Simon Butt
Dados Biográficos
| ID | 729093 |
|---|---|
| NOME | Simon Butt |
| PRENOMES | Simon |
| SOBRENOME | Butt |
| ASSINATURA | BUTT S |
| AFILIAÇÕES | The University of Sydney |
| ORCID | 0000-0001-5596-3806 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 23 |
| TOTAL DE CITAÇÕES | 28 |
| TOTAL COMO AUTOR | 22 |
| TOTAL COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2003 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 4 |
Indonesia’s new Criminal Code
In late 2022, Indonesia’s national parliament enacted a new Criminal Code, which replaced a 1918 Code introduced during Dutch colonial rule. Some provisions – such as those covering the death penalty, corporate liability and criminal settlements – have been relatively well received by reformists. But many other provisions have been widely and strongly criticised. While the Code claims to democratise, decolonise and consolidate Indonesian criminal…
Evidence from criminal law experts in Indonesian criminal trials
This article seeks to account for the recent explosion in the use of expert legal evidence given by criminal law academics in criminal trials in Indonesia. This issue has received almost no scholarly attention, despite experts sometimes even opining on the guilt or innocence of defendants. Focusing on the evidence given for criminal trials by three preeminent Indonesian legal scholars, this article examines the form and content of the evidence, t…
Multilayered Oversight
Electoral administration in Indonesia is complex. The Electoral Commission ( Komisi Pemilihan Umum ) is responsible for planning and running five-yearly elections for one national and two regional legislatures, and one additional national regional representative body, as well as direct presidential, gubernatorial, mayoral and regent elections. Because candidates and parties often have significant financial stakes in their outcome, these elections…
What Makes a Good Judge? Perspectives from Indonesia
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…
Constitutional Recognition of “Beliefs” in Indonesia
Constitutionally, Indonesia is a state “based on Almighty God,” but the Constitution does not specify any religions or belief systems. This is left to statute, which establishes six official religions that the state supports and helps administer: Islam, Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism. But Indonesia is home to a rich kaleidoscope of other beliefs ( kepercayaan ), ranging from indigenous practices predating the arr…
Indonesian Law
This book explains Indonesia’s complex legal system and how it works. Covering a wide range of substantive topics from public to private law, including commercial, criminal, and constitutional law, it is the first comprehensive survey of Indonesian law in English. Offering clear answers to practical problems of current law, each chapter sets out relevant laws and leading court decisions, accompanied by an explanation of how the law works in pract…
Marriage, Divorce, and Inheritance
Indonesia has a highly complex family law system, with different rules for Muslims and non-Muslims. This chapter offers a comprehensive overview of the rules governing marriage for both groups, including registration requirements, the status of unregistered marriages, foreign marriage, mixed marriage, underage marriage, and polygamy. It also explains divorce law (including the grounds for ‘ talak ’ divorces, custody and maintenance rules, and ruj…
The Constitutional Court
Indonesia’s Constitutional Court, established in 2003, is often called a model of judicial reform for other courts in Indonesia and throughout parts of Asia. It reviews statutes against the Constitution, hears disputes about elections and between state organs, and decides presidential impeachment motions brought by the national legislature. This chapter shows that this court started strongly, performing its functions professionally and commanding…
Religious conservatism, Islamic criminal law and the judiciary in Indonesia
This article discusses three Indonesian court cases decided in 2017 in which the interests of conservative Muslims were supported. In the first, the Constitutional Court was asked to expand the definition of various moral offences in the Criminal Code in line with Islamic conceptions of adultery and same-sex intercourse. The Court was split five judges to four, with the majority accepting the need for definitional expansion but rejecting the case…
Judicial Reasoning and Review in the Indonesian Supreme Court
This article describes and critiques the judicial reasoning of Indonesia’s Supreme Court, through the lens of the Court’s reviews of subnational laws during 2011–17. The resulting picture is a negative one. Most of the Court’s decisions were critically flawed, with either very little or no reasoning, and inconsistencies with past decisions. Worse, the Court appears keen to avoid hearing important cases that raise difficult political issues, even …
The Constitutional Court and Democracy in Indonesia
The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body tha…
The constitutional court and democracy in Indonesia
The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body tha…
Asia-Pacific Disaster Management
