Posted in: Law

AILA's unsuccessful petition: a narrow escape from overcriminalisation

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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.

Talking Indonesia: war on drugs

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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.

Why is the Industrial Relations Court failing workers?

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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.

Online polygamy: commodifying the fear of sex?

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Two new online applications, AyoPoligami and Nikahsirri, have caused controversy for promoting polygamy. Hendri Yulius writes that the rise of such applications is a result of a shame and fear of sex in Indonesia, as well as competing religious and secular definitions of marriage.

Is Indonesia embarking on a Philippines-style war on drugs?

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President Joko Widodo stunned many observers recently when he appeared to give the go-ahead for police to shoot drug dealers who resist arrest. Dr Dave McRae has examined media reports of police shootings and has found that the government's tough on drugs rhetoric may be affecting how police deal with these cases.

Constitutional Court lets local governments off the leash

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Over the past few months, the Constitutional Court has issued two decisions that will prevent governors and the Ministry of Home Affairs from revoking problematic local bylaws, or perda. Professor Simon Butt writes that while the decisions have yet to cause much controversy, they spell serious trouble for legal certainty and the rule of law.

Why is Ahok in prison? A legal analysis of the decision

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On 9 May, judges sentenced Basuki 'Ahok' Tjahaja Purnama to two years in prison for blasphemy, surprising many, as prosecutors had not pursued a custodial sentence. Professor Simon Butt presents a legal analysis of the decision. What arguments did the court hear and what did it accept?

Conviction politics: the jailing of Ahok

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The conviction for blasphemy of former Jakarta Governor Basuki "Ahok" Tjahaja Purnama was not a surprise, writes Professor Tim Lindsey. What was surprising was that the judges decided to follow the usual pattern in blasphemy cases when the case before them was so very unusual.

Blasphemy in Indonesia: a shield or a sword?

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In a decision that shocked many, judges last week sentenced former Jakarta Governor Basuki "Ahok" Tjahaja Purnama to two years in prison for blasphemy. Dr Stewart Fenwick, who recently completed a book on the Blasphemy Law, writes that the case demonstrates how the law and the courts can be exploited for political and religious purposes.

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