Tim Lindsey - Böcker

Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

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 Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime.Law enforcement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

This edited collection examines the labour laws of seven industrializing East Asian societies - China, Indonesia, Malaysia, South Korea, Taiwan, the Philippines and Vietnam - and discusses the variation in their impact across the whole region. Leading scholars from each country consider both laws pertaining to working conditions and industrial relations, and those that regulate the labour market as a whole. Legislation concerning migrant labour, gender equality, employment creation and skills formation is also examined. Adopting their own distinct theoretical perspectives, the authors trace the historical development of labour regulation and reveal that most countries in the region now have quite extensive frameworks.This book will be particularly useful to people interested in the place of labour law, and law in general, in contemporary East Asian societies.

Law reform in developing countries has become an increasingly topical subject in recent years. A critical issue is why so many law reform projects in developing economies are regarded by their sponsors and recipients as unsuccessful. This informative book:examines examples of law reform projects in post-socialist and post-authoritarian states in Asiaidentifies common problemsproposes analytical frameworks for understanding the problems identified. Though parallels between Asian models and those in developing states elsewhere in the world are strong, the book has been developed to avoid suggestion that the issues covered are somehow peculiarly ‘Asian’- indeed, it is shown that cultural relativist approaches to Asia are unsustainable. This is an invaluable reference for those involved in the areas of development economics, Asian studies and comparative politics.

Law reform in developing countries has become an increasingly topical subject in recent years. A critical issue is why so many law reform projects in developing economies are regarded by their sponsors and recipients as unsuccessful. This informative book:examines examples of law reform projects in post-socialist and post-authoritarian states in Asiaidentifies common problemsproposes analytical frameworks for understanding the problems identified. Though parallels between Asian models and those in developing states elsewhere in the world are strong, the book has been developed to avoid suggestion that the issues covered are somehow peculiarly ‘Asian’- indeed, it is shown that cultural relativist approaches to Asia are unsustainable. This is an invaluable reference for those involved in the areas of development economics, Asian studies and comparative politics.

This book explores the connections between traditional Islamic education, rising religious intolerance, religious attitudes to gender, campaigns for curricula innovation and modernisation, and politics and society in Indonesia. Drawing on extensive original research and the deep experience of the authors, the book highlights tensions between traditional Islamic educators and modernisers, and between different understandings of Islam, emphasising the importance of these issues for the future of Indonesia.

This book explores the connections between traditional Islamic education, rising religious intolerance, religious attitudes to gender, campaigns for curricula innovation and modernisation, and politics and society in Indonesia. Drawing on extensive original research and the deep experience of the authors, the book highlights tensions between traditional Islamic educators and modernisers, and between different understandings of Islam, emphasising the importance of these issues for the future of Indonesia.

Providing a critical compendium of the main tenets of contemporary Indonesian law since the fall of Soeharto in 1998, this landmark volume traces the development of key legal institutions and charts how they have fared during the last five years, investigating key judicial decisions and identifying essential reforms. Based on original research by experts in the field, including prominent Indonesian scholars and lawyers, the handbook offers detailed analysis of issues linked to the country’s increasing dysfunctional legal system, providing insights both from those within Indonesian society, as well as those external to it, on a scale not previously attempted. The book deepens understanding of the social, political, and historical context surrounding current developments in the Indonesian legal system, just as it faces one of the most crucial moments in its history where it faces uncertainty about its future, and aspirational transition to an open, democratic society that supports human rights and the rule of law.The leading reference on Indonesian law, this handbook will be an invaluable resource for academics, legal professionals and students who conduct research or work in the areas of law and society, law and development, law reform, constitutionalism, politics, history and social change, especially in the context of Indonesia and Southeast Asia.

This book investigates the development of Islam in the Philippines from a legal perspective, investigating Islam through the lens of the institutions of Islamic law.Drawing on original fieldwork, including in Mindanao, this comprehensive book covers a wide range of topics, including Islamic leadership and authority (mufti, darul ifta, and fatawa); Islamic judges and dispute resolution in Islamic courts, and alternative forms of dispute resolution; legislative codification of Islamic law especially in private law (marriage and divorce); Islamic banking and finance; and madrasahs and Islamic education. The book also offers a comprehensive, detailed, and timely socio-legal analysis of controversies relating to Islam and the long-running conflict in the Southern Philippines as Moro communities struggle with the challenges of transition to the long-awaited Bangsamoro Autonomous Region of Muslim Mindanao. This is contextualised against the wider history and politics of the southern Philippines, from pre-colonial times to 2024. The authors offer a detailed and nuanced analysis based on primary documents, as well as an account of the existing literature in the field.The book greatly enhances understandings of the social, political, and historical context of current developments in Islam in the Philippines. It will be of interest to researchers studying Islam and the administration of Islamic law, Malay Muslim communities in Southeast Asia, and the history and politics of the Philippines.

Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.

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.

Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar’s transition to democracy in a comparative setting, including Myanmar’s participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar’s legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

There are no two neighbouring countries anywhere in the world that are more different than Indonesia and Australia. They differ hugely in religion, language, culture, history, geography, race, economics, worldview and population (Indonesia, 270 million, Australia less than 10 per cent of that). In fact, Indonesia and Australia have almost nothing in common other than the accident of geographic proximity. This makes their relationship turbulent, volatile and often unpredictable.Strangers Next Door? brings together insiders and leading observers to critically assess the state of Australia–Indonesia relations and their future prospects, offering insights into why the relationship is so important for Australia, why it is so often in crisis, and what this means for the future. This book will be of interest to anyone concerned with the Indo-Pacific region, Southeast Asia, Australia and Indonesia, and each country’s politics, economy and foreign policy. It contains chapters that will interest specialists but are written in a style accessible to a general audience. The book spans a diverse range of subjects, including political relations and diplomacy, security and defence, the economy and trade, Islam, education, development, the arts, legal cooperation, the media, women, and community ties. Contributors assess the current state of relations in their sphere of expertise, and outline the factors and policies that could shape bilateral ties – and Indonesia’s future – over the coming decades. University of Melbourne scholars Tim Lindsey and Dave McRae, both prominent observers and commentators on Indonesia and its relations with Australia, edited the volume, providing a synthesising overview as well as their own thematic chapters.

There are no two neighbouring countries anywhere in the world that are more different than Indonesia and Australia. They differ hugely in religion, language, culture, history, geography, race, economics, worldview and population (Indonesia, 270 million, Australia less than 10 per cent of that). In fact, Indonesia and Australia have almost nothing in common other than the accident of geographic proximity. This makes their relationship turbulent, volatile and often unpredictable.Strangers Next Door? brings together insiders and leading observers to critically assess the state of Australia–Indonesia relations and their future prospects, offering insights into why the relationship is so important for Australia, why it is so often in crisis, and what this means for the future. This book will be of interest to anyone concerned with the Indo-Pacific region, Southeast Asia, Australia and Indonesia, and each country’s politics, economy and foreign policy. It contains chapters that will interest specialists but are written in a style accessible to a general audience. The book spans a diverse range of subjects, including political relations and diplomacy, security and defence, the economy and trade, Islam, education, development, the arts, legal cooperation, the media, women, and community ties. Contributors assess the current state of relations in their sphere of expertise, and outline the factors and policies that could shape bilateral ties – and Indonesia’s future – over the coming decades. University of Melbourne scholars Tim Lindsey and Dave McRae, both prominent observers and commentators on Indonesia and its relations with Australia, edited the volume, providing a synthesising overview as well as their own thematic chapters.

Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent a spectrum of approaches to drug regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states. This book offers the first major English language empirical investigation and comparative analysis of regulation, jurisprudence, court procedure, and practices relating to drugs law enforcement in these three states.

Winner of the Silver Axiom Business Book Award in the category of Sustainability.Headwinds of Opportunity goes beyond philosophical and academic discussion of business sustainability to offer strategic guidance regarding how to make all types of organizations function more sustainably while simultaneously improving their competitiveness. It differs from other books in that it approaches sustainability as an innovation – an innovative way of conducting business. The book is informed by time-tested principles of innovation diffusion that can be effectively applied to drive change. It places considerable emphasis on the "how-to" aspects of sustainability improvement and how they can be used to increase effectiveness.

Winner of the Silver Axiom Business Book Award in the category of Sustainability.Headwinds of Opportunity goes beyond philosophical and academic discussion of business sustainability to offer strategic guidance regarding how to make all types of organizations function more sustainably while simultaneously improving their competitiveness. It differs from other books in that it approaches sustainability as an innovation – an innovative way of conducting business. The book is informed by time-tested principles of innovation diffusion that can be effectively applied to drive change. It places considerable emphasis on the "how-to" aspects of sustainability improvement and how they can be used to increase effectiveness.

A thorough and detailed survey of Islam and the law in Indonesia today is long overdue. This volume offers an expert and systematic update of the interaction of Islam and positive law (substantive regulations and institutions) in contemporary Indonesia, where Islamic law has developed within a state-approved and secularising bureaucratic structure that valorized local traditions over the scriptures of Islam. Successive governments have sought to integrate Islam into the framework of a secular national ideology, albeit in contested form, with constant ideological debates over relevance and content. The result is an increasingly complex mixture of local traditions and norms and state secularism, with growing social and political pressure for an orthodoxy modeled more closely on Arab cultures. Based on extensive fieldwork, this volume gives a detailed account of current debates, legal institutions and substantive laws, explicitly asking whether a uniquely Indonesian approach to Shari'ah can be identified, as many local Muslim leaders have long argued is the case.

Malaysia and Brunei both apply a complex hybrid body of positive law to their Malay Muslim majorities. This volume traces the development of a unique 'Anglo-Malay madhhab' in these states, initially by colonial and latterly by successor states. In Malaysia and Brunei, shari'ah has been filtered through Anglo-common law state institutions, creating a hybrid 'Anglo-Muslim' mixture of legal doctrines. This system of jurisprudence makes only very limited reference to the classical shari'ah but draws heavily on the secular English common law and its legal traditions, procedures and principles. In post-colonial times, this system has not been accepted without resistance and this volume considers the impact of colonial and successor states on the development of legal institutions and systems of Malaysia and Brunei.

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.

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar’s transition to democracy in a comparative setting, including Myanmar’s participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar’s legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.