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Constitutional Democracy in Indonesia


ISBN13: 9780192870681
Published: November 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £87.00



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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.

Subjects:
Other Jurisdictions , Indonesia
Contents:
1:From authoritarianism to constitutional democracy, and back again? Indonesia's transformative authoritarian constitution, Melissa Crouch
Legal and political foundations and institutions
2:Glass half empty: the legislative powers of the Indonesian parliament and its implications for law-making, 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, Adriaan Bedner and Fachrizal Afandi
5:Striking the right balance: Winding back Indonesia's big bang decentralization, Rachel Diprose
6:Building walls rather than bridges: The Judicial Commission and the Supreme Court, Dian Rositawati
7:Constitutional and legislative foundations of Indonesia's electoral regime, Adhy Aman and Dirk Tomsa
8:Election supervision in Indonesia: Options for reforming the Election Supervision Board, Fritz Siregar
The Constitutional Court and Rights
9:Making social rights real? The 1945 constitution and social rights litigation, Andrew Rosser
10:Indigeneity in the Indonesian constitution, Yance Arizona
11:The Indonesian Constitutional Court and the informal amendment of the constitution, Stefanus Hendrianto
12:The constitutionalisation of religious values in Indonesia, Ahmad Rofii and Nadirsyah Hosen
13:LGBT rights and the Constitutional Court: Protecting without recognising rights?, Abdurrahman Satrio
14:Legal certainty in Indonesia's Constitutional Court: A critique and a friendly suggestion, Mark Cammack