1st Edition

Crime and Punishment in Indonesia



  • Available for pre-order. Item will ship after December 14, 2020
ISBN 9781138317383
December 14, 2020 Forthcoming by Routledge
560 Pages 40 B/W Illustrations

USD $215.00

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Book Description

Indonesia’s criminal law system is dysfunctional. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime.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.

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 Law and Extraordinary Crimes: The Crime of Genocide and Crimes against Humanity in the Draft Criminal Code

Ken Setiawan

 

PART II: CRIME, REFORM AND THE COURTS

5. Pra-Peradilan: Pretrial Hearings and Corruption Prosecutions

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. Penal Policy and Prison Overcrowding

Leopold (Leo) Sudaryono

9. Injustice and Inconsistency: Sentencing Minor Property Offences

Rifqi S Assegaf

10. Pattern of Court Decisions in Corruption Cases

Rifqi S Assegaf

11. The Death Penalty in Indonesia: Prospects for Abolition

Ricky Gunawan

 

PART IV: CRIME AND THE ENVIRONMENT

12. Corporate Liability and the Environment

Sukma Violetta and Mas Achmad Santosa

13. Palm Oil, Criminal Law and Non-Compliance in Natural Resources Licensing

Josi Khatarina

14. Criminal Injustice and the Agrarian Movement in Indonesia

Lilis Mulyani

 

PART V: CRIME AND RELIGION

15. Ahok: A Legal Defence to Blasphemy

Daniel Peterson

16. Homosexuality and the Law

Helen Pausacker

17. Pornography, Habib Rizieq Shihab and Ariel Peterpan – Legal Charges for Moral Issues?

Helen Pausacker

18. Hudud Punishments and Corruption Crimes

Nadirsyah Hosen

 

PART VI: CRIMINAL LAW IN ACEH

19. Qanun Jinayat: The Islamic Criminal Code in Aceh

Dina Afrianty and Tim Mann

20. Judicial Review of the Qanun Jinayat

Simon Butt

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Editor(s)

Biography

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