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.
What Makes a Good Judge? Perspectives from Indonesia
Abstract In May 2018, Artidjo Alkostar retired from the Supreme Court of Indonesia after a judicial career spanning almost two decades. Over this period, he presided over many of Indonesia’s most prominent and controversial criminal cases and became renowned for routinely rejecting corruption appeals and increasing prison sentences. In the celebratory publications that marked his retirement, Alkostar was held up as a model judge, with senior legal figures, including Supreme Court judges, singling out his strong work ethic, integrity, simplicity of character, and firmness. Curiously absent from the list of praiseworthy attributes were pre-requisites for effective judging, including adequate legal knowledge, transparent legal reasoning and decision-making, objectivity and avoiding the perception of bias. An analysis of Alkostar’s most notorious decisions suggests that he, and the judges who served with him, did not always clearly display these pre-requisites. This article considers what this says about judging in Indonesia and what might, in practice, be the defining characteristics of a good judge there.
Constitution and human rights provisions in Indonesia: an unfinished task in the transtitional process
This conference was supported by the generosity of the Japan Foundation Asia Centre, AusAID, the Daiwa Foundation for Asia and Oceania, the Myer Foundation and The Australian National University's National Institute for Asia and the Pacific and the Humanities Research Centre.