Overview

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.

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9781108737081

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Reviews

'This volume is a major forward contribution to and commentary on the pioneering work of Dan S. Lev on the law, courts and Politics of Indonesia – an ideal path for bring comparativists up to date.' Martin Shapiro, University of California, Berkeley 'Unprecedented in scope and depth, The Politics of Courts in Indonesia is a milestone in scholarly analysis of the third branch of government in Indonesia. Focusing on the array of specialist courts that have proliferated in the country over the last twenty years, it casts a critical eye on numerous aspects of the functioning – and, often, dysfunction – of the Indonesian judiciary. The contributors make a signal contribution to our understanding of the achievements and shortcomings of judicial reform, and of the place of courts in Indonesian society writ large.' Edward Aspinall, Australian National University '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

'This volume is a major forward contribution to and commentary on the pioneering work of Dan S. Lev on the law, courts and Politics of Indonesia - an ideal path for bring comparativists up to date.' Martin Shapiro, University of California, Berkeley 'Unprecedented in scope and depth, The Politics of Courts in Indonesia is a milestone in scholarly analysis of the third branch of government in Indonesia. Focusing on the array of specialist courts that have proliferated in the country over the last twenty years, it casts a critical eye on numerous aspects of the functioning - and, often, dysfunction - of the Indonesian judiciary. The contributors make a signal contribution to our understanding of the achievements and shortcomings of judicial reform, and of the place of courts in Indonesian society writ large.' Edward Aspinall, Australian National University '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

Author Information

Melissa Crouch is Associate Professor at the Law Faculty, the University of New South Wales, Sydney. She holds a B.A./LL.B. and Ph.D. from the University of Melbourne. She teaches and researches on law and religion, law and governance, and comparative constitutional law, with a focus in Southeast Asia. Her research has been funded by numerous awards, including the Endeavour Australia Research Fellowship and an Australian Research Council Discovery Grant. She is the author of Law and Religion in Indonesia (2014) and The Constitution of Myanmar (forthcoming).

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