Constitutional Democracy in Indonesia
Published on 25. November 2022
Book
Hardback
332 pages
978-0-19-287068-1 (ISBN)
Description
Indonesia's political and governmental structures underwent sweeping reforms in the late 1990s. After decades of authoritarian rule, a key aspect of the transition to constitutional democracy during this period was the amendment of the 1945 Indonesian Constitution - an important legal text governing the world's third largest democracy. The amended Constitution introduced profound changes to the legal and political system, including an emphasis on judicial independence, a bill of rights, and the establishment of a Constitutional Court.
This volume, with chapters written by leading experts, explores the ongoing debates over the meaning, implementation, and practice of constitutional democracy in Indonesia. This includes debates over the powers of the legislature, the role of the military, the scope of decentralisation, the protection of rights and permissible limits on rights, the regulation of elections, the watchdog role of accountability agencies, and the leading role of the Constitutional Court. These legal issues are analysed in light of the contemporary social, political, and economic environment that has seen a decline in tolerance, freedom, and respect for minorities. Contributions to this volume review the past two decades of reform in Indonesia and assess the challenges to the future of constitutional democracy amidst the wide-spread consensus on the decline of democracy in Indonesia. Demands for amendments to the Constitution and calls to revert to its initial form would be a reversal of Indonesia's democratic gains.
This volume, with chapters written by leading experts, explores the ongoing debates over the meaning, implementation, and practice of constitutional democracy in Indonesia. This includes debates over the powers of the legislature, the role of the military, the scope of decentralisation, the protection of rights and permissible limits on rights, the regulation of elections, the watchdog role of accountability agencies, and the leading role of the Constitutional Court. These legal issues are analysed in light of the contemporary social, political, and economic environment that has seen a decline in tolerance, freedom, and respect for minorities. Contributions to this volume review the past two decades of reform in Indonesia and assess the challenges to the future of constitutional democracy amidst the wide-spread consensus on the decline of democracy in Indonesia. Demands for amendments to the Constitution and calls to revert to its initial form would be a reversal of Indonesia's democratic gains.
Reviews / Votes
This outstanding book shines much-needed light on the precarious state of democracy in Indonesia. Featuring a remarkable roster experts, it rings the alarm on the rising threats to rights and the rule of law in the world's third-largest democratic nation. A must-read for all who believe in democracy and constitutionalism. * Professor Richard Albert, University of Texas * Indonesia's experiment with constitutional democracy is now two decades old. As the country enters a challenging period, there is no better guide to understand developments than this volume of superb essays by an array of keen observers. The project will also inform broader debates in the field of comparative constitutional law. Highly recommended! * Professor Tom Ginsburg, University of Chicago, USA * This is a timely publication. Not only does it serve as a useful update on scholarship about Indonesian democracy, but it arrives just before the February 2024 presidential and parliamentary elections. It will grace the library of any scholar, or anybody else, with an interest in contemporary Indonesia. * Steven Drakeley, Pacific Affairs *More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 240 mm
Width: 162 mm
Thickness: 25 mm
Weight
667 gr
ISBN-13
978-0-19-287068-1 (9780192870681)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Melissa Crouch
Constitutional Democracy in Indonesia
E-Book
03/2023
1st Edition
OUP eBook
€67.49
Available for download
Melissa Crouch
Constitutional Democracy in Indonesia
E-Book
11/2022
1st Edition
OUP eBook
€67.49
Available for download
Person
Melissa Crouch is Professor at the Faculty of Law & Justice at the University of New South Wales, Australia. Her research is in the areas of comparative constitutional law, law and society, and law and religion. She is the author of two books: The Constitution of Myanmar: A Contextual Analysis (2019) and Law and Religion in Indonesia: Conflict and the Courts in West Java (2014). Her current research focuses on constitutional change in authoritarian regimes.
Content
List of Indonesian Abbreviations
List of Contributors
1: The Limits of Transformational Authoritarian Constitutions: The Indonesian Experience
Melissa Crouch
PART 1. LEGAL AND POLITICAL FOUNDATIONS AND INSTITUTIONS
2: The Consequences of Halfway Constitutional Reform: Problems of Lawmaking in Indonesia's Parliament
Stephen Sherlock
3: Defending the Constitution, But Which One? The Indonesian Military, Constitutional Change, and Political Contestation, 1945-2020
Marcus Mietzner
4: Between Upholding the Rule of Law and Maintaining Security: Criminal Justice Actors in Indonesia's Constitution
Fachrizal Afandi and Adriaan Bedner
5: Striking the Right Balance: Winding Back Indonesia's 'Big Bang' Decentralization
Rachael Diprose
6: Building Walls Rather than Bridges: The Judicial Commission vs the Supreme Court in Indonesia
Dian Rositawati
7: The Constitutional and Legislative Foundations of Indonesia's Electoral Regime
Adhy Aman and Dirk Tomsa
8: Election Supervision in Indonesia: Options for Reforming the General Election Supervisory Agency
Fritz Siregar
PART 2. THE CONSTITUTIONAL COURT AND RIGHTS
9: Making Social Rights Real? The 1945 Constitution and Social Rights Litigation in Indonesia
Andrew Rosser
10: Indigeneity in the Indonesian Constitution
Yance Arizona
11: The Indonesian Constitutional Court and Informal Constitutional Change
Stefanus Hendrianto
12: The Constitutionalization of 'Religious Values' in Indonesia
Ahmad Rofii and Nadirsyah Hosen
13: LGBT Rights and the Constitutional Court: Protecting Rights without Recognizing them?
Abdurrachman Satrio
14: Legal Certainty in the Indonesian Constitutional Court: A Critique and Friendly Suggestion
Mark Cammack
Index
List of Contributors
1: The Limits of Transformational Authoritarian Constitutions: The Indonesian Experience
Melissa Crouch
PART 1. LEGAL AND POLITICAL FOUNDATIONS AND INSTITUTIONS
2: The Consequences of Halfway Constitutional Reform: Problems of Lawmaking in Indonesia's Parliament
Stephen Sherlock
3: Defending the Constitution, But Which One? The Indonesian Military, Constitutional Change, and Political Contestation, 1945-2020
Marcus Mietzner
4: Between Upholding the Rule of Law and Maintaining Security: Criminal Justice Actors in Indonesia's Constitution
Fachrizal Afandi and Adriaan Bedner
5: Striking the Right Balance: Winding Back Indonesia's 'Big Bang' Decentralization
Rachael Diprose
6: Building Walls Rather than Bridges: The Judicial Commission vs the Supreme Court in Indonesia
Dian Rositawati
7: The Constitutional and Legislative Foundations of Indonesia's Electoral Regime
Adhy Aman and Dirk Tomsa
8: Election Supervision in Indonesia: Options for Reforming the General Election Supervisory Agency
Fritz Siregar
PART 2. THE CONSTITUTIONAL COURT AND RIGHTS
9: Making Social Rights Real? The 1945 Constitution and Social Rights Litigation in Indonesia
Andrew Rosser
10: Indigeneity in the Indonesian Constitution
Yance Arizona
11: The Indonesian Constitutional Court and Informal Constitutional Change
Stefanus Hendrianto
12: The Constitutionalization of 'Religious Values' in Indonesia
Ahmad Rofii and Nadirsyah Hosen
13: LGBT Rights and the Constitutional Court: Protecting Rights without Recognizing them?
Abdurrachman Satrio
14: Legal Certainty in the Indonesian Constitutional Court: A Critique and Friendly Suggestion
Mark Cammack
Index