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This chapter describes four case studies – three from Australia and one from rural Indonesia – that build the argument that to enhance the potential for multiple benefits, climate adaptation needs to be integrated into development and planning processes. The case studies demonstrate (1) the early benefits from adaptation to coastal inundation, (2) the importance of considering the distribution of costs and benefits across communities, (3) the low-regrets nature of some early adaptation actions and (4) the synergies between adaptation measures and sustainable development. By demonstrating the multiple benefits of climate adaptation, case studies like these have stimulated thinking about climate adaptation in terms of adaptation pathways and climate-compatible development. Early adaptation creates resilience by maintaining diversity, flexibility and adaptability – factors that enable people to benefit from future opportunities. Adaptation pathways approaches help stakeholders better understand how adaptation can address the systemic drivers of vulnerability and how to integrate adaptation into broader planning approaches.
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, including Supreme Court judges, singling out his strong work ethic, integrity, simplicity of character, and firmness. Curiously absent from the list of praiseworthy attributes were pre-requisites for effective judging, including adequate legal knowledge, transparent legal reasoning and decision-making, objectivity and avoiding the perception of bias. An analysis of Alkostar’s most notorious decisions suggests that he, and the judges who served with him, did not always clearly display these pre-requisites. This article considers what this says about judging in Indonesia and what might, in practice, be the defining characteristics of a good judge there.
This article analyses the “local turn” in refugee governance in Indonesia through a comparative case-study of two cities: Makassar and Jakarta. It compares how these two cities have responded to the obligations to provide alternative accommodation to detention, imposed upon them by the Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (PR). While the shift to non-custodial community shelters has been widely praised, we discuss issues that arose when the national government shifted the responsibility for providing accommodation for refugees to local governments, without the allocation of the required funds. The outcome has been a general lack of engagement by local governments. By locating this case-study in the wider global trend of “local turns” in the management of refugee issues, we argue that, in Indonesia, the “local turn” in responsibility for refugees is not fostering a protection approach, but has worsened the conditions for refugees.
Article 28G(2) in Indonesia’s 1945 Constitution reflects a human rights approach to asylum; it guarantees “the right to obtain political asylum from another country,” together with freedom from torture. It imposes an obligation upon the state to give access to basic rights to those to whom it offers asylum, following an appropriate determination procedure. By contrast, in Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees, the Indonesian government’s response to asylum seekers and refugees is conceptualized as “humanitarian assistance,” and through a politicized and securitized immigration-control approach. We argue that the competition between these three approaches—the human right to asylum, humanitarianism, and immigration control—constitutes a “triangulation” of asylum and refugee protection in Indonesia, in which the latter two prevail. In light of this framework, this article provides a socio-political and legal analysis of why Article 28G(2) has not been widely accepted as the basis of asylum and refugee protection in Indonesia.
This article assesses the responsibility of local governments in Indonesia for the management of refugee care, following the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (the “PR”). It highlights the limited authority of local governments in handling refugee issues—which is an issue that cuts across several national legal and administrative regimes including Foreign Affairs, Human Rights, and Immigration. This article focuses on the constraints of local political dynamics and budgeting in allocating local government funds for refugee care. In addressing these concerns, the authors argue that the PR should be amended to explicitly define the role of local governments in managing refugee issues and to include the regional revenue and expenditure budget as a source of funding. In addition, the authors argue that local governments that are hosting refugees should establish relevant local regulations for implementation of the PR.
The Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (PR) was a promising step to a better humanitarian response for refugees and asylum seekers arriving in Indonesia. It also provided a much-needed legal framework to validate refugees’ presence and to ground civil -society organizations’ advocacy on their behalf. However, a closer look at the PR and earlier drafts of the document shows serious compromises that: (1) reproduce the notion that refugees are only transiting in Indonesia; (2) frame refugees as passive objects, failing to recognize them as subjects with rights; and (3) prioritize security concerns that position refugees at odds with Indonesian society (masyarakat). Using the “What’s the Problem Represented to be” approach, this article highlights what is included and excluded from the PR and how it falls short of guaranteeing meaningful protection for refugees while living in Indonesia.
