Indonesian Terrorism Law and Criminal Process
This paper describes and analyses Indonesia's Anti-terrorism Law of 2002. It provides a brief background to the law's enactment, the crimes it defines, and compares the law with pre-existing provisions of Indonesia's Criminal Code that had been applied against those accused of terrorism before 2002. The paper focuses on the special procedural rules on evidence, arrest and detention provided by the Anti-terrorism Law for use in terrorism cases.
Religious conservatism, Islamic criminal law and the judiciary in Indonesia: a tale of three courts
Abstract This article discusses three Indonesian court cases decided in 2017 in which the interests of conservative Muslims were supported. In the first, the Constitutional Court was asked to expand the definition of various moral offences in the Criminal Code in line with Islamic conceptions of adultery and same-sex intercourse. The Court was split five judges to four, with the majority accepting the need for definitional expansion but rejecting the case on jurisdictional grounds, and the minority accepting the petitioners’ arguments and endorsing an increased role for religion in constitutional adjudication. In the second, the North Jakarta District Court convicted former Jakarta Governor, Basuki Tjahaja Purnama, for blaspheming Islam and sentenced him to two years’ imprisonment after a trial that appeared politically motivated. In the third, the Supreme Court was asked to consider the legal validity of the Qanun Jinayat – the Aceh Criminal Code – which adopts aspects of Islamic criminal law and procedure. Even though Code provisions appear to clearly violate human rights norms as reflected in international and Indonesian laws, the Supreme Court refused to hear the case, citing an unconvincing technicality. These three decisions do not bode well for the future of Indonesian pluralism. This article uncovers the main legal flaws in each decision and considers why these three different courts seem to have pursued similar goals in these cases.
Industrial Relations in 1988
Undoubtedly, the election of the Hawke Labor Government in 1983 marked a turning point in Australian industrial relations. To a large extent industrial turbulence receded, helped along by global econ omic instability and the influence ofthe Prices and Incomes Accord between the Australian Labor Party and the Australian Council of Trade Union (ACTU). Arguably, the apparent success of the Accord owed something to a widespread concern within unions that the election of a Liberal-National Party government at the federal level would have resulted in a major pro gram of economic regulation, especially in relation to the institutions ofthe labour market. During 1988, despite an increasingly buoyant economy, the continuing influence of these economic and political conditions ensured that the level of industrial disputation remained subdued by historical stan dards, though those opposed to the nascent corporate state or centralised wage fixing may have been heartened by signs that wage restraint was fraying at the...