The Politics of Court Reform
The Politics of Court Reform
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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.
- Provides a comprehensive overview of the complex system of general and specialised courts in Indonesia
- Expert contributors offer original research and bring a wide range of disciplinary perspectives and methodological inquiries to the study of courts in Indonesia
- Informs debates on judicial reform strategies and offers an empirical analysis of Indonesia's court reforms
Reviews & endorsements
‘This volume is a major forward contribution to and commentary on the pioneering work of Dan S. Lev on the law, courts and Politics of Indonesia – an ideal path for bring comparativists up to date.' Martin Shapiro, University of California, Berkeley
‘Unprecedented in scope and depth, The Politics of Courts in Indonesia is a milestone in scholarly analysis of the third branch of government in Indonesia. Focusing on the array of specialist courts that have proliferated in the country over the last twenty years, it casts a critical eye on numerous aspects of the functioning – and, often, dysfunction – of the Indonesian judiciary. The contributors make a signal contribution to our understanding of the achievements and shortcomings of judicial reform, and of the place of courts in Indonesian society writ large.' Edward Aspinall, Australian National University
‘This volume presents a remarkable series of critical analyses of Indonesian constitutionalism, politics, and legal practice over the two decades since the fall of Suharto's New Order – through critical re-engagements with socio-legal approaches to more than a dozen distinct court systems in the country. It is thus both an impressive tribute to the legacy of Dan S. Lev, and an important original contribution to Asian legal studies in its own right.' R. Michael Feener, Oxford Centre for Islamic Studies
Product details
May 2021Paperback
9781108737081
447 pages
230 × 150 × 25 mm
0.64kg
6 b/w illus. 13 tables
Available
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Table of Contents
- 1. The judicial reform landscape in Indonesia: innovation, specialisation and the legacy of Dan S. Lev Melissa Crouch
- Part I. Continuity and Change in the General Court System:
- 2. The Supreme Court: Reformasi, independence and the failure to ensure legal certainty Rifqi Assegaf
- 3. The District Courts: sentencing decisions as evolving legal culture? Daniel Pascoe
- 4. The 'justice system postman': the Indonesian prosecution system at work Fachrizal Afandi
- Part II. Specialised Courts Established under the New Order:
- 5. The Religious Courts: does Lev's analysis still hold? Stijn Cornelius van Huis
- 6. The Administrative Courts: the quest for consistency Adriaan Bedner and Herlambang Perdana Wiratraman
- Part III. Specialised Courts as Judicial Reform Strategy:
- 7. The Anti-corruption Courts and the persistence of judicial culture Simon Butt
- 8. The Commercial Court: a story of unfinished reforms Gustaaf Reerink, Kevin Omar Sidharta, Aria Suyudi and Sofie Hewitt
- 9. The Small Claims Court: an innovation in judicial reform Binziad Kadafi
- 10. The Fisheries Court: government-led judicial development? Indriaswati Dyah Saptraningrun
- 11. The Constitutional Court: a Levian take on its place in the Reformasi Theunis Roux
- Part IV. Courts and Rights:
- 12. The Juvenile Courts and children's rights: good intentions, flawed execution Putri K. Amanda, Shaila Tieken, Sharyn Graham Davies and Santi Kusumaningrum
- 13. The Human Rights Courts: embedding impunity Ken Setiawan
- 14. The Industrial Relations Court: challenges for labour rights Surya Tjandra
- 15. The media: megaspectacles and transparency in the courts Ross Tapsell and Sita Dewi
- 16. Lev on the links between legal evolution, political change and activism Frank Munger
- Epilogue Fritz Siregar.
