Crime and punishment in Indonesia / edited by Tim Lindsey and Helen Pausacker.

Format:

Book

Contributor:

Lindsey, Timothy, 1962- editor.

Pausacker, Helen, editor.

Taylor & Francis, distributor.

Series:

Routledge law in Asia ; 21.

Routledge law in Asia ; 21

Language:

English

Subjects (All):

Criminal justice, Administration of--Indonesia.

Criminal justice, Administration of.

Punishment--Indonesia.

Punishment.

Physical Description:

1 online resource (607 pages).

Edition:

[1st edition]

Place of Publication:

London ; New York : Routledge, Taylor & Francis Group, 2021.

Summary:

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 Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime.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

Contents:

Cover

Half Title

Series Information

Title Page

Copyright Page

Dedication

Table of contents

Contributors

Acknowledgements

Terminology

Abbreviations

Glossary

1 Crime and punishment in Indonesia

The road to dysfunction

A failing system

Crime and punishment in this book

Conclusion

Notes

References

Part I The criminal law codes

2 The Criminal Code

'Special' criminal laws

Content of KUHP

Book I: General provisions

Extra-territoriality

Inchoate offences

Complaint offences

Defences and aggravating factors

Sentencing and punishment

Fines

Recent adjustments to fine amounts

The death penalty

Books II and III: Offences

Defamation

Hate speech

Prostitution

Homosexuality

Blasphemy

Reform of the Criminal Code

Draft bill for reform of KUHP

Book I

Adat

Penalties

Corporations

Book II

Adultery

Birth control and abortion

Freedom of expression

Freedom of the press

Crimes against national ideology

Religion

Court decisions

3 The Criminal Procedure Code

Investigation

Arrest

Searches

Confiscation

Custody (temporary detention)

Bail

Rights of the accused

Right to silence

Interrogation and other rights

Right to counsel

Challenges to arrest or detention

Being named a suspect

Prosecution

Limitations on prosecution

Limitation periods

Double jeopardy

Trial procedure

Presumption of innocence

Evidence and witnesses

Appeals

Appeals against acquittals

Reconsideration

Compensation and rehabilitation

KUHAP reform

4 Ordinary laws and extraordinary crimes: Criminalising genocide and crimes against humanity in the draft Criminal Code?.

Gross human rights violations under Indonesia's New Order

'Real Legal Certainty' and gross human rights violations

Human rights reforms after 1998

Extraordinary crimes in the Human Rights Courts Law

Human Rights Courts in Indonesia

Extraordinary crimes in the Draft Criminal Code

Part II Crime, reform and the Courts

5 Pretrial hearings: Safeguarding human rights or a gift to corruptors?

A new procedural code

Key elements of the pretrial mechanism

Challenging the legality of arrest and detention

Suspect status as a matter that can be challenged

Challenging the seizure of goods and body or property searches

Challenging the dropping of investigations

Challenging the delayed processing of investigations

Supreme Court Regulation No. 4 of 2016

Setya Novanto: Untouchable no more

Pretrial hearing

Second time lucky

6 Reconsidering reform: The Supreme Court, the Constitutional Court and Indonesia's 'Extraordinary Legal Measure'

KUHAP and the revival of reconsideration

Reconsideration and the Supreme Court's caseload

Is more than one judicial reconsideration application allowed?

Constitutional Court decisions on multiple reconsiderations

Can the prosecution apply for judicial reconsideration of an acquittal?

Purposive interpretation of KUHAP

The DPR debates

Other legislative provisions on reconsideration by prosecutors

Supreme Court regulations on reconsideration by prosecutors

Supreme Court decisions on reconsideration by prosecutors

Absence of precedent

Article 263(3), KUHAP

Article 24(1), Law on Judicial Powers

The alternative approach

Context of decisions

Appealing acquittals as policy: Cassation.

