Crime and Punishment in Indonesia Routledge Law in Asia Series

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 Despite the country?s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto?s authoritarian New Order regime.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

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.