Overview

Indonesia’s criminal law system faces major challenges. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.

Full Product Details

Author:   Tim Lindsey ,  Helen Pausacker
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   1.060kg
ISBN:  

9780367643942

ISBN 10:   0367643944
Pages:   570
Publication Date:   01 August 2022
Audience:   College/higher education ,  General/trade ,  Tertiary & Higher Education ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

1. Crime and Punishment in Indonesia Tim Lindsey and Helen Pausacker PART I: THE CRIMINAL LAW CODES 2. The Criminal Code Simon Butt and Tim Lindsey 3. The Criminal Procedure Code Simon Butt and Tim Lindsey 4. Ordinary Laws and Extraordinary Crimes: Criminalising Genocide and Crimes against Humanity in the Draft Criminal Code? Ken M. P. Setiawan PART II: CRIME, REFORM AND THE COURTS 5. Pretrial Hearings: Safeguarding Human Rights or a Gift to Corruptors? Tim Mann 6. Reconsidering Reform: The Supreme Court, the Constitutional Court and Indonesia’s ‘Extraordinary Legal Measure’ Tim Lindsey 7. Rethinking Indonesian Extradition Law Apsari Dewi PART III: PENALTIES AND SENTENCING 8. Drivers of Prison Overcrowding in Indonesia Leopold (Leo) Sudaryono 9. Injustice and Inconsistency: Sentencing Minor Property Offenders Under Supreme Court Regulation No. 2 of 2012 Rifqi S. Assegaf 10. Manoeuvring Mandatory Minimum Sentences: Judicial Decisions on Corruption Rifqi S. Assegaf 11. The Death Penalty in Indonesia: Developments and Prospects Ricky Gunawan and Raynov T. Pamintori PART IV: CRIME AND THE ENVIRONMENT 12. Corporate Environmental Criminal Liability in Indonesia Mas Achmad Santosa and Stephanie Juwana 13. Explaining the Failure of Palm Oil Licensing in Indonesia Josi Khatarina 14. Criminal Injustice and Agrarian Conflict in Indonesia Lilis Mulyani PART V: CRIME AND RELIGION 15. Blasphemy Prosecutions in Indonesia and the Ahok Case: Majoritarianism Versus Liberalism Daniel Peterson 16. Homosexuality and the Law in Indonesia Helen Pausacker 17. Habib Rizieq Shihab and Ariel Peterpan: Law, Morality and the Digital Era Helen Pausacker 18. Hudud and Corruption: A Critical Analysis of Proposals to Cut off the Hands of the Corrupt in Indonesia Nadirsyah Hosen PART VI: CRIMINAL LAW IN ACEH 19. Aceh’s Islamic Criminal Code: Formalising Discrimination Tim Mann and Dina Afrianty 20. Aceh and Islamic Criminal Law in the Courts Simon Butt

Reviews

Read Crime and Punishment in Indonesia for unrivalled English language insights into the cases and debates that have shaped Indonesian criminal law and criminal justice since the beginning of the Reformasi period, and to under>stand Indonesian legal culture more generally. This book will help readers make sense of the socio-political context behind present and future law reforms affecting citizens’ liberties in the world’s fourth most populous country. - Daniel Pascoe, Singapore Journal of Legal Studies

Read Crime and Punishment in Indonesia for unrivalled English language insights into the cases and debates that have shaped Indonesian criminal law and criminal justice since the beginning of the Reformasi period, and to under>stand Indonesian legal culture more generally. This book will help readers make sense of the socio-political context behind present and future law reforms affecting citizens' liberties in the world's fourth most populous country. - Daniel Pascoe, Singapore Journal of Legal Studies

Author Information

Tim Lindsey is Malcolm Smith Professor of Asian Law, and Director of the Centre for Indonesian Law, Islam and Society at the University of Melbourne. Helen Pausacker is Deputy Director of the Centre for Indonesian Law, Islam and Society and a Principal Research Assistant in the Asian Law Centre, University of Melbourne.

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