"The book outlines the regulatory environment for disaster prevention and management in broad social, economic and political context. The first half of the book focuses mainly on Japan, especially the 3/11 events: the earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. The second half focuses on the USA (the only other Asia-Pacific country to have experienced a ser…
Judicial Review and the Supreme Court in Indonesia
In his 2013 New Year's speech, the mayor of Lhokseumawe, Aceh, Suaidi Yahya, announced that his administration would enact a bylaw (peraturan daerah, or Perda) that prohibited women from straddling motorcycles as pillion passengers. The bylaw would require that women sit sideways on motorbikes unless they were driving. According to Yahya, the bylaw would prevent females from spreading their legs in public. Male drivers would thereby not be "provo…
Asia-Pacific
In 2006, Hanky Gunawan, an Indonesian national, was sentenced to 15 years' imprisonment by a district court in Surabaya, Indonesia's second-largest city, for producing and distributing large quantities of ecstasy. Both the prosecution and Mr Gunawan appealed to the provincial high court, and his sentence was increased to 18 years. The prosecution appealed again, this time to the Supreme Court, objecting to the perceived leniency of the sentence. …
Judicial Review and the Supreme Court in Indonesia
Debate
Asia-Pacific
In February 2012 the Indonesian Constitutional Court invalidated Article 49(1) of Indonesia’s 1974 Marriage Law — an anachronistic provision under which countless women and children had suffered. The provision stipulated that a child born ’outside of a valid marriage’ had a civil legal relationship only with its mother and mother’s family. This meant that the child could only seek support and inheritance from its mother, and only its mother’s nam…
Anti-corruption reform in indonesia
Indonesia's Anti-Corruption Court had until recently convicted all the defendants brought before it by the Corruption Eradication Commission. Many of these were well-known and politically powerful figures. Yet both the Court and the Commission are under threat. Between February and October 2011, the Anti-Corruption Courts issued more than 20 acquittals, and on 11 October 2011, for the first time, a defendant prosecuted by the KPK itself was acqui…
Judicial mafia
Judicial mafiaThe courts and state illegality in IndonesiaFor decades, Indonesians have regarded the Indonesian judiciary as one of their nation's most corrupt institutions. 1Surveys indicate that its reputation, ironically, has been for its propensity to act illegally, rather than its capacity to enforce the law, let alone deliver 'justice' (Asia Foundation and ACNielsen Indonesia 2001).Popular belief has it that most of Indonesia's judges and c…
Unlawfulness’ and corruption under Indonesian law
Indonesia's Anti-Corruption Commission and Anti-Corruption Court have a conviction rate of 100% in the 100 or so cases processed thus far. Some of those convicted for corruption have successfully challenged the constitutionality of Indonesia's anti-corruption framework in the Constitutional Court. This article discusses the impact of one Constitutional Court decision, which removed some flexibility from the definition of corruption under the Corr…
Economic Reform When the Constitution Matters
Article 33 of Indonesia's Constitution requires the state to 'control' important branches of production and natural resources. The meaning of 'control' has been a matter of significant debate since Indonesia's independence: does it require the state to manage directly, or is regulation enough? The government has recently sought to break down government monopolies and attract private investment in key sectors. To this end it has enacted a raft of …
Can Legal Diversity Exist within a Single National Law
Anti-corruption reform in indonesia
Indonesia's Anti-Corruption Court had until recently convicted all the defendants brought before it by the Corruption Eradication Commission. Many of these were well-known and politically powerful figures. Yet both the Court and the Commission are under threat. Between February and October 2011, the Anti-Corruption Courts issued more than 20 acquittals, and on 11 October 2011, for the first time, a defendant prosecuted by the KPK itself was acqui…
Unlawfulness’ and corruption under Indonesian law
Indonesia's Anti-Corruption Commission and Anti-Corruption Court have a conviction rate of 100% in the 100 or so cases processed thus far. Some of those convicted for corruption have successfully challenged the constitutionality of Indonesia's anti-corruption framework in the Constitutional Court. This article discusses the impact of one Constitutional Court decision, which removed some flexibility from the definition of corruption under the Corr…
Economic Reform When the Constitution Matters
Article 33 of Indonesia's Constitution requires the state to 'control' important branches of production and natural resources. The meaning of 'control' has been a matter of significant debate since Indonesia's independence: does it require the state to manage directly, or is regulation enough? The government has recently sought to break down government monopolies and attract private investment in key sectors. To this end it has enacted a raft of …
