Constitution of Indonesia

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.

...the book will likely become a must-read for students and researchers of Indonesia. [It is] a good introduction to comparative and area studies, as it gives an excellent overview of the institutional framework of the country and its socio-political debates. Butt and Lindsey prove than an analysis that takes the Constitution as its lens can produce a balanced and well-rooted picture not only of the legal-institutional structure of a given country, but also of its social and historical backdrop.

• 1 Indonesia's Constitutions IntroductionIntegralism in Indonesian Constitutional Thought The Pancasila The Pancasila and Integralism The Persistence of Liberal Democratic Ideas: Law as Memory 1Dismantling Integralism ConclusionSelected Reading 2 The Presidency Introduction The Constitution and the Presidency under the New OrderAmendment 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 ConclusionSelected 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 Jurisdiction2011 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