Post-reform Indonesia Research Articles

Building a Responsive Legal System Through Reforming the Indonesian Constitution

Legal politics or what is known as policy direction is important in order to provide direction on the form and material of law. However, in a study that examines the problems of law enforcement, in Indonesia, which was studied from a legal sociology perspective, it was stated that developments in the world today often give rise to various problems, whether in the form of violations of norms that exist in social life or rules that have a tendency to create a phenomenon that is contrary to moral and ethical rules as well as legal rules. This paper aims to find out the facts and legal political realities that occur on post-reform legislation in forming responsive laws. Using a normative writing method. The direction of legal politics in post-reform Indonesia is the desire to form a responsive legal system, this can be implicitly seen in several changes to the constitution. Change towards responsive law is not something instant and easy, there must be a commitment from the state and the people together to realize the ideal of this system. Although the current implementation of law still experiences many errors here and there, at least the existing legal products have led to laws that responsive, what is needed now are leadership figures who are able to bring Indonesia to the implementation of responsive laws that are in accordance with what was previously expected in order to achieve prosperity for the people.

Yusuf Al-Qardhawi's Thoughts and Their Implementation to Indonesian Society

Islam is actually a religion that provides security, comfort, tranquility and tranquility for all its creatures. There is nothing in Islam that teaches its people to hate and harm others. Islam as a perfect religion, namely a religion that brings mercy to the universe (rahmatan lil alamin) always prioritizes the mission of peace, tolerance, moderation and nonviolence. This adaptive and accommodating characteristic of Islam is what the Prophet Muhammad (PBUH) championed. A religion that is easily accepted because its teachings are humane and universal. Historically, the entry of Islam in Indonesia was very peaceful and tolerant, as taught by the saints through local culture and could coexist with other religions at that time. But at this time violence or extreme attitudes are a phenomenon that we often hear and see, both in the mass media and the reality that surrounds our environment and society. The phenomenon of Islamic religious discourse in post-reform Indonesia is suspected to have experienced a lot of radicalism and even extremism. The explosion of terrorism in the name of Islam that occurred after the reform until now has made the face of Indonesian Islam in the spotlight in the world. In fact, Islam in Indonesia is Islam that prioritizes moderate principles (al-washathiyyah) in preaching, this characteristic of accommodating Islam is the bulwark of preventing radical religious understanding. Therefore, this study examines more focus and detail about how the concept of Al-Wasatiyyah in Islam according to Yusuf Al-Qaradawi and its implications for Indonesian society.

Multicultural Education Based On Local History Material Of The Islamic Sultanate In West Kalimantan

The development of multicultural education in post-reform Indonesia is against the backdrop of a very plural and heterogeneous region in Indonesia. It is hoped that this study can be a solution to maintain social harmony. This writing aims to describe: (1) How local content is the basis of multicultural education, (2) how history is related to multicultural education, (3) how multicultural education is taught in schools.
 This writing uses a form of descriptive writing through literature study related to the chosen topic. Based on the results of the data search obtained, the following conclusions can be drawn. First, local content can become a formal basis for implementing multicultural education based on history and culture as stated in the regulations of the Minister of Education and Culture. The aim is to develop students' abilities related to the environment in the social, cultural and artistic fields. Second, history has a close and intimate relationship with multiculturalism. Existing culture is the result of growth and development in the past, so to know and recognize it, it is necessary to look at history. Multicultural education is seen as a way to convey diversity, plurality and tolerance through educational channels. Third, multicultural education is in line with the development of local history studies. So that the two can fuse and then be integrated as a local charge. It is given by inserting a periodization of the history of the Islamic sultanate into history subject.
 Keywords: Multicultural, history, Islamic sultanate

Quo Vadis Specialised Courts in Indonesia within Constitutional Court Decisions Confines

In Indonesia, special courts represent a phenomenon of judicial deference which is associated with an independent judicial system and supports the efficient and effective administration of justice. However, the practice in Indonesia shows that there is a need for further discursive research and thinking in the organization of the special justice system in Indonesia, based on internal and external issues in the realization of a special justice order that promotes substantive justice and is based on effectiveness, efficiency, and justice that is based on the needs of legal specificity under the specialized court context. This article utilizes dogmatic legal research based on a statutory approach, a case law approach, and a conceptual approach on a micro-legal research basis to examine the revamping of special courts in Indonesia, including the elaboration of Constitutional Court Decisions relevant to the strengthening of constitutional consolidation in post-reform Indonesia. Furthermore, the findings of this study show that the dynamics of special justice in Indonesia seem to be based on specific needs, international intervention in several cases, and ideas when the 1945 Constitution was amended by strengthening in accordance with conditions and times to achieve substantive justice. Similarly, the failure to build several special courts has become a discourse in recent decades, as various Constitutional Court decisions have directed topics that may be seen in the formation of special courts in the future. These include the existence of electoral and medical courts, which have also emerged as ideas for revamping specialized courts in Indonesia.

Gusdurian Islamic Social Movement: Political Discourse, Resource Mobilization, and Framing

Gusdurian network of Islamic social movements covers political discourse, resource mobilization, and movement framing. This movement started from critical-transformative of Islamic thinking to encourage social change in post-reform Indonesia. With the social dynamics after 1998 reform, the social movement of Gusdurian strive to find new breakthroughs to strengthen democratization, pluralism, and religious freedom in Indonesia. The Gusdurian social movement in encouraging religious social change takes advantage of political dynamics, optimizes resources, and frames them in various forms. The findings in this study show that the Gusdurian as a medium for Islamic social movements is a unique phenomenon containing young activists who continue and fight for what Gus Dur has fought for as a religious and national figure.

Mainstreaming Religious Moderation Through Islamic Literature

Reading rooms filled with Islamic literature are one of the dominant factors causing the hardening of religious understanding in post-reform Indonesia. This research aimed to examine the roles played by the Gerakan Islam Cinta in mainstreaming religious moderation through popular Islamic literature. Based on interviews, participatory observations, and content analysis, we argue that popular Islamic literature is an essential instrument in the mainstreaming of religious moderation in Indonesia. The sustainability of this type of Islamic literature is important because it balances the massive conservative Islamic literature. It is precisely at this point that the Gerakan Islam Cinta plays a dual role as producer and distributor of dozens of books known as the Islamic Love series. This series of books has become a reference for the community, especially young people, in understanding a version of Islam which is friendly and peaceful. The Gerakan Islam Cinta also disseminates these books online and for free, conducts roadshows and book reviews in various cities, and initiates reading clubs in cooperation with various organizations, grassroots reading communities, and youth activists of peace in several cities in Indonesia.
 Keywords: religious moderation, Islamic literature, Gerakan Islam Cinta

Pelaksanaan Sistem Pemerintahan Presidensial Dengan Multi Partai Di Indonesia

The government system in post-reform Indonesia is a presidential system with many parties. The advantage of this system is that it is more democratic because many parties are considered to accommodate the wishes and interests of people from various backgrounds through political parties, while the weakness is that it is difficult for the ruling party if it is not in the majority. The purpose of this study was to determine the implementation of a presidential system of multi-party governance in post-reform Indonesia. The results of the study are that in a presidential government system with many parties (multi-party system) such as in Indonesia, it will cause problems if no political party wins the election with a majority vote, the President must build a coalition with a number of political parties that have representatives in the House of Representatives (DPR). DPR). Since the holding of the 1999 and 2004 elections, there have been efforts to simplify political parties, by reducing the number of election participants through the electoral threshold and then changing since 2009 to reducing the number of political parties that may sit in parliament by using the minimum threshold requirement (parliamentary threshold). However, this method has not been successful because there are still relatively many political parties sitting in parliament, this is due to the parliamentary threshold that is too small. Ideally, the parliamentary threshold, which was previously 4% in the 2019 election, is raised to 8% in the 2024 election. Thus, a strong, effective and stable presidential government system with only 4 (four) to 6 (six) political parties will be realized.

Representing Chinese Indonesians: Pribumi Discourse and Regional Elections in Post-Reform Indonesia

Utilising Pitkin’s concept of representation, this article surveys the landscape of Chinese Indonesian political representation since the advent of regional elections in 1999. Analyses of the dataset of individual profiles of Chinese Indonesian executives, as they adopt inclusive-pairing tactics by taking on deputised roles or appeal using charisma, had demonstrated that there was a visible transition from “descriptive” towards more “substantive” forms of political representation in