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This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a min...
This book contains the proceedings of the First International Conference on law and human rights (ICLHR 2021). Where held on 14rd-15th April 2021 by virtually meeting in GMT+7 (Asia/Jakarta). This conference was held by Universitas Kristen Indonesia with the theme "ASEAN diversities and its principles toward ASEAN (Legal) Integration in Pandemic Era." The papers from this conference were collected in a proceedings book entitled: Proceedings of the First International Conference on law and human rights (ICLHR 2021). The presentation of such a multi-discipline conference will provide a lot of inspiring inputs and new knowledge on current trends in the fields of human rights, criminal law, civi...
In May 1998 the fall of Suharto marked the beginning of a difficult and multi-layered transition process. It was accompanied by intensified conflict in the political arena, a dramatic increase of ethnic and religious violence and the danger of national disintegration. Ten years after the collapse of the New Order, Indonesia has made significant progress, however the quality of democracy is still low. Theoretically innovative and empirically sound, this book is an in-depth analysis of the Indonesian reform process since 1998. Marco Bünte and Andreas Ufen bring together a selection of noted Indonesia experts to provide new insights into the restructuring of core state institutions, the empowerment of Parliament, the slow and difficult evolution of the rule of law, and the transfer of power to locally elected regional governments (decentralization). Based on the results of extensive fieldwork, Democratization in Post-Suharto Indonesia will be an important read for scholars engaged in research on Indonesia and the politics of Southeast Asia.
The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body that actively and independently performs its functions and one which does not shy away from difficult cases. It has earned the respect of Indonesian citizens and members of government who comply with the Court's decisions as a matter of course, despite the Court's lack of official enforcement powers. Many of the Court's decisions have been controversial, yet criticism has focused on the perceived unfairness of the outcomes. This book seeks to forge a new path in this debate by offering a balanced critique of the Constitutional Court's jurisprudence and decision-making practices.
In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial ...
Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.
Tujuan buku ini tidak hanya memberikan deskripsi pada rtataran teori, tetapi menyajikan kepuasan mendalam terhadap praktik Pegadaian Syariah di Indonesia. Ada empat fokus utama sorotan buku ini. Pertama, Gadai dalam Islam. Kedua, Perkembangan Unit Pegadaian Syariah dalam PT Pegadaian (Persero). Ketiga, Peraturan Perundang-undangan Unit Pegadaian Syariah. Keempat, Politik Hukum Indonesia tentang Pegadaian Syariah. Buku persembahan penerbit PrenadaMediaGroup
Interdisciplinary exploration of Asian understandings of human dignity and human rights in courts, religion, and socio-political changes.
Explores how proportionality analysis - a legal transplant from the West - is judicially enforced by courts around Asia.