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Reforming Laws and Institutions in Indonesia: An Assessment

ASEDP

No.74

by Naoyuki Sakumoto and Hikmahanto Juwana
Published in 2007

CONTENTS

Preface pdf (217KB)
Chapter I
Introduction pdf (212KB)
I. Background
II. Purpose of the Study
III. Overview of Indonesian Legal reform 1998-2004
IV. Summarized Discussions and Assessments

Chapter II
I. Introduction
II. Constitutional Changes and the One-Roof System
 A. Amendment of the Constitution
 B. Amendment of the Legislation Governing the Judicial System and Establishment of the Judicial
Commission
III. Institutional Change
 A. Preparing Blueprints for Judicial Reform
 B. Implementing the one-roof system
 C. Culture Issues: Openness and Non-Career Justices
 D. Corruption and Public Image
IV. Dynamic Changes in Political and Social Relationships: The Courts and Other Organs of State
 A. Relationships between the Executive, Parliament, and the Court
 B. The Courts vs. the Judicial Commission and the Anti-Corruption Commission
V. Conclusion: Reform and its Challenge
 A. Political Will and the Ability to Manage Change
 B. External Support and Pressure


Chapter III
I. What caused the emergence of the Constitutional Court in Indonesia?
II. Four Waves of Ideas Regarding Judicial Review
 A. The Controversy between the Two Concepts of the State
 B. The concept of People’s Sovereignty with Parliamentary Supremacy
 C. Concept of People’s Sovereignty with Constitutional Supremacy
III. The Idea of the Establishment behind the Constitutional Court
 A. The Idea of Constitutionalism
 B. The Authority of the Constitutional Court
IV. The Constitutional Court in Legal Reform
V. Conclusion


Chapter IV
I. Introduction
II. Administrative Court and Practical Development
III. The Amendment of Law No. 5 of 1986 as Law No. 9 of 2004 on the Administrative Court
 A. Bailiff
 B. The Basis of the Claim
 C. The Execution of Article 116
 D. The Abolition of Article 118
IV. Presidential Regulations in the Law on Legislation Drafting
V. Conclusion


Chapter V
I. Introduction
II. Assessment of the Government’s Commitment
 A. Human Rights under Four Presidents
 B. Sectoral Human Rights in the Post-Soeharto Administrations
III. Assessment of the Legal Regulatory Framework
 A. Domestic Legislation
 B. The Ratification of International Instruments
IV. Assessment of the Domestic Trials for International Crimes
 A. The East Timor Trials
 B. The Tanjung Priok Trials
 C. Unsatisfactory Results – The Causes
V. Assessment of the War on Terror and the Promotion of Human Rights
VI. The Work of Human Rights Institutions
VII. Closing Remarks


Chapter VI
I. Introduction
II. Historical and Philosophical Background
III. Development of Indonesian IPR Laws
 A. The Need
 B. The Reality
 C. The Laws and the Legal System
IV. Conclusion

Chapter VII
I. Introduction
II. Indonesian Labor Law before 1998
III. Indonesia Labor Law Reform after 1998
IV. Conclusion and Assessment


Chapter VIII
I. Introduction
II. Two Developmental Factors of Environmental Law in Indonesia.
 A. International Impacts and the Domestification of International Environmental Law Principles
 B. Developmental Stages of Environmental Law in Indonesia
III. Problems of Environmental Law before and after Legal Reform
 A. Comparison of the EMA 1982 and the EMA 1997
 B. Problems of Environmental Law before the Legal Reform
IV. Assessment and Conclusion