...the book will likely become a must-read for students and researchers of Indonesia. [It is] a good introduction to comparative and area studies, as it gives an excellent overview of the institutional framework of the country and its socio-political debates. Butt and Lindsey prove than an analysis that takes the Constitution as its lens can produce a balanced and well-rooted picture not only of the legal-institutional structure of a given country, but also of its social and historical backdrop.

- Karolina Prasad, Journal of Current Southeast Asian Affairs, Volume 31(4)

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.
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For decades, Indonesia's 1945 Constitution, the second-shortest in the modern world, was used as an apologia by successive authoritarian regimes. But following the fall of President Soeharto in 1998 the amendment of the Constitution ushered in a liberal democratic system. This book surveys this remarkable constitutional transition.
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1 Indonesia's Constitutions
Introduction
Integralism in Indonesian Constitutional Thought
The Pancasila
The Pancasila and Integralism
The Persistence of Liberal Democratic Ideas: Law as Memory 1
Dismantling Integralism
Conclusion
Selected Reading
2 The Presidency
Introduction
The Constitution and the Presidency under the New Order
Amendment of Constitutional Provisions Relating to the President
Presidential Powers under the Amended Constitution
The Presidential Advisory Council
The Cabinet and Ministers
Replacement of the President
Impeachment and Dismissal
Conclusion
Selected Reading
3 National Legislatures, Representative Assemblies and Elections
Introduction
The Reconstruction of Indonesia's Legislative System
The Indonesian Legislative System Today
General Elections
The Constitutional Court's Candidacy and Electoral Jurisprudence
General Electoral Commission
Conclusion
Selected Reading
4 Judicial Power
Introduction
The Lower Courts
Special Courts Within the General Courts
The Supreme Court
Judicial Appointments and Tenure
Judicial Reform
The Judicial Commission
The Ombudsman
Conclusion
Selected Reading
5 The Constitutional Court and its Jurisdiction
Powers of the Constitutional Court
The Constitutional Court's Composition
Judicial Review
Disputed Returns and Election-Related Jurisdiction
Expanding its Own Jurisdiction
2011 Amendments to the Constitutional Court Law
The Court Strikes Back
Conclusion
Selected Reading
6 Decentralisation
Introduction
Background
Regional Government Institutions
Regional Government Jurisdictions
Avenues for Central Government Control?
Jurisdictional Dispute Resolution
Creating New Regions
Special Autonomy
Conclusion
Selected Reading
7 Human Rights
Introduction
National Human Rights Commission (Komnas HAM)
Part I: Express Constitutional Rights
Part II: Implied Rights and the Negara hukum
Part III: Obligations
Conclusion
Selected Reading
8 Religion, Pluralism and Pancasila
Introduction
The Religious Courts Case
Polygamy Case
The Preamble: Islam, the Pancasila and the Jakarta Charter
Guarantees of Religious Freedom: Articles 29, 28E and 28I
Article 28J: Restrictions on Freedom of Religion
Recognition of 'Beliefs' (Kepercayaan)
Conclusion
Selected Reading
9 Article 33 and Economic Democracy
Introduction
'State Control'
Article 33(4): Principles of the National Economy
Conclusion
Selected Reading
International
Constitutional Provisions
National Legislation
Other National Regulations and Subordinate Laws
National Decrees
Subnational Regulations
Table of Cases and Decisions
Constitutional Court Decisions
Other Decisions
Bibliography

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This book analyses the constitution of Indonesia assessing the implementation of it's new constitutional model and identifying its weaknesses.

After covering key institutions exercising executive, legislative and judicial powers, the book focuses on key current constitutional debates, ranging from human rights to decentralisation, religious freedom and control of the economy.

A useful tool for students studying the constitution of Indonesia or comparative constitutional law as well as anyone with an interest in the Indonesian constitution.

Written by experts in the field.

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Accessible, contextual introductions to the
constitutional systems of the world.
In the era of globalisation issues of constitutional law and good governance are being seen increasingly as vital issues in all types of society. Since the end of the cold war there have been dramatic developments in democratic and legal reform, and post-conflict societies are also in the throes of reconstructing their governance systems. Even societies already firmly based on constitutional governance and the rule of law have undergone constitutional change and experimentation with new forms of governance; and their constitutional systems are increasingly subjected to comparative analysis and transplantation. Constitutional texts for practically every country in the world are now easily available on the internet. However, texts which enable one to understand the true context, purposes, interpretation, and incidents of a constitutional system are much harder to locate, and are often extremely detailed and descriptive. This series seeks to provide scholars and students with accessible introductions to the constitutional systems of the world, supplying both a road map for the novice and, at the same time, a deeper understanding of the key historical, political, and legal events which have shaped the constitutional landscape of each country. Each book in the series deals with a single country or a group of countries with a common constitutional history, and each author is an expert in their field.

Countries covered by the series so far:

Australia
The Republic of Austria
Belgium
Brazil
Canada
Chile
China
The Commonwealth Caribbean
Czechia
The European Union
Finland
France
Germany
The Independent States of Central Asia
India
Indonesia
Ireland
Israel
Italy
Japan
Malaysia
Mexico
Myanmar
New Zealand
Pakistan
Poland
Romania
The Russian Federation
Singapore
South Africa
Spain
Taiwan
Thailand
The United Kingdom
The United States of America
Vietnam


PRAISE FOR THE SERIES
"This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context…There is no other series of guides quite like it" William B Ewald, Professor of Law and Philosophy, University of Pennsylvania Law School

"... ideal for undergraduate and introductory law school courses on comparative constitutional law" William E Butler, Journal of Comparative Law

"I just wanted to congratulate you on your series "Constitutional Systems of the World"… by including countries which normally don't get attention, you do a great service to a more modern comparative constitutionalism. I hope that this collection will grow!" Dr Jörg Menzel, Associate Professor, University of Bonn, Germany

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Produktdetaljer

ISBN
9781849460187
Publisert
2012-08-29
Utgiver
Bloomsbury Publishing PLC
Vekt
420 gr
Høyde
214 mm
Bredde
138 mm
Dybde
22 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
340

Biografisk notat

Simon Butt is Senior Lecturer at Sydney Law School.
Tim Lindsey is Malcolm Smith Professor of Asian Law and Director of the Asian Law Centre and the Centre for Islamic Law and Society at the University of Melbourne.