Indonesia : democracy and the promise of good governance

224 Pages·2007·4.884 MB·English

by  , Ross H. McLeod (editor), Andrew MacIntyre (editor);

The Research School of Pacific and Asian Studies (RSPAS), a part of the ANU
College of Asia and the Pacific at The Australian National University, is home to the
Indonesia Project, a major international centre of research and graduate training on the
economy of Indonesia. Established in 1965 in the School’s Division of Economics, the
Project is well known and respected in Indonesia and in other places where Indonesia
attracts serious scholarly and official interest. Funded by the ANU and the Australian
Agency for International Development (AusAID), the Indonesia Project monitors and
analyses recent economic developments in Indonesia; informs Australian governments,
business and the wider community about those developments and about future prospects;
stimulates research on the Indonesian economy; and publishes the respected Bulletin of
Indonesian Economic Studies.
The School’s Department of Political and Social Change (PSC) focuses on
domestic politics, social processes and state–society relationships in Asia and the Pacific,
and has a long-established interest in Indonesia.
Together with PSC and RSPAS, the Project holds the annual Indonesia Update
conference, which offers an overview of recent economic and political developments and
devotes attention to a significant theme in Indonesia’s development. The Project’s Bulletin
of Indonesian Economic Studies publishes the economic and political overviews, while
the proceedings related to the theme of the conference are published in the Indonesia
Update Series.
The Institute of Southeast Asian Studies (ISEAS) was established as an autonomous
organization in 1968. It is a regional centre dedicated to the study of socio-political,
security and economic trends and developments in Southeast Asia and its wider
geostrategic and economic environment.
The Institute’s research programmes are the Regional Economic Studies (RES,
including ASEAN and APEC), Regional Strategic and Political Studies (RSPS), and
Regional Social and Cultural Studies (RSCS).
ISEAS Publishing, an established academic press, has issued almost 2,000 books
and journals. It is the largest scholarly publisher of research about Southeast Asia from
within the region. ISEAS Publishing works with many other academic and trade publishers
and distributors to disseminate important research and analyses from and about Southeast
Asia to the rest of the world.
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First published in Singapore in 2007 by
ISEAS Publishing
Institute of Southeast Asian Studies
30 Heng Mui Keng Terrace
Pasir Panjang
Singapore 119614
E-mail: [email protected]
http://bookshop.iseas.edu.sg
All rights reserved. No part of this publication may be reproduced, translated, stored in
a retrieval system, or transmitted in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without the prior permission of the Institute of
Southeast Asian Studies.
© 2007 Institute of Southeast Asian Studies, Singapore
The responsibility for facts and opinions in this publication rests exclusively with the
authors and their interpretations do not necessarily reflect the views or the policy of the
Institute or its supporters.
ISEAS Library Cataloguing-in-Publication Data
Indonesia : democracy and the promise of good government / edited by Ross H.
McLeod and Andrew MacIntyre.
Based on the 24th annual Indonesia Update Conference held at the Australian
National University in 2006.
1. Indonesia—Politics and government—1998-—Congresses.
2. Decentralization of government—Indonesia.
3. Justice, Administration of—Indonesia.
4. Civil society—Indonesia—Congresses.
I. McLeod, Ross H., 1946-
II. MacIntyre, Andrew J., 1960-
III. Indonesia Update Conference (2006 : Canberra, Australia)
DS644.4 I41 2006 2007
ISBN 978-981-230-466-7 (soft cover)
ISBN 978-981-230-459-9 (hard cover)
ISBN 978-981-230-467-4 (PDF)
Copy edited and typeset by Beth Thomson, Japan Online, Canberra
Indexed by Angela Grant, Sydney
Printed in Singapore by Utopia Press Pte Ltd
BM325 ii&iv.indd 4 6/5/07 3:59:02 PM
Contents
List of Tables and Figures vii
List of Contributors ix
Acknowledgments xi
Glossary xiii
1 Introduction 1
Ross H. McLeod and Andrew MacIntyre
Part I ForMInG anD reForMInG
tHe arCHIteCtUre oF GoVernanCe
2 Indonesia’s Constitutional Change Reviewed 21
Andrew Ellis
3 Electoral and Political Party Reform 41
Benjamin Reilly
4 Tracing the Progress of Local Governments
since Decentralisation 55
I Ketut Putra Erawan
Part II tHe roLes oF GoVernMent
5 The State and the Market in Democratic Indonesia 73
Ron Duncan and Ross H. McLeod
6 Government and Private Business:
Rents, Representation and Collective Action 93
Natasha Hamilton-Hart
7 Muslim Politics in Indonesia’s Democratisation:
The Religious Majority and the Rights of Minorities
in the Post-New Order Era 115
Arskal Salim

vi Contents
8 Children, Welfare and Protection: A New Policy
Framework? 138
Sharon Bessell
Part III tHe InstItUtIons oF GoVernMent
9 The Civil Service: Towards Efficiency, Effectiveness
and Honesty 159
Staffan Synnerstrom
10 The Constitutional Court’s Decision in the Dispute
between the Supreme Court and the Judicial Commission:
Banishing Judicial Accountability? 178
Simon Butt
Index 201
LIst oF tabLes anD FIGUres
tabLes
4.1 Success of District Head in Introducing
Innovations: Summary of Findings 68
5.1 Indicators of Legal System Inadequacies 83
5.2 Indicators of Bureaucratic Impediments to Business 83
7.1 Penal Sanctions in the Anti-pornography Bill 123
7.2 Sharia Bylaws in Selected Districts and Municipalities 128
FIGUres
5.1 Growth of GDP 74
5.2 The Soeharto Franchise 77
ii

LIst oF ContrIbUtors
sharon bessell
Senior Lecturer, Crawford School of Economics and Government,
Australian National University, Canberra
simon butt
Associate Director, Asian Law Group Pty Ltd, Melbourne
ron Duncan
Foundation Executive Director, Pacific Institute of Advanced Studies
in Development and Governance, University of the South Pacific,
Suva, and Professor Emeritus, Crawford School of Economics and
Government, Australian National University, Canberra
andrew ellis
Director of Operations, International Institute for Democracy and
Electoral Assistance (IDEA), Stockholm
I Ketut Putra erawan
Leeccttuurreerr,, DDeeppaarrttmmeenntt ooff GGoovveerrnnmmeenntt aanndd GGrraadduuaattee PPrrooggrraamm ooff LLooccaall
Politics and Regional Autonomy, Gadjah Mada University, Yogyakarta
natasha Hamilton-Hart
Associate Professor, Southeast Asian Studies Programme, National
University of Singapore, Singapore
andrew MacIntyre
Director, Crawford School of Economics and Government, Australian
National University, Canberra
ross H. McLeod
Associate Professor, Indonesia Project, Division of Economics, Research
School of Pacific and Asian Studies, Australian National University,
Canberra, and Editor, Bulletin of Indonesian Economic Studies
ix
x List of Contributors
benjamin reilly
Director, Centre for Democratic Institutions, AAuussttrraalliiaann NNaattiioonnaall
University, Canberra
arskal salim
Senior Lecturer, Faculty of Syariah and Law, Syarif Hidayatullah
State Islamic University, Jakarta, and Postdoctoral Fellow, Max Planck
Institute for Social Anthropology, Halle/Saale
staffan synnerstrom
Governance Advisor, Asian Development Bank, Indonesia Resident
Mission, Jakarta