Judicial Reasoning and Review in the Indonesian Supreme Court
This article describes and critiques the judicial reasoning of Indonesia’s Supreme Court, through the lens of the Court’s reviews of subnational laws during 2011–17. The resulting picture is a negative one. Most of the Court’s decisions were critically flawed, with either very little or no reasoning, and inconsistencies with past decisions. Worse, the Court appears keen to avoid hearing important cases that raise difficult political issues, even …
What Makes a Good Judge? Perspectives from Indonesia
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…
Asia-Pacific
In 2006, Hanky Gunawan, an Indonesian national, was sentenced to 15 years' imprisonment by a district court in Surabaya, Indonesia's second-largest city, for producing and distributing large quantities of ecstasy. Both the prosecution and Mr Gunawan appealed to the provincial high court, and his sentence was increased to 18 years. The prosecution appealed again, this time to the Supreme Court, objecting to the perceived leniency of the sentence. …
Asia-Pacific
In February 2012 the Indonesian Constitutional Court invalidated Article 49(1) of Indonesia’s 1974 Marriage Law — an anachronistic provision under which countless women and children had suffered. The provision stipulated that a child born ’outside of a valid marriage’ had a civil legal relationship only with its mother and mother’s family. This meant that the child could only seek support and inheritance from its mother, and only its mother’s nam…
Can Legal Diversity Exist within a Single National Law
Economic Reform When the Constitution Matters
Article 33 of Indonesia's Constitution requires the state to 'control' important branches of production and natural resources. The meaning of 'control' has been a matter of significant debate since Indonesia's independence: does it require the state to manage directly, or is regulation enough? The government has recently sought to break down government monopolies and attract private investment in key sectors. To this end it has enacted a raft of …
Unlawfulness’ and corruption under Indonesian law
Indonesia's Anti-Corruption Commission and Anti-Corruption Court have a conviction rate of 100% in the 100 or so cases processed thus far. Some of those convicted for corruption have successfully challenged the constitutionality of Indonesia's anti-corruption framework in the Constitutional Court. This article discusses the impact of one Constitutional Court decision, which removed some flexibility from the definition of corruption under the Corr…
Judicial mafia
Judicial mafiaThe courts and state illegality in IndonesiaFor decades, Indonesians have regarded the Indonesian judiciary as one of their nation's most corrupt institutions. 1Surveys indicate that its reputation, ironically, has been for its propensity to act illegally, rather than its capacity to enforce the law, let alone deliver 'justice' (Asia Foundation and ACNielsen Indonesia 2001).Popular belief has it that most of Indonesia's judges and c…
Anti-corruption reform in indonesia
Indonesia's Anti-Corruption Court had until recently convicted all the defendants brought before it by the Corruption Eradication Commission. Many of these were well-known and politically powerful figures. Yet both the Court and the Commission are under threat. Between February and October 2011, the Anti-Corruption Courts issued more than 20 acquittals, and on 11 October 2011, for the first time, a defendant prosecuted by the KPK itself was acqui…
Asia-Pacific
In February 2012 the Indonesian Constitutional Court invalidated Article 49(1) of Indonesia’s 1974 Marriage Law — an anachronistic provision under which countless women and children had suffered. The provision stipulated that a child born ’outside of a valid marriage’ had a civil legal relationship only with its mother and mother’s family. This meant that the child could only seek support and inheritance from its mother, and only its mother’s nam…
Asia-Pacific Disaster Management
"The book outlines the regulatory environment for disaster prevention and management in broad social, economic and political context. The first half of the book focuses mainly on Japan, especially the 3/11 events: the earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. The second half focuses on the USA (the only other Asia-Pacific country to have experienced a ser…
Judicial Review and the Supreme Court in Indonesia
In his 2013 New Year's speech, the mayor of Lhokseumawe, Aceh, Suaidi Yahya, announced that his administration would enact a bylaw (peraturan daerah, or Perda) that prohibited women from straddling motorcycles as pillion passengers. The bylaw would require that women sit sideways on motorbikes unless they were driving. According to Yahya, the bylaw would prevent females from spreading their legs in public. Male drivers would thereby not be "provo…
Asia-Pacific
In 2006, Hanky Gunawan, an Indonesian national, was sentenced to 15 years' imprisonment by a district court in Surabaya, Indonesia's second-largest city, for producing and distributing large quantities of ecstasy. Both the prosecution and Mr Gunawan appealed to the provincial high court, and his sentence was increased to 18 years. The prosecution appealed again, this time to the Supreme Court, objecting to the perceived leniency of the sentence. …
