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.
FerreresComella, V. (2009) Constitutional Courts and Democratic Values: A
European Perspective. New Haven: Yale University Press. Forbath, W. (2004) '
Comparative Avenues in Constitutional Law: An Introduction', Texas Law Review,
82, ...
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.
Decision 12122/PUUI/2003 (Electricity Law case) 120–1, 127, 254–6, 260–2
Decision 2/PUUI/2003 (Oil and Natural Gas (Migas) Law case) 254–7, 260–1
Decision 4/PUUI/2003 (Supreme Court Law case (2003)) 109 Decision 5/PUUI/
2003 ...
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.
6Law No 20 of 2001 amending Law No31of 1999. 7 The 1999 Law replaces an
earlier AntiCorruption Law (No 3 of 1971). Provisions inthe Indonesian Criminal
Code, enacted in 1918, have long prohibited corruptionin its various forms(see,
for ...