Constitutional Court decisions on reconsideration by prosecutors

The draft KUHAP bill

7 Rethinking Indonesian extradition law

Outdated extradition law

Staatsblad 1883-188 Uitlevering van Vreemdelingen

Law No. 1 of 1979 on Extradition

Legal framework

The dual criminality principle

Principle of speciality

Exemptions to Extradition

Procedural obscurity of Indonesian Extradition Law

Executive

The judiciary

Pre-extradition

The main process of extradition

Surrender of the criminal

Failure to meet the modern objectives of extradition

Extradition treaties

Part III Penalties and sentencing

8 Drivers of prison overcrowding in Indonesia

Multiple impacts of prison overcrowding

Inmates and families

Staff

Budget

Drivers of prison overcrowding

The first driver: Post-98 harsh criminal policy

Large number of new offences

Minimum mandatory sentences

Lack of sentencing options

Local offences

The second driver: Excessive pre-trial detention

Legal norms

Incentives

9 Injustice and inconsistency: Sentencing minor property offenders under Supreme Court Regulation No. 2 of 2012

Overview of Supreme Court Regulation No. 2 of 2012

Four years of implementation

Evidence from district courts in and around Jakarta: Lack of compliance

Examples from other jurisdictions

Decisions that applied or mentioned the regulation: General

(Mis)interpretation and inconsistency

Calculation of loss and potential mark-up

Charging minor offences under special statutes

Explaining the data

Issues in registration and distribution of cases

Pragmatic reasons: Preventing appeal and smoothing investigation

Preventing an appeal.

Smoothing the investigation and trial

Corruption in the criminal justice system

Disagreement with the regulation, mindset issues and draconian laws

Lack of seriousness of the Supreme Court

10 Manoeuvring mandatory minimum sentences: Judicial decisions on corruption

An overview of minimum penalties in special statutes, issues surrounding them, and law enforcers and courts' responses

Law enforcers' and courts' response to minimum sentences: General picture

The Supreme Court's position on minimum penalties

Manoeuvring the mandatory minimum in sentencing corruption cases

The problematic articles 2(1) and 3 of the Corruption Eradication Law and light sentences: The Supreme Court's solutions

After the 2012 Supreme Court guidelines: Almost one hundred per cent compliance with minimum penalties but light punishment

Escaping the severe minimum sentence: Deliberately misinterpreting the Corruption Eradication Law and the Circular Letter

Enriching v. profiting

'Any person': General and specific

Reading a subsidiary charge as an alternative charge

Interpreting the Rp. 100 million threshold as illicit gain obtained

Self-contradicting interpretations

Understanding the practices

Doing justice to petty corruptors

Paradigm issues: Returning state loss and light punishment are enough

Lack of robustness of the case

Improper influence: The usual suspect

11 The death penalty in Indonesia: Developments and prospects

Legal framework of the death penalty in Indonesia

Constitutional provisions

Criminal procedure

Death penalty and execution by numbers

Developments in the death penalty in Indonesia: Legal and political analysis

The rise in mass executions

Justification for the executors.

The executions of July 2016: A personal account of a turning point

A calm anomaly

Legislation and court judgment developments

Part IV Crime and the environment

12 Corporate environmental criminal liability in Indonesia

Why corporate criminal liability is important

The historical development of the recognition of corporate criminal liability in Indonesia

How Indonesian laws regulate corporate criminal liability

Corporation as a legal subject

Corporate crime

Defining mens rea and actus reus within the context of corporate criminal liability

Criteria for corporate liability

Attorney General's Regulation PER-028/A/JA/1-/2014 on Guidance for the Handling of Criminal Cases with Corporations as Legal Subject

Supreme Court Regulation No. 13 of 2016 on Guidance for the Handling of Crimes Committed by Corporation

Models of corporate criminal liability found in Indonesian laws

Sanctions against corporations

Liability of natural persons within the corporation

Criminal procedural system in Indonesia relating to corporate criminal liability

Attorney General's Regulation

Supreme Court Regulation

Comparison of laws

Environmental corporate criminal liability cases in Indonesia

PT Dongwoo Environmental Indonesia

Analysis

PT Kallista Alam

PT Indominco Mandiri

PT Baruna Segara Mandiri

Problems with corporate criminal liability regulation and implementation in Indonesia

13 Explaining the failure of palm oil licensing in Indonesia

The proliferation of licences and their irregularities

Sanctions in the environmental and natural resource management legal framework

A non-unified approach

The tendency toward a coercive approach

The absence of enforcement.

2007 Spatial Planning Law.

Notes:

Description based on print version record.

ISBN:

0-429-45524-0

0-429-84814-5

9780429455247

OCLC:

1203963851