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.
Myth-making and Reality: A Critical Examination of Human Rights-Compliant Counterterrorism in the Philippines and Indonesia
ion would have implications for beliefs and judgments at other levels. This means not only that our normative understandings (beliefs and judgements at an abstract level) entail beliefs or judgements in particular cases, but also that judgements about particular 11 David Thacher, ‘The Normative Case Study’ (2006) 111 American Journal of Sociology 1631 -1676, 1631–1632. 12 ibid 1647 (commenting on Jacobs’ study of the vitality of cities ). 13 ibid 1645–1646 (commenting on Selznick’s study of management’s role debunking the view that it is primarily a technical activity). 14 Willard van Orman Quine, From a Logical Point of View (2nd edn, Harper Torchbooks 1961) 42, 46. 15 In the words of Rawls, “By dropping and revising some [beliefs or judgments], by reformulating and expanding others, one supposes that a systematic organization can be found [among our beliefs or judgments]. Although in order to get started various judgments are viewed as firm enough to be taken provisionally as fixed points, there are no judgments on any level of generality that are in principle immune to revision.” John Rawls, ‘The Independence of Moral Theory’ in Samuel Freeman (ed), Collected Papers (Harvard University Press 1999) 289. 10 cases can expand normative understanding. This happens when judgments about particular cases are dissonant with our pre-existing normative understandings and thus create a disequilibrium that forces us to reconsider and possibly adjust our normative understandings. This thesis aims to generate such creative moral tension and reflective disequilibrium by juxtaposing an established normative view (countering terrorism while respecting human rights) with dissonant cases. The presentation of the Philippines and Indonesia cases represent dissonant cases, which are contrasted with that established normative view.
The Rule of Law in Mongolia - Constitutional Court and Conspiratorial Parliament
This article examines the recent and controversial process of constitutional amendment in Mongolia. At stake were fundamental issues of the separation of powers, the nature and scope of the powers of the Constitutional Court and the concept of the sovereignty of the electorate. The author explores these issues as a way to reflect upon Mongolia's transition to a legal and political regime based upon the rule of law.