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Understanding and managing inter-religious relations, particularly
between Muslims and Christians, presents a challenge for states
around the world. This book investigates legal disputes between
religious communities in the world's largest majority-Muslim,
democratic country, Indonesia. It considers how the interaction
between state and religion has influenced relations between
religious communities in the transition to democracy. The book
presents original case studies based on empirical field research of
court disputes in West Java, a majority-Muslim province with a
history of radical Islam. These include criminal court cases, as
well as cases of judicial review, relating to disputes concerning
religious education, permits for religious buildings and the crime
of blasphemy. The book argues that the democratic law reform
process has been influenced by radical Islamists because of the
politicization of religion under democracy and the persistence of
fears of Christianization. It finds that disputes have been
localized through the decentralization of power and exacerbated by
the central government's ambivalent attitude towards radical
Islamists who disregard the rule of law. Examining the challenge
facing governments to accommodate minorities and manage religious
pluralism, the book furthers understanding of state-religion
relations in the Muslim world. This accessible and engaging book is
of interest to students and scholars of law and society in
Southeast Asia, was well as Islam and the state, and the legal
regulation of religious diversity.
This edited volume addresses the dynamics of the legal system of
Myanmar/Burma in the context of the dramatic but incomplete
transition to democracy that formally began in 2011. It includes
contributions from leading scholars in the field on a range of key
legal issues now facing Myanmar, such as judicial independence,
constitutional law, human rights and institutional reform. It
features chapters on the legal history of Myanmar; electoral
reform; the role of the judiciary; economic reforms; and the state
of company law. It also includes chapters that draw on the
experiences of other countries to contextualise Myanmar's
transition to democracy in a comparative setting, including
Myanmar's participation in regional bodies such as ASEAN. This
topical book comes at a critical juncture in Myanmar's legal
development and will be an invaluable resource for students and
teachers seeking greater understanding of the legal system of
Myanmar. It will also be vital reading for a wide range of
government, business and civil society organisations seeking to
re-engage with Myanmar, as it navigates a difficult transition
toward democracy and the rule of law.
This edited volume addresses the dynamics of the legal system of
Myanmar/Burma in the context of the dramatic but incomplete
transition to democracy that formally began in 2011. It includes
contributions from leading scholars in the field on a range of key
legal issues now facing Myanmar, such as judicial independence,
constitutional law, human rights and institutional reform. It
features chapters on the legal history of Myanmar; electoral
reform; the role of the judiciary; economic reforms; and the state
of company law. It also includes chapters that draw on the
experiences of other countries to contextualise Myanmar's
transition to democracy in a comparative setting, including
Myanmar's participation in regional bodies such as ASEAN. This
topical book comes at a critical juncture in Myanmar's legal
development and will be an invaluable resource for students and
teachers seeking greater understanding of the legal system of
Myanmar. It will also be vital reading for a wide range of
government, business and civil society organisations seeking to
re-engage with Myanmar, as it navigates a difficult transition
toward democracy and the rule of law.
This timely and accessible book is the first to provide a thorough
analysis of the 2008 Constitution of Myanmar (Burma) in its
historical, political and social context. The book identifies and
articulates the principles of the Constitution through an in-depth
analysis of legal and political processes and practises,
particularly since the 1990s. The core argument of this book is
that the 2008 Constitution is crucial to the establishment and
maintenance of the military-state. The military-state promotes the
leadership role of the military in governance based on a set of
ideological commitments and a centralised form of organisation
based on the concept of the Union. The book develops this argument
by demonstrating how the process of constitution-making and the
substance of the 2008 Constitution contribute to its lack of
credibility and fuel demands for reform. The vision offered by the
2008 Constitution and its associated institutions has been the
subject of fierce contestation, not least, for example, due to
concerns over the militarisation of the state. This book is
animated by debates over fundamental ideas such as the nature of
democracy, the possibility of peace and federalism, the
relationship between the executive and the legislature, relations
between the Union government and sub-national governments, debates
over judicial independence and the oversized role of the Tatmadaw
(armed forces). Central to the future of the Constitution and the
military-state is the role of the Tatmadaw, which will be a key
determinant in any potential shift from the present highly
centralised, partly-democratic Union to a federal or decentralised
democratic system of governance.
