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.
Retrospectivity and the Constitutional Validity of the Bali Bombing and East Timor Trials
This article discusses two instances of retrospective prosecution currently under way in Indonesia: the trials of those accused of perpetrating the Bali bombing and the trials of Indonesia's ad hoc Human Rights Court for East Timor. Both sets of trials have been clouded in uncertainty due to a recent constitutional amendment which prohibits retrospective prosecution. The prosecution of crimes against humanity is a widely acknowledged exception to the principle of non-retrospectivity. Despite this, uncertainty over the validity of the Bali and East Timor trials has not been authoritatively resolved. The issue of retrospectivity will be central to any appeals; and of critical import to the outcome of such cases is the proposed Constitutional Court and the emergence of judicial review in Indonesia. A ruling on the constitutional validity of retrospective prosecution could potentially exonerate those responsible for grave human rights violations in Bali and East Timor. Whatever the outcome, these cases will likely prove defining moments for the Indonesian judiciary.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.