The Constitution of Indonesia: A Contextual Analysis(Constitutional Systems of the World)

For decades, Indonesia's 1945 Constitution, the second shortest in the modern world, was used as an apologia by successive authoritarian regimes. A bare-bones text originally intended as a temporary measure, it did little beyond establish basic state organs, including a powerful presidency. It did not offer citizens real guarantees or protections. These weaknesses were ruthlessly exploited by the military-backed regime that President Soeharto headed from 1966 until his fall in 1998. The (first ever) amendments to the Constitution, which began the following year and were completed in 2002, changed all this. Enlarging and rethinking the Constitution, they ushered in a liberal democratic system based around human rights, an open society and separation of powers. These reforms also created a Constitutional Court that has provided Indonesia's first judicial forum for serious debate on the interpretation and application of the Constitution, as well as its first significant and easily-accessible body of detailed and reasoned judgments. Today, Indonesian constitutional law is rich, sophisticated and complex. This book surveys this remarkable constitutional transition, assessing the implementation of Indonesia's new constitutional model and identifying its weaknesses. After covering key institutions exercising executive, legislative and judicial powers, the book focuses on current constitutional debates, ranging from human rights to decentralisation, religious freedom and control of the economy.

Table of Contents:

1 Indonesia's Constitutions
Introduction
Integralism in Indonesian Constitutional Thought
The Pancasila
The Pancasila and Integralism
The Persistence of Liberal Democratic Ideas: Law as Memory 1
Dismantling Integralism
Conclusion
Selected Reading
2 The Presidency
Introduction
The Constitution and the Presidency under the New Order
Amendment of Constitutional Provisions Relating to the President
Presidential Powers under the Amended Constitution
The Presidential Advisory Council
The Cabinet and Ministers
Replacement of the President
Impeachment and Dismissal
Conclusion
Selected Reading
3 National Legislatures, Representative Assemblies and Elections
Introduction
The Reconstruction of Indonesia's Legislative System
The Indonesian Legislative System Today
General Elections
The Constitutional Court's Candidacy and Electoral Jurisprudence
General Electoral Commission
Conclusion
Selected Reading
4 Judicial Power
Introduction
The Lower Courts
Special Courts Within the General Courts
The Supreme Court
Judicial Appointments and Tenure
Judicial Reform
The Judicial Commission
The Ombudsman
Conclusion
Selected Reading
5 The Constitutional Court and its Jurisdiction
Powers of the Constitutional Court
The Constitutional Court's Composition
Judicial Review
Disputed Returns and Election-Related Jurisdiction
Expanding its Own Jurisdiction
2011 Amendments to the Constitutional Court Law
The Court Strikes Back
Conclusion
Selected Reading
6 Decentralisation
Introduction
Background
Regional Government Institutions
Regional Government Jurisdictions
Avenues for Central Government Control?
Jurisdictional Dispute Resolution
Creating New Regions
Special Autonomy
Conclusion
Selected Reading
7 Human Rights
Introduction
National Human Rights Commission (Komnas HAM)
Part I: Express Constitutional Rights
Part II: Implied Rights and the Negara hukum
Part III: Obligations
Conclusion
Selected Reading
8 Religion, Pluralism and Pancasila
Introduction
The Religious Courts Case
Polygamy Case
The Preamble: Islam, the Pancasila and the Jakarta Charter
Guarantees of Religious Freedom: Articles 29, 28E and 28I
Article 28J: Restrictions on Freedom of Religion
Recognition of 'Beliefs' (Kepercayaan)
Conclusion
Selected Reading
9 Article 33 and Economic Democracy
Introduction
'State Control'
Article 33(4): Principles of the National Economy
Conclusion
Selected Reading
International
Constitutional Provisions
National Legislation
Other National Regulations and Subordinate Laws
National Decrees
Subnational Regulations
Table of Cases and Decisions
Constitutional Court Decisions
Other Decisions
Bibliography

Simon Butt is Senior Lecturer at Sydney Law School.
Tim Lindsey is Malcolm Smith Professor of Asian Law and Director of the Asian Law Centre and the Centre for Islamic Law and Society at the University of Melbourne.