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 Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime.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