Category: Law

Since coming to power, the administration of President Joko Widodo has accelerated the national land certification program, believing that secure land tenure can contribute to economic growth and improved welfare for rural people. But Emilianus Yakob Sese Tolo writes that land certification may have led to some unintended negative outcomes.

The years-long dispute between Freeport and the government looks to be finally nearing resolution, with the mining giant agreeing to give a majority stake in its local unit to the government. But Nurkholis Hidayat and Valerie Tan write that while Freeport and the government continue to negotiate, the rights of Freeport’s thousands of local workers have been ignored.

What deficits in criminal law is the draft revised criminal code seeking to address and how have controversial regressive articles emerged? What will the implications be for Indonesian democracy if the current draft passes? Dr Dave McRae discusses these issues and more with Anugerah Rizki Akbari in the latest episode of Talking Indonesia.

While most of Indonesian civil society was preoccupied with proposed changes to the Criminal Code, the House of Representatives (DPR) last week passed a revised version of the 2014 Law on Legislative Bodies. Dr Robertus Robet looks at the controversial changes, which he says will result in a DPR that is resistant to criticism and immune from prosecution.

On 8 February, the Constitutional Court issued a decision that paves the way for the national legislature (DPR) to compel the Corruption Eradication Commission (KPK) to attend questioning, using its so-called hak angket powers. Professor Simon Butt presents a legal analysis of the decision.

United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein last week issued a stern warning about Indonesia’s plans to revise its Criminal Code. Tim Mann looks at Hussein’s recent visit to Indonesia and questions whether the country’s engagement in the UN rights process is just window dressing.

The past two weeks have seen politicians accelerate efforts to pass long discussed reforms to the Criminal Code (KUHP) to criminalise same-sex relations. Naila Rizqi Zakiah writes that while the focus has been on homosexuality, proposed revisions are much broader, and seek to criminalise all extramarital sex, regardless of gender.

Indonesia at Melbourne will again be taking a short break over Christmas and New Year. In this final post for 2017, we look back at the analysis and commentary featured on the blog and podcast throughout the year. Thanks again for your loyal readership and support, and we look forward to seeing you again mid-January.

Last week, the Constitutional Court rejected a controversial challenge to the Criminal Code that sought to outlaw same sex sexual relations. Hendri Yulius writes that the decision is a reminder that the state is far from uniform in its response to issues of gender and sexuality.

Last week, the Constitutional Court rejected a petition from the Family Love Alliance (AILA) that sought to criminalise consensual sex outside marriage. Rafiqa Qurrata A’yun writes that AILA’s petition was an attempt to bypass the normal process of formulating criminal law, and could have had serious consequences for the rights of citizens.

What prompted President Joko Widodo to declare a drug emergency in Indonesia? Have his hard-line policies achieved their intended results? And what is the future for drug policy in the country? Dr Dirk Tomsa discusses these issues with Ricky Gunawan, director of LBH Masyarakat, in the latest Talking Indonesia podcast.

Demonstrations on International Labour Day have recently featured somewhat surprising calls for the dissolution of the Industrial Relations Court. Dr Herlambang P Wiratraman looks at why the court – originally intended to provide greater protection for workers’ rights – has failed to live up to its promise.