Overview

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.

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9780192870681

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This outstanding book shines much-needed light on the precarious state of democracy in Indonesia. Featuring a remarkable roster experts, it rings the alarm on the rising threats to rights and the rule of law in the world's third-largest democratic nation. A must-read for all who believe in democracy and constitutionalism. * Professor Richard Albert, University of Texas * Indonesia's experiment with constitutional democracy is now two decades old. As the country enters a challenging period, there is no better guide to understand developments than this volume of superb essays by an array of keen observers. The project will also inform broader debates in the field of comparative constitutional law. Highly recommended! * Professor Tom Ginsburg, University of Chicago, USA *

Indonesia's experiment with constitutional democracy is now two decades old. As the country enters a challenging period, there is no better guide to understand developments than this volume of superb essays by an array of keen observers. The project will also inform broader debates in the field of comparative constitutional law. Highly recommended! * Professor Tom Ginsburg, University of Chicago, USA *

Author Information

Melissa Crouch is Professor at the Faculty of Law & Justice at the University of New South Wales, Australia. Her research is in the areas of comparative constitutional law, law and society, and law and religion. She is the author of two books: The Constitution of Myanmar: A Contextual Analysis (2019) and Law and Religion in Indonesia: Conflict and the Courts in West Java (2014). Her current research focuses on constitutional change in authoritarian regimes.

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