Indonesia: Law and Society, 2d ed.

• Author: Hosen, Nadirsyah
• Position: Book review

Tim Lindsey (ed), Indonesia: Law and Society (The Federation Press, 2nd edition, 2008, ISBN 9781862876927, hardcover; 9781862876606, paperback, AU$99, 752 pages).

Indonesia, with a population of over 216 million, has sought to play a constructive role in Asian-Pacific affairs generally. Given its size and importance, including its strategic location, Indonesia is critical to the stability of Southeast Asia. There is no doubt that the bilateral relationship between Indonesia and Australia is very important to both countries. However, according to one senior adviser to former Indonesian President Abdurrahman Wahid (and quoted by Kevin Rudd in The Age on 9 November 2002) 'what we see today is a bit like watching the emotional trials and tribulations of Elizabeth Taylor--at any one time full of romance, engagement, marriage, recrimination, separation--together with the ever-present threat of divorce'.

One of the difficulties which both countries face is that Indonesia and Australia have different political and legal systems. Most Indonesians and Australians do not know much about their neighbour's political and legal systems--and this leads to the 'Elizabeth Taylor' kind of relationship.

The case of Schapelle Corby is illustrative. Corby is currently serving a twenty year sentence for the importation of 4.1 kg (9 lb) of cannabis into Bali. She maintains that the drugs were planted in her bag and that she did not know about them. Her trial and conviction was a major focus of attention for the Australian media. During Corby's trial, one barrister in Queensland suggested that Corby's lawyer should have brought the case to the Indonesian Constitutional Court. It is clear that the barrister knew nothing about Indonesian courts.

Another wrong assumption is that because Indonesia does not have juries, its trial process is inherently unfair. The fact is that the absence of juries is a feature of the European-derived civil law tradition, the legal tradition followed by most countries in the world today. Indonesia inherited this tradition from Napoleonic France via the Dutch, who colonised Indonesia for more than three hundred years.

Tim Lindsey, in his capacity as Director of the Asian Law Centre at the University of Melbourne, through his second edition of Indonesia: Law and Society, plays a significant role in clarifying the confusion regarding the Indonesian legal system. In Australia, he is well known and highly respected for his knowledge of...