The Politics of Court Reform
Judicial Change and Legal Culture in Indonesia

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Melissa Crouch (Edited by)

9781108493468, Cambridge University Press

Hardback, published 19 September 2019

446 pages, 6 b/w illus. 13 tables
23.4 x 15.7 x 2.7 cm, 0.72 kg

'This volume presents a remarkable series of critical analyses of Indonesian constitutionalism, politics, and legal practice over the two decades since the fall of Suharto's New Order – through critical re-engagements with socio-legal approaches to more than a dozen distinct court systems in the country. It is thus both an impressive tribute to the legacy of Dan S. Lev, and an important original contribution to Asian legal studies in its own right.' R. Michael Feener, Oxford Centre for Islamic Studies

Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.

1. The judicial reform landscape in Indonesia: innovation, specialisation and the legacy of Dan S. Lev Melissa Crouch
Part I. Continuity and Change in the General Court System: 2. The Supreme Court: Reformasi, independence and the failure to ensure legal certainty Rifqi Assegaf
3. The District Courts: sentencing decisions as evolving legal culture? Daniel Pascoe
4. The 'justice system postman': the Indonesian prosecution system at work Fachrizal Afandi
Part II. Specialised Courts Established under the New Order: 5. The Religious Courts: does Lev's analysis still hold? Stijn Cornelius van Huis
6. The Administrative Courts: the quest for consistency Adriaan Bedner and Herlambang Perdana Wiratraman
Part III. Specialised Courts as Judicial Reform Strategy: 7. The Anti-corruption Courts and the persistence of judicial culture Simon Butt
8. The Commercial Court: a story of unfinished reforms Gustaaf Reerink, Kevin Omar Sidharta, Aria Suyudi and Sofie Hewitt
9. The Small Claims Court: an innovation in judicial reform Binziad Kadafi
10. The Fisheries Court: government-led judicial development? Indriaswati Dyah Saptraningrun
11. The Constitutional Court: a Levian take on its place in the Reformasi Theunis Roux
Part IV. Courts and Rights: 12. The Juvenile Courts and children's rights: good intentions, flawed execution Putri K. Amanda, Shaila Tieken, Sharyn Graham Davies and Santi Kusumaningrum
13. The Human Rights Courts: embedding impunity Ken Setiawan
14. The Industrial Relations Court: challenges for labour rights Surya Tjandra
15. The media: megaspectacles and transparency in the courts Ross Tapsell and Sita Dewi
16. Lev on the links between legal evolution, political change and activism Frank Munger
Epilogue Fritz Siregar.

Subject Areas: Constitutional & administrative law [LND], Public international law [LBB], Politics & government [JP]