land rights, judicial corruption and the status of East Timor, as well as the re-emergence of Islam: issues that have been debated since independence in 1945.Recognising that Indonesia's future is now tied to the global economy, this book also examines changing commercial culture and contract models, dispute resolution, intellectual property protection, press freedom, banking, the legal profession and the role of the economic crisis in social change.This is a book designed to give both a detailed insight into the legal and social controversies of contemporary Indonesia and to provide a general introduction to its complex legal system. Current issues are considered on the context of colonial and pre-colonial influences as well as the very different regimes of Presidents Soekarno, Soeharto and Habibie. Always the emphasis is on reformasi and prospects for the future.

Author : Melissa Crouch
Publisher : Routledge
Page : 282 pages
File Size : 42,6 Mb
Release : 2013-11-12
Category : Political Science
ISBN : 9781134508365

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Law and Religion in Indonesia by Melissa Crouch Pdf

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.

Author : E. Aspinall,G. van Klinken
Publisher : BRILL
Page : 340 pages
File Size : 43,7 Mb
Release : 2011-01-01
Category : History
ISBN : 9789004253681

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The State and Illegality in Indonesia by E. Aspinall,G. van Klinken Pdf

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).

Author : Simon Butt
Publisher : BRILL
Page : 348 pages
File Size : 52,5 Mb
Release : 2015-05-22
Category : Law
ISBN : 9789004250598

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The Constitutional Court and Democracy in Indonesia by Simon Butt Pdf

The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of the decision-making of Indonesia's Constitutional Court in democracy-related cases.

Author : Daniel Lev
Publisher : BRILL
Page : 357 pages
File Size : 42,7 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004478701

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Legal Evolution and Political Authority in Indonesia by Daniel Lev Pdf

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.

Author : Andrew Harding,Penelope Nicholson
Publisher : Routledge
Page : 444 pages
File Size : 44,6 Mb
Release : 2010-01-21
Category : Law
ISBN : 9781135182724

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New Courts in Asia by Andrew Harding,Penelope Nicholson Pdf

This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

Author : Keith E. Whittington
Publisher : Unknown
Page : 328 pages
File Size : 45,5 Mb
Release : 1999
Category : Social Science
ISBN : UOM:39076002012875

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Constitutional Interpretation by Keith E. Whittington Pdf

With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.

Author : Babao?lu, Cenay,Akman, Elvettin,Kulaç, Onur
Publisher : IGI Global
Page : 622 pages
File Size : 44,9 Mb
Release : 2020-11-20
Category : Political Science
ISBN : 9781799849797

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Handbook of Research on Global Challenges for Improving Public Services and Government Operations by Babao?lu, Cenay,Akman, Elvettin,Kulaç, Onur Pdf

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.