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Look Inside The Politics of Court Reform

The Politics of Court Reform
Judicial Change and Legal Culture in Indonesia

Melissa Crouch, Rifqi Assegaf, Daniel Pascoe, Fachrizal Afandi, Stijn Cornelius van Huis, Adriaan Bedner, Herlambang Perdana Wiratraman, Simon Butt, Gustaaf Reerink, Kevin Omar Sidharta, Aria Suyudi, Sofie Hewitt, Binziad Kadafi, Indriaswati Dyah Saptraningrun, Theunis Roux, Putri K. Amanda, Shaila Tieken, Sharyn Graham Davies, Santi Kusumaningrum, Ken Setiawan, Surya Tjandra, Ross Tapsell, Sita Dewi, Frank Munger, Fritz Siregar
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  • Publication planned for: November 2019
  • availability: Not yet published - available from November 2019
  • format: Hardback
  • isbn: 9781108493468

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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
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    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

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    Product details

    • Publication planned for: November 2019
    • format: Hardback
    • isbn: 9781108493468
    • dimensions: 228 x 152 mm
    • contains: 6 b/w illus. 13 tables
    • availability: Not yet published - available from November 2019
  • 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.

  • Editor

    Melissa Crouch, University of New South Wales, Sydney
    Melissa Crouch is Associate Professor at the Law Faculty, the University of New South Wales, Sydney. She holds a B.A./LL.B. and Ph.D. from the University of Melbourne. She teaches and researches on law and religion, law and governance, and comparative constitutional law, with a focus in Southeast Asia. Her research has been funded by numerous awards, including the Endeavour Australia Research Fellowship and an Australian Research Council Discovery Grant. She is the author of Law and Religion in Indonesia (2014) and The Constitution of Myanmar (forthcoming).

    Contributors

    Melissa Crouch, Rifqi Assegaf, Daniel Pascoe, Fachrizal Afandi, Stijn Cornelius van Huis, Adriaan Bedner, Herlambang Perdana Wiratraman, Simon Butt, Gustaaf Reerink, Kevin Omar Sidharta, Aria Suyudi, Sofie Hewitt, Binziad Kadafi, Indriaswati Dyah Saptraningrun, Theunis Roux, Putri K. Amanda, Shaila Tieken, Sharyn Graham Davies, Santi Kusumaningrum, Ken Setiawan, Surya Tjandra, Ross Tapsell, Sita Dewi, Frank Munger, Fritz Siregar

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