Judicial Review and the Supreme Court in Indonesia
Debate
The Constitutional Court and Democracy in Indonesia
The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body tha…
The constitutional court and democracy in Indonesia
The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body tha…
Indonesian Law
This book explains Indonesia’s complex legal system and how it works. Covering a wide range of substantive topics from public to private law, including commercial, criminal, and constitutional law, it is the first comprehensive survey of Indonesian law in English. Offering clear answers to practical problems of current law, each chapter sets out relevant laws and leading court decisions, accompanied by an explanation of how the law works in pract…
Marriage, Divorce, and Inheritance
Indonesia has a highly complex family law system, with different rules for Muslims and non-Muslims. This chapter offers a comprehensive overview of the rules governing marriage for both groups, including registration requirements, the status of unregistered marriages, foreign marriage, mixed marriage, underage marriage, and polygamy. It also explains divorce law (including the grounds for ‘ talak ’ divorces, custody and maintenance rules, and ruj…
The Constitutional Court
Indonesia’s Constitutional Court, established in 2003, is often called a model of judicial reform for other courts in Indonesia and throughout parts of Asia. It reviews statutes against the Constitution, hears disputes about elections and between state organs, and decides presidential impeachment motions brought by the national legislature. This chapter shows that this court started strongly, performing its functions professionally and commanding…
Religious conservatism, Islamic criminal law and the judiciary in Indonesia
This article discusses three Indonesian court cases decided in 2017 in which the interests of conservative Muslims were supported. In the first, the Constitutional Court was asked to expand the definition of various moral offences in the Criminal Code in line with Islamic conceptions of adultery and same-sex intercourse. The Court was split five judges to four, with the majority accepting the need for definitional expansion but rejecting the case…
Judicial Reasoning and Review in the Indonesian Supreme Court
This article describes and critiques the judicial reasoning of Indonesia’s Supreme Court, through the lens of the Court’s reviews of subnational laws during 2011–17. The resulting picture is a negative one. Most of the Court’s decisions were critically flawed, with either very little or no reasoning, and inconsistencies with past decisions. Worse, the Court appears keen to avoid hearing important cases that raise difficult political issues, even …
Constitutional Recognition of “Beliefs” in Indonesia
Constitutionally, Indonesia is a state “based on Almighty God,” but the Constitution does not specify any religions or belief systems. This is left to statute, which establishes six official religions that the state supports and helps administer: Islam, Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism. But Indonesia is home to a rich kaleidoscope of other beliefs ( kepercayaan ), ranging from indigenous practices predating the arr…
Multilayered Oversight
Electoral administration in Indonesia is complex. The Electoral Commission ( Komisi Pemilihan Umum ) is responsible for planning and running five-yearly elections for one national and two regional legislatures, and one additional national regional representative body, as well as direct presidential, gubernatorial, mayoral and regent elections. Because candidates and parties often have significant financial stakes in their outcome, these elections…
What Makes a Good Judge? Perspectives from Indonesia
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…
Indonesia’s new Criminal Code
In late 2022, Indonesia’s national parliament enacted a new Criminal Code, which replaced a 1918 Code introduced during Dutch colonial rule. Some provisions – such as those covering the death penalty, corporate liability and criminal settlements – have been relatively well received by reformists. But many other provisions have been widely and strongly criticised. While the Code claims to democratise, decolonise and consolidate Indonesian criminal…
Evidence from criminal law experts in Indonesian criminal trials
This article seeks to account for the recent explosion in the use of expert legal evidence given by criminal law academics in criminal trials in Indonesia. This issue has received almost no scholarly attention, despite experts sometimes even opining on the guilt or innocence of defendants. Focusing on the evidence given for criminal trials by three preeminent Indonesian legal scholars, this article examines the form and content of the evidence, t…
Political science (20 obras) · Law (18 obras) · Indonesian Legal and Regulatory Studies (15 obras) · Legal Studies and Policies (12 obras) · Law (8 obras) · Asian Studies and History (7 obras) · Constitution (7 obras) · Legal and Policy Analysis in Indonesia (7 obras) · Politics (7 obras) · Supreme court (7 obras)