Nadirsyah Hosen
Monash University, Faculty of Law, Faculty Member
- Nadirsyah Hosen is an Associate Professor and Deputy Associate Dean (International) at the Faculty of Law, Monash Uni... moreNadirsyah Hosen is an Associate Professor and Deputy Associate Dean (International) at the Faculty of Law, Monash University. Prior to this role, Nadir was an Associate Professor at the School of Law, University of Wollongong. He researches on Indonesian law and Shari'a law, along with the issue of Law and Religionedit
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Review(s) of: Indonesia: Law and Society, by Tim Lindsey (ed), The Federation Press, 2nd Edition, 2008, ISBN 9781862876927, Hardcover; 9781862876606, Paperback, AU$99, 752 Pages. Includes footnotes.
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... Among others, Attorney General Andi Ghalib, also strongly rejected the idea of such a Commission. ... since his office was ready to fight and combat corrup-tion.13 He could not agree to a committee that had the same powers as his own... more
... Among others, Attorney General Andi Ghalib, also strongly rejected the idea of such a Commission. ... since his office was ready to fight and combat corrup-tion.13 He could not agree to a committee that had the same powers as his own office, 12 Habibie Setuju Komisi Korupsi ...
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This chapter focuses on the presidential system of Indonesia. The amendments to the 1945 Constitution have transformed the constitution from a vague and incomplete document rooted in the antidemocratic political philosophy of organic... more
This chapter focuses on the presidential system of Indonesia. The amendments to the 1945 Constitution have transformed the constitution from a vague and incomplete document rooted in the antidemocratic political philosophy of organic statism into a more coherent, complete, democratic framework for a presidential system with significant separation of powers and checks and balances. The very fact that Indonesia is the largest Muslim country in the world did not lead Islamic political parties to propose that Indonesia should become an Islamic state. According to the amendments, Indonesia remains a republic, with a presidential system and three branches of government. The chapter discusses the form of the Indonesian state, method of election, requirements, accountability, and relationship among the executive, the parliament, and the judiciary.
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Prior to the reform era the Constitution of Indonesia of 1945 favored the dominance of the executive branch: as its superiority over the legislative branch was written clearly into the constitution. However, the governing political... more
Prior to the reform era the Constitution of Indonesia of 1945 favored the dominance of the executive branch: as its superiority over the legislative branch was written clearly into the constitution. However, the governing political institutions have drastically changed, through the amendments to the constitution that were enacted during the period 1999-2002. Constitutional reform in Indonesia responded to popular demands following more than thirty years of authoritarian rule by President Soeharto who had come to power by ousting his predecessor Soekarno through a coup in 1967 and had tightly controlled all levers of power before he was finally forced to resign by massive public protests in 1998. They included calls for a less powerful presidency, a multiparty system, a more powerfull parliament, and a reduction in, or eradication of, parliamentary seats for the military in the House of Representatives (Dewan Perwakilan Rakyat, DPR). It could be argued that reform of the 1945 Constitution has been one of the most important aspects of the transition to democracy in Indonesia, which began in 1998. Despite the weaknesses in the 1945 Constitution as a basis for democracy, it was explicitly or implicitly accepted by most major political forces as the framework for the transition in Indonesia that began in 1998. Subsequently, however, the most important political parties cam,e to believe that the constitution had to be amended to address weaknesses in the country\u27s political structure
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The resignation of President Soeharto 1998 opened a new era in Indonesia. The time to reform the Indonesian political system, to protect human rights and press and press freedom, and to eliminate systematic and systemic corruption, had... more
The resignation of President Soeharto 1998 opened a new era in Indonesia. The time to reform the Indonesian political system, to protect human rights and press and press freedom, and to eliminate systematic and systemic corruption, had arrived. This book traces the process of major law reforms which took place in Indonesia during the habibie era, from May 1998 to October 1999, arguably as a critical period in the history of Indonesia’s moves toward becoming a democratic country. The book also provides final chapter on 12 years of Indonesian transition and examines the new structure of Indonesian state after the Amandements of the 1945 Constitution in 2002-2004, and the issue of national security and the rule of law after 9/11 and Bali bombing in 2002.
