ABSTRACT

Indonesia’s criminal law system faces major challenges. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime.

Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws.

This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.

part I|71 pages

The criminal law codes

chapter 2|23 pages

The Criminal Code

chapter 3|26 pages

The Criminal Procedure Code

chapter 4|20 pages

Ordinary laws and extraordinary crimes

Criminalising genocide and crimes against humanity in the draft Criminal Code?

part II|86 pages

Crime, reform and the Courts

chapter 5|31 pages

Pretrial hearings

Safeguarding human rights or a gift to corruptors?

chapter 6|26 pages

Reconsidering reform

The Supreme Court, the Constitutional Court and Indonesia’s ‘Extraordinary Legal Measure’

part III|132 pages

Penalties and sentencing

chapter 9|33 pages

Injustice and inconsistency

Sentencing minor property offenders under Supreme Court Regulation No. 2 of 2012

chapter 10|36 pages

Manoeuvring mandatory minimum sentences

Judicial decisions on corruption

chapter 11|33 pages

The death penalty in Indonesia

Developments and prospects

part V|109 pages

Crime and religion

chapter 15|33 pages

Blasphemy prosecutions in Indonesia and the Ahok case

Majoritarianism versus liberalism

chapter 17|27 pages

Habib Rizieq Shihab and Ariel Peterpan

Law, morality and the digital era

chapter 18|14 pages

Hudud and corruption

A critical analysis of proposals to cut off the hands of the corrupt in Indonesia

part VI|54 pages

Criminal law in Aceh

chapter 19|28 pages

Aceh’s Islamic Criminal Code

Formalising discrimination