In this Introduction, Indonesia’s approach towards refugee protection is contextualized historically and regionally in light of the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (PR). In particular, we describe the legal and policy framework for refugee protection in Indonesia and analyze its underlying norms and values, including the constitutional right to asylum. We explain how the legal framework competes with Law No. 6 of 2011 on Immigration, which facilitates a discretionary, securitized, and ‘humanitarian’ approach to refugee policy, which is inconsistent with Indonesia’s legal responsibilities. In conclusion, we assess both the challenges and opportunities provided by the PR.
The flat-headed cat Prionailurus planiceps is one of the rarest small felids, with little known about its distribution, population status or habitat requirements, largely because of the few records of the species. We report here 11 detections of this Endangered species, recorded during 4 years of camera-trap surveys in a peat-swamp forest on the Kampar Peninsula, Riau province, Sumatra. These are the first records of this species on the Kampar Peninsula, in an area of c. 1,300 km2 of peat-swamp forest comprising four adjacent Ecosystem Restoration Concession licences. All records were near water bodies (mean distance 351 m) in lowland peat-swamp forest. These findings add to the existing knowledge of the species' distribution in Sumatra and confirm its presence in these peat-swamp forests. To inform species conservation management planning for the Kampar Peninsula, further research on this species is required.
This article explains the extent to which Indonesia has international obligations to comply with the non-refoulement principle in the absence of ratification of the 1951 Refugee Convention. While Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees provides the general impression that Indonesia respects the non-refoulement principle, there is no specific text within Indonesian law and policy that regulates the matter. This article argues that Indonesia is legally bound by non-refoulement obligations under international human rights treaties to which it is a party, as well as under customary international law. It examines the extent of Indonesia’s non-refoulement obligations under the Convention Against Torture, the International Convention on Civil and Political Rights, the Convention on the Rights of the Child, and customary international law. It concludes that the Presidential Regulation was a missed opportunity for Indonesia to reinforce its non-refoulement obligations, as illustrated by the recent treatment of Rohingya asylum seekers near Aceh.
This chapter considers how Indonesia's policies in relation to investment treaty drafting have changed over time and the extent to which these changes may have been driven by concerns to protect regulatory space. Despite having signed a relatively large number of treaties relative to other Asian States and being an important destination for foreign direct investment, Indonesia has faced few claims and has never been ordered to compensate an investor for violations of an investment treaty. It is also observed that the volume of laws and regulations on the books in Indonesia has increased dramatically since the beginning of the new millennium, with little evidence that the threat of investment treaty claims has affected the extraordinary growth of legislation and regulation comprising Indonesia's "legal jungle". Indonesia has nevertheless sought to modernise its investment treaties, including to add provisions clarifying or limiting the scope of the fair and equitable treatment standard and the circumstances in which a regulatory measure may amount to indirect expropriation. The chapter also briefly considers what Indonesia's treaty practice reveals about its position in relation to reform of Investor-State Dispute Settlement, including its efforts to promote the use of conciliation.
Since the mid-2000s, the quality of democracy around the world has been in decline, and Southeast Asia is no exception. This Element analyzes the extent, patterns and drivers of democratic deconsolidation in the three Southeast Asian countries that boast the longest history of electoral democracy in the region: Indonesia, the Philippines and Thailand. While the exact deconsolidation outcomes differ, all three nations have witnessed similar trends of democratic erosion. In each case, long-standing democratic deficiencies (such as clientelism, politicized security forces and non-democratic enclaves) have persisted; rising wealth inequality has triggered political oligarchization and subsequent populist responses embedded in identity politics; and ambitious middle classes have opted for non-democratic alternatives to safeguard their material advancement. As a result, all three polities have descended from their democratic peaks between the late 1980s and early 2000s, with few signs pointing to a return to previous democratization paths.
The regulation of public space is generative of new approaches to gender nonconformity. In 1968 in Jakarta, the capital of Indonesia, a group of people who identified as wadam—a new term made by combining parts of Indonesian words denoting “femininity” and “masculinity”—made a claim to the city's governor that they had the right to appear in public space. This article illustrates the paradoxical achievement of obtaining recognition on terms constituted through public nuisance regulations governing access to and movement through space. The origins and diffuse effects of recognition achieved by those who identified as wadam and, a decade later, waria facilitated the partial recognition of a status that was legal but nonconforming. This possibility emerged out of city-level innovations and historical conceptualizations of the body in Indonesia. Attending to the way that gender nonconformity was folded into existing methods of codifying space at the scale of the city reflects a broader anxiety over who can enter public space and on what basis. Considering a concern for struggles to contend with nonconformity on spatial grounds at the level of the city encourages an alternative perspective on the emergence of gender and sexual morality as a definitive feature of national belonging in Indonesia and elsewhere.
