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Judicial Review and the Supreme Court in Indonesia: A New Space for Law?

From: Indonesia
Number 97, April 2014
pp. 55-85 | 10.1353/ind.2014.0011

Abstract

Abstract:

Political scientists and legal scholars have long argued that law “in practice” is primarily dictated by non-legal factors in Indonesia. While this remains largely true in post-Suharto Indonesia, it no longer appears to describe accurately the operation of the legal system in all cases. Law is becoming more relevant in new types of cases in which the state fights itself, such as in disputes between central and regional government over jurisdiction. However, the increasing space for and resort to law has highlighted major shortcomings of the rules for delineating and enforcing the powers and responsibilities of state institutions.