Law - Indonesia at Melbourne

The end of KPK prosecutions? The Gazabla Saleh case

In late May 2024, Indonesia’s Anti-corruption Commission (KPK) began prosecuting former Supreme Court Judge Gazalba Saleh in the Central Jakarta District Court. On the surface, there appeared to be nothing unusual about this case. However, the decision the three judges handed down in Saleh’s case was anything but usual. They unanimously accepted his eksepsi, holding that KPK prosecutors had no authority.

Legislature’s parting gifts to Prabowo imperil democracy

Law, Politics

Two bills currently before the Indonesian parliament raise real concerns about the future of democracy and the rule of law in Indonesia, even before Prabowo takes office in October. If enacted, these laws remove the last real checks on the power of the presidency.

Talking Indonesia: jural traditions and minority rights

Law, Religion, Talking Indonesia

How do religious minorities fare under the constitution and blasphemy laws in Indonesia? In this podcast, Elisabeth Kramer talks to Dr Al Khanif about the state of religious rights and freedom of expression, and how jural traditions, the interpretations of laws based on historical and social norms, have made it even more difficult to assert these rights.

Defending the rule of law after Prabowo’s election victory

Law

There are concerns Prabowo's approach will push reform away from ‘rule of law’ towards ‘rule by law’ because of his preference for enforcing order rather than the law, demonstrated by the long list of human rights abuses he is alleged to have committed in the past. Their concerns are valid, but the problem is bigger than Prabowo.

Indonesia is one of the world’s largest democracies, but it’s weaponising defamation laws to smother dissent

Law, Natural Resources

Two former coordinators of one of Indonesia’s most prominent human rights organisations have escaped conviction in a defamation case brought by a powerful government minister. While their astonishing acquittal is welcome, the case marked a bleak new low for freedom of expression in one of the world’s largest democracies.

Why is Indonesia still failing victims of domestic violence?

Gender, Law

There were about 18,000 reports of violence in Indonesia from January 1 to September 2023. Women were the victims in 16,000 of these and around 11,000 cases related to acts of domestic violence. So where has Indonesia gone wrong in protecting women and children from domestic violence?

Indonesian military back in the bureaucracy: the return of dual function?

2024 Indonesian Elections, Law

On 2 October, Indonesia passed a new civil service law – known as the ASN law – that reopens the door for the police and military to again take a more active role in Indonesian politics. With a presidential election just around the corner, does this new law signal impending electoral interference?

https://theconversation.com/a-twist-in-indonesias-presidential-election-does-not-bode-well-for-the-countrys-fragile-democracy-216007

A twist in Indonesia’s presidential election does not bode well for the country’s fragile democracy

2024 Indonesian Elections, Law, Politics

On Valentine’s Day next year, Indonesia will go to the polls for its most important election in ten years.After months of uncertainty, Jokowi and his circle have come out strongly in support for Prabowo, with Jokowi’s son, Gibran Rakabuming Raka, announced as his vice presidential running mate in recent days.

Indonesia’s nickel export ban: is it really in the national interest?

Economy, Law, Natural Resources

In August, President Widodo called for an end to trade discrimination at the 15th annual BRICS Summit. It was a thinly veiled criticism of the World Trade Organisation and its ruling against Indonesia’s ban on nickel exports. So what's the problem with Indonesia's nickel export ban? And what does do the WTO ruling mean for the future of Indonesian nickel?

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