Indonesia's political and governmental structures underwent
sweeping reforms in the late 1990s. After decades of authoritarian
rule, a key aspect of the transition to constitutional democracy
during this period was the amendment of the 1945 Indonesian
Constitution - an important legal text governing the world's third
largest democracy. The amended Constitution introduced profound
changes to the legal and political system, including an emphasis on
judicial independence, a bill of rights, and the establishment of a
Constitutional Court. This volume, with chapters written by leading
experts, explores the ongoing debates over the meaning,
implementation, and practice of constitutional democracy in
Indonesia. This includes debates over the powers of the
legislature, the role of the military, the scope of
decentralisation, the protection of rights and permissible limits
on rights, the regulation of elections, the watchdog role of
accountability agencies, and the leading role of the Constitutional
Court. These legal issues are analysed in light of the contemporary
social, political, and economic environment that has seen a decline
in tolerance, freedom, and respect for minorities. Contributions to
this volume review the past two decades of reform in Indonesia and
assess the challenges to the future of constitutional democracy
amidst the wide-spread consensus on the decline of democracy in
Indonesia. Demands for amendments to the Constitution and calls to
revert to its initial form would be a reversal of Indonesia's
democratic gains.
Courts can play an important role in addressing issues of
inequality, discrimination and gender injustice for women. The
feminisation of the judiciary - both in its thin meaning of women's
entrance into the profession, as well as its thicker forms of
realising gender justice - is a core part of the agenda for gender
equality. This volume acknowledges both the diversity of meanings
of the feminisation of the judiciary, as well as the complexity of
the social and cultural realisation of gender equality. Containing
original empirical studies, this book demonstrates the past and
present challenges women face to entering the judiciary and
progressing their career, as well as when and why they advocate for
women's issues while on the bench. From stories of pioneering women
to sector-wide institutional studies of the gender composition of
the judiciary, this book reflects on the feminisation of the
judiciary in the Asia-Pacific.
Indonesia is the world's third largest democracy and its courts are
an important part of its democratic system of governance. Since the
transition from authoritarian rule in 1998, a range of new
specialised courts have been established from the Commercial Courts
to the Constitutional Court and the Fisheries Court. In addition,
constitutional and legal changes have affirmed the principle of
judicial independence and accountability. The growth of Indonesia's
economy means that the courts are facing greater demands to resolve
an increasing number of disputes. This volume offers an analysis of
the politics of court reform through a review of judicial change
and legal culture in Indonesia. A key concern is whether the
reforms that have taken place have addressed the issues of the
decline in professionalism and increase in corruption. This volume
will be a vital resource for scholars of law, political science,
law and development, and law and society.
This timely and accessible book is the first to provide a thorough
analysis of the 2008 Constitution of Myanmar (Burma) in its
historical, political and social context. The book identifies and
articulates the principles of the Constitution through an in-depth
analysis of legal and political processes and practises,
particularly since the 1990s. The core argument of this book is
that the 2008 Constitution is crucial to the establishment and
maintenance of the military-state. The military-state promotes the
leadership role of the military in governance based on a set of
ideological commitments and a centralised form of organisation
based on the concept of the Union. The book develops this argument
by demonstrating how the process of constitution-making and the
substance of the 2008 Constitution contribute to its lack of
credibility and fuel demands for reform. The vision offered by the
2008 Constitution and its associated institutions has been the
subject of fierce contestation, not least, for example, due to
concerns over the militarisation of the state. This book is
animated by debates over fundamental ideas such as the nature of
democracy, the possibility of peace and federalism, the
relationship between the executive and the legislature, relations
between the Union government and sub-national governments, debates
over judicial independence and the oversized role of the Tatmadaw
(armed forces). Central to the future of the Constitution and the
military-state is the role of the Tatmadaw, which will be a key
determinant in any potential shift from the present highly
centralised, partly-democratic Union to a federal or decentralised
democratic system of governance.
This interdisciplinary volume offers a timely reflection on law,
development and economics through empirical and comparative
perspectives on contemporary Myanmar. The book explores the
business that takes place in times of major political change
through law and development initiatives and foreign investment. The
expert contributors to this volume identify the ways in which law
reform creates new markets, embodies hopes of social transformation
and is animated by economic gain. This book is an invitation to
think carefully and critically about the intersection between law,
development and economics in times of political transition. The
chapters speak to a range of common issues - land rights, access to
finance, economic development, the role of law including its
potential and its limits, and the intersection between local
actors, globalised ideas and the international community. This
interdisciplinary book is for students, scholars and practitioners
of law and development, Asian studies, political science and
international relations.
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