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In this afterword to 'Law and Religion in Public Life: The Contemporary Debate', the editors consider the role of religion in everyday life. Recognising a malaise deriving from barriers between an instrumental rationalism... more
In this afterword to 'Law and Religion in Public Life: The Contemporary Debate', the editors consider the role of religion in everyday life. Recognising a malaise deriving from barriers between an instrumental rationalism and ethical considerations, we propose increasing dialogue with and between religions. Law may intervene in or guide this dialogue by defending a free market in religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates. There is also scope for religious tribunals under certain conditions. Drawing on Chiba’s legal pluralism, we sketch a robust multicultural model compatible with ideals of Islam as well as an inclusive secular republic of citizens. This is a slightly modified version of the afterword to Law and Religion in Public Life: The Contemporary Debate (ed N. Hosen and R. Mohr, Routledge 2011; paperback 2013). Works by Abdalla, Babie, Davies, Lawrence and Leone, to which we refer, may be found in this book.
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This article examines the personal backgrounds of the Constitutional Court judges from 2003 to 2015, particularly their Islamic affiliations. It asks: to what extent have such ‘Islamic’ backgrounds and connections influenced their... more
This article examines the personal backgrounds of the Constitutional Court judges from 2003 to 2015, particularly their Islamic affiliations. It asks: to what extent have such ‘Islamic’ backgrounds and connections influenced their decisions? Is it true that judges who have strong connections with Islam may act as defenders of Shari’a, and not as guardians of the Constitution? The article offers critical observations regarding the impact of ‘Islamic’ judges on the issue of the relationship between Shari’a and the Constitution in Indonesia. It argues that a judge’s (publicly perceived) personal (Muslim) beliefs and their expertise in Shari'a law can, in fact, make him or her a better advocate for maintaining the Constitution. This can be seen as a clear indication of the compatibility of Islamic law and the Constitution in Indonesia.
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... 21 Wahbah al-Zuhaili, an 'alim who currently teaches at the University of Damascus, writes (al-Zuhaili, 1986: Vol 2, pp. ... can be used... more
... 21 Wahbah al-Zuhaili, an 'alim who currently teaches at the University of Damascus, writes (al-Zuhaili, 1986: Vol 2, pp. ... can be used for issuing the fatwa, hierarchically, are: firstly, any opinion based on the views or the agreement of Imam al-Nawawi and Imam al-Rafi'i. Secondly ...
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The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It... more
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states
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... 16 Anwar Harjono, Perjalanan Politik Bangsa (Jakarta: Gema Insani Press, 1997), pp ... Christmas celebrations, which was free from govern-mental influence or even opposed to government policy.31 Professor Yafie, Professor Ali Mustafa... more
... 16 Anwar Harjono, Perjalanan Politik Bangsa (Jakarta: Gema Insani Press, 1997), pp ... Christmas celebrations, which was free from govern-mental influence or even opposed to government policy.31 Professor Yafie, Professor Ali Mustafa Yaqub and Dr M. Anwar Ibrahim ask why ...
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Technologies have always played an important, but neglected, role in constituting social orders and setting the boundaries for human action. Law and religion are two persistent systems that use, organise and regulate these socio-technical... more
Technologies have always played an important, but neglected, role in constituting social orders and setting the boundaries for human action. Law and religion are two persistent systems that use, organise and regulate these socio-technical operations. The increased importance of religion in social, legal and political affairs demands new approaches to interdisciplinary scholarship. This symposium looks at the juridical, spiritual and material aspects of human life by analysing social and technological interactions in law and religion.
While the form of technology may have changed from symbolic regimes to ICT, from icons to apps, the interactions between humans and technics illustrate many persistent forms and social mechanisms, from architecture to ritual and performative enunciation. These technologies and mechanisms will be explored intensively over 3 days by participants from law, sociology, philosophy, semiotics, political sciences, architecture and other disciplines.
Papers and discussions may address urban planning, ICT, court architecture, regulation of food or other vital human needs, the settings and techniques of religious deliberation and dispute resolution, or other interfaces between social order and technologies. Discussion will be informed by theory and research, and will work towards ethical and practical needs and consequences.
While the form of technology may have changed from symbolic regimes to ICT, from icons to apps, the interactions between humans and technics illustrate many persistent forms and social mechanisms, from architecture to ritual and performative enunciation. These technologies and mechanisms will be explored intensively over 3 days by participants from law, sociology, philosophy, semiotics, political sciences, architecture and other disciplines.
Papers and discussions may address urban planning, ICT, court architecture, regulation of food or other vital human needs, the settings and techniques of religious deliberation and dispute resolution, or other interfaces between social order and technologies. Discussion will be informed by theory and research, and will work towards ethical and practical needs and consequences.