This article discusses the relationship between Sekolah Islam (Salafism-influenced Islamic schools) and urban middle-class Muslims. Based on ethnographic fieldwork in the City of Serang (Kota Serang), near Jakarta, this paper argues that these conservative and puritan Muslims demonstrate their Islamic identity politics through their engagement with Sekolah Islam. The analysis of in-depth interviews with and close observations of parents of students and school custodians (preachers or occasionally spiritual trainers) at several Sekolah Islam reveals that they have attempted to pursue ‘true’ Islamic identity and have claimed recognition of their identity as the most appropriate. The pursuit of a ‘true’ Islamic identity has infused Islamic identity politics, and there is an oppositional relationship between local Islamic traditions and Salafism, as seen in Sekolah Islam. The relationship between Islam and identity politics becomes intricate when it is transformed into public symbols, discourses, and practices at many Sekolah Islam. This paper shows that through their understanding and activities at Sekolah Islam, these Muslims are avid actors in the contemporary landscape of Islamic identity politics in Indonesia. By taking examples from Sekolah Islam in Indonesia, this article unveils social transformations that may also take place in the larger Muslim world.
The Sumatra-born revolutionary, Tan Malaka, shared prison time in Hong Kong with Ho Chi Minh. In this chapter we see the then twenty-six-year-old Tan Malaka setting up in revolutionary Guangzhou under Communist International auspices. There, he networked with leading Sun Yat-sen government officials, co-hosted an important Asian trade union conference, and assumed a new role as editor and publisher. Known to Ho Chi Minh from Moscow days, the two would also meet in Guangzhou. Somewhat adrift in the Philippines prior to deportation to China, it could well have been Ho Chi Minh who summoned him to Hong Kong with a view to clarifying the status of the communist movement in Singapore/Malaya in the wake of a failed rebellion on Java. Tan Malaka was treated differently from his Vietnamese counterpart. He was arrested in the British colony, denied legal assistance, did not make a court appearance or gain media attention, although he did evade extradition to his homeland. Tan Malaka bequeathed a rich description of his experience in Victoria Prison and this chapter adds fresh detail on this episode, otherwise little acknowledged in Hong Kong writing.
Designating protected areas remains a core strategy in biodiversity conservation. Despite high endemism, montane forests across the island of Java are under-represented in Indonesia's protected area network. Here, we document the montane biodiversity of Gunung Slamet, an isolated volcano in Central Java, and provide evidence to support its increased protection. During September–December 2018, we surveyed multiple sites for birds, primates, terrestrial mammals, reptiles, amphibians and vegetation. Survey methods included transects, camera traps and targeted searches at six sites, at altitudes of 970–2,512 m. We used species distribution models for birds and mammals of conservation concern to identify priority areas for protection. We recorded 99 bird species (13 globally threatened), 15 mammals (five globally threatened) and 17 reptiles and amphibians (two endemic). Our species distribution models showed considerable cross-taxon congruence between important areas on Slamet's upper slopes, generally above 1,800 m. Particularly important were records of the endemic subspecies of the Endangered Javan laughingthrush Garrulax rufifrons slamatensis, not recorded in the wild since 1925, the Endangered Javan gibbon Hylobates moloch and Javan surili Presbytis comata, and the Vulnerable Javan lutung Trachypithecus auratus and Javan leopard Panthera pardus melas. Recent forest loss has been modest, at least 280 km2 of continuous forest remain above 800 m, and our surveys show that forest habitats are in good condition. However, the mountain is widely used by trappers and hunters. Given its importance for biodiversity conservation, we discuss different options for improving the protection status of Gunung Slamet, including designation as a National Park or Essential Ecosystem.
It was the trial of a century in colonial Hong Kong when, in 1931–33, Ho Chi Minh - the future President of Vietnam - faced down deportation to French-controlled territory with a death sentence dangling over him. Thanks to his appeal to English common law, Ho Chi Minh won his reprieve. With extradition a major political issue in Hong Kong today, Geoffrey C. Gunn's examination of the legal case of Ho Chi Minh offers a timely insight into the rule of law and the issue of extradition in the former British colony. Utilizing little known archival material, Gunn sheds new light on Ho Chi Minh, communist and anti-colonial networks and Franco–British relations.
Studies on tourism and pilgrimage show that spatial mobility, including transregional travel, mostly confirms and strengthens tourists’ and pilgrims’ social identities and symbolic boundaries between Self and Other. However, in guided religious package tours from Indonesia to Israel and Palestine, experiences with spatial boundaries do affect the Muslim and Christian pilgrims, adding more nuances to socio-cultural boundary-making. This complex making and breaching of boundaries relates to inner-Indonesian religious dynamics. Among both Muslim and Christian Indonesians, references to the Middle East express not only transregional solidarity but also multifarious orientations in inter and intra-religious relations within Indonesia. Among Indonesian Muslims, some orthodox Muslims’ orientations towards the Middle East as the birthplace of Islam are contested but also combined with indigenous Islamic traditions. Similar to these intra-Muslim frictions, members of Indonesia's Christian minority experience fissures in the expressions of local and global Christian identities. This article analyses how symbolic, social, and spatial boundaries are maintained and breached in transregional tourism from Indonesia to the Middle East.
In this chapter we describe the methods judges use to fill what is often called “the silences of the law,” that is, gaps in legislation, in the domain of family law in three countries: Morocco, Egypt, and Indonesia. More specifically, we explore the role and place of uncodified fiqh in contemporary legislation and adjudication in the field of personal status law. We proceed in four steps. First, we address the institutional and legal transformations affecting law, especially family law, in Morocco, Egypt, and Indonesia, focusing on what may be termed a legal revolution that made it possible to speak of law in terms of codes and to classify fiqh as a subsidiary source when legislation is silent. Second, we turn to the specific domain of family law, briefly discussing statute law, case law, and legal practice in each of the three countries. Third, on the basis of marriage authentication cases (ithbât al-zawâj, ithbât al-nikâh), we examine how, practically speaking, judges seek a solution in the body of fiqh. Finally, we develop an argument about the nature of judicial work in the management of “references to Islam” within the framework of positive, codified, and standardized law.
Legal praxeology is the perspective that claims to consider the law through the practices that take the same law as their point of reference. It occupies the space that exists between formalism and sociologism. Legal praxeology is the approach that takes law seriously in all its formal and sociological depth. This means that it considers absurd the pretention of dealing with law while ignoring what its practitioners take as essential to their activities, that is, the rules; but it finds it equally indispensable to deal with these rules and the activities that refer to them through their modes of accomplishment. Legal praxeology does not aspire to theorizing, if the latter is understood as the search for abstract generalization in which to subsume the infinite variety of cases. Particular cases are studied ethnographically in order to elicit the mechanisms that are specific to how they unfold, including what is linked to the law as followed by both its professional and lay practitioners. Legal praxeology’s descriptive attention is concerned with the methods proper to the people concerned. One could speak of an interest in “legal ethnomethods.”
We want to describe how judges play by, and with, legal rules. It appears that, on the one hand, even in cases in which the legal basis is thin or absent, judges seek rules on which to base their decisions. In that sense, judges are positivist legal practitioners who need legal rules to perform their professional duties. On the other hand, however, moral considerations seem to deeply influence the same judges’ legal cognition. We aim to show how this unfolds in the concrete settings of four countries – Indonesia, Lebanon, Egypt, and Senegal – in cases relating to male homosexuality. First, we outline the legal and judicial frameworks of the four countries being studied. Second, we concentrate on cases in these countries related to homosexuality. On the basis of these court cases, third, we analyze the reference to rules as the core of the life of law, although in a qualified manner. Finally, we draw together the main lines of the debate regarding rules, their indeterminacy and their interpretation, stressing the usefulness of a praxeological treatment centered on reasoning, justification, and decision-making practices to better understand the ways in which law lives through rules.