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.
Assessing judicial performance in Indonesia: the court for corruption crimes
New specialized courts have emerged in many countries, both in response to international pressure for legal reform and reflecting states’ own choice. Among these courts are specialized anti-corruption courts. The Indonesian Court for Corruption Crimes in Jakarta, originally established by statute in 2002, gained prominence and notoriety for its near-100 % conviction rate in over 250 cases. However, in 2010, exclusive jurisdiction over corruption cases was ‘decentralized’ to special corruption courts established in Indonesia’s 34 provincial capitals. The prudence of this has been strongly criticized, with questions raised about whether these regional courts have maintained the professionalism of the sole Jakarta court. This paper examines the rationale for the establishment of these courts and whether conviction rates are useful indicators of their performance.
STATUTES: RETROACTIVE RETROSPECTIVE REFLECTIONS
This article discusses what the author believes is one of the most difficult problems affecting the process of statutory construction: application of the presumption against retrospective operation of statutes. While application is easy in extreme cases, the author provides examples of less clear circumstances, to illustrate his working criteria regarding when the presumption ought to operate or an exception be recognized.