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The Constitution of Indonesia

The Constitution of Indonesia
Author: Simon Butt
Publisher: Bloomsbury Publishing
Total Pages: 192
Release: 2012-08-29
Genre: Law
ISBN: 1847319882

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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. 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.


The 1945 Constitution

The 1945 Constitution
Author: Muhammad Ridhwan Indra
Publisher:
Total Pages: 100
Release: 1990
Genre: Constitutional history
ISBN:

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Constitutional Change and Democracy in Indonesia

Constitutional Change and Democracy in Indonesia
Author: Donald L. Horowitz
Publisher: Cambridge University Press
Total Pages: 345
Release: 2013-03-25
Genre: Law
ISBN: 1107027276

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How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.


Corporatism and the 1945 Constitution

Corporatism and the 1945 Constitution
Author: E. Fernando M. Manullang
Publisher:
Total Pages: 0
Release: 2011
Genre: Constitutional law
ISBN: 9789058507167

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This book reviews the influence of the idea of corporatism and its impacts within Indonesia's 1945 independence Constitution. As some scholars have noted, the 1945 Constitution is most likely influenced by the idea of the Integralistic State. This idea was submitted by Professor Soepomo, one of the members of the BPUPK and PPKI. Professor Soepomo explains that there are three types of State: the Marxian State, the Liberal State, and the Integralistic State. The Integralistic State is a State with roots from the idea of Hegel of a totalitarian State, which the best ideal model is German. Professor Soepomo claims that the idea itself has been accepted and has lived out within the Indonesian society for ages. Therefore, his proposal has been widely accepted by whole members, with some critics proposed by certain members, especially on the idea of basic rights which Soepomo condemns as a form of liberal ideas. However, the process has gone into eclectic results, which contains a mixture of Hegelian ideas and liberal ones on the concept of State. The problem is that all noted scholars did not realize that, on July 11, 1945, Soepomo delivered a speech in regards with the idea of Corporative State. Besides, such an idea practically was affected in the administration of President Soekarno and President Soeharto as well. These two administrations have promulgated so many laws with roots on the idea Corporatism. For instance, these administrations apply functional-centralized economic arrangements based upon the value of a totalitarian State as found in the first chapter of this book. Uniquely, even though the 1945 Constitution formally was not claimed as a corporative constitution, most of the members delivered some speeches which have been influenced by the idea of Corporatism, especially when they agree on some ideas. This book is the first and only that envisages that Indonesian independence constitution having been influenced potentially by the idea of Corporatism.


Indonesian Law

Indonesian Law
Author: Tim Lindsey
Publisher: Oxford University Press
Total Pages: 416
Release: 2018-09-06
Genre: Law
ISBN: 0191665568

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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.


The 1945 Constitution

The 1945 Constitution
Author: Quentin Schneider
Publisher:
Total Pages:
Release: 1999-01-01
Genre:
ISBN: 9780959342062

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