Garuda - Garba Rujukan Digital

Tim Lindsey

Unknown Affiliation

Author-ID : 307675

Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document

Claim Missing Document

Articles

Filling the Hole in Indonesiaâs Constitutional System: Constitutional Courts and the Review of Regulations in a Split Jurisdiction Lindsey, Tim
Constitutional Review Vol 4, No 1 (2018)
Publisher : The Constitutional Court of the Republic of Indonesia

The Indonesian constitutional system contains a serious flaw that means that the constitutionality of a large number of laws cannot be determined by any court. Although the jurisdiction for the judicial review of laws is split between the Constitutional Court and the Supreme Court, neither can review the constitutionality of subordinate regulations. This is problematic because in Indonesia the real substance of statutes is often found in implementing regulations, of which there are very many. This paper argues that that is open to the Constitutional Court to reconsider its position on review of regulations in order to remedy this problem. It could do so by interpreting its power of judicial review of statutes to extend to laws below the level of statutes. The paper begins with a brief account of how Indonesia came to have a system of judicial constitutional review that is restricted to statutes. It then examines the experience of South Koreaâs Constitutional Court, a court in an Asian civil law country with a split jurisdiction for judicial review of laws like Indonesiaâs. Despite controversy, this court has been able to interpret its powers to constitutionally invalidate statutes in such a way as to extend them to subordinate regulations as well. This paper argues that Indonesiaâs Constitutional Court should follow South Koreaâs example, in order to prevent the possibility of constitutionalism being subverted by unconstitutional subordinate regulations.

Public Faces of Sharī’ah in Contemporary Indonesia: Towards a National Madhhab MB. Hooker; Tim Lindsey
Studia Islamika Vol 10, No 1 (2003): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

The thesis of this article that all faces and expressions of shari'ah in Indonesia must be read together and that together they point to a debate about Islamic law that, while fragmented, might be said to be peculiar to Indonesia. Can they be made to amount to assonance or is dissonance the characteristic of this Madhhab Nasional Shari'ah Republik Indonesia? And if dissonance is the defining characteristic, is that necessarily a bad thing? We will suggest some answers to these questions in the conclusion to this article.DOI: 10.15408/sdi.v10i1.637

Public Faces of Sharī’ah in Contemporary Indonesia: Towards a National Madhhab Hooker, MB.; Lindsey, Tim
Studia Islamika Vol. 10 No. 1 (2003): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v10i1.637

The thesis of this article that all faces and expressions of shari'ah in Indonesia must be read together and that together they point to a debate about Islamic law that, while fragmented, might be said to be peculiar to Indonesia. Can they be made to amount to assonance or is dissonance the characteristic of this Madhhab Nasional Shari'ah Republik Indonesia? And if dissonance is the defining characteristic, is that necessarily a bad thing? We will suggest some answers to these questions in the conclusion to this article.DOI: 10.15408/sdi.v10i1.637

Title

Found 3 Documents
Search

Abstract

Abstract

Abstract

Title Search

Found 3 Documents Search

Abstract

Abstract

Abstract

Title

Found 3 Documents
Search