This book provides the most comprehensive account to date of the amendment process of the Indonesian Constitution, which started after the fall of President Soeharto in 1998 and lasted until August... Show moreThis book provides the most comprehensive account to date of the amendment process of the Indonesian Constitution, which started after the fall of President Soeharto in 1998 and lasted until August 2002. It contains novel insights regarding the way in which this process unfolded and how the People’s Consultative Assembly managed to turn Indonesia’s Constitution from an authoritarian centerpiece into a solid foundation for a democratic state under the rule of law. Following the debates closely, the author presents them in such detail that the reader gets a true grasp of how the Assembly operated and how effective leadership combined with the will to reach consensus eventually overcame the enormous obstacles on the way. Show less
This study gives a comprehensive account of the public prosecutor’s role in post-authoritarian Indonesia, both in promoting the rule of law and in maintaining the political status quo. It traces... Show moreThis study gives a comprehensive account of the public prosecutor’s role in post-authoritarian Indonesia, both in promoting the rule of law and in maintaining the political status quo. It traces the development of the Indonesian prosecution service, historically and politically, exploring what and who influences its performance, as well as how public prosecutors work in practice.This research is a socio-legal study of the criminal justice system. It contributes to a number of broader debates about post-authoritarian public prosecutors and their role in promoting the rule of law. By combining criminal law, criminology, political science and anthropological theory, it provides an important framework for the analysis and critique of conditions for, impacts of, and possibilities for prosecution services in post-authoritarian countries.The case of Indonesia constitutes an example of the way in which prosecution services evolve in countries marked by authoritarian tendencies. It shows how various regimes position public prosecutors as ‘justice postmen’, who deliver cases based on the government’s interests, as well as on the interests of other powerful actors, such as political parties, companies, or the police force. Such situations are commonly seen in authoritarian countries, where the executive dominates political power, and public prosecutors have become tools of the government in maintaining political order. Show less
This research is about the actions taken by lawyers in Indonesia to win land rights for corporations. In order to perform these actions, they not only deploy the weaknesses in the law, but their... Show moreThis research is about the actions taken by lawyers in Indonesia to win land rights for corporations. In order to perform these actions, they not only deploy the weaknesses in the law, but their strategies are supplemented with an acquired structural advantage: social capital in the form of loyalty of others they have vetted, such as judges, policemen and prosecutors.The dissertation gives a comprehensive account of the field that makes the strategies possible from multiple angles, such as courts, business actors, the condition of the rules, and then continues to expose the strategies. It is concluded by highlighting the specifications to the condition of the Rule of Law in Indonesia which need special attention and offer suggestions for substantive and sustainable legal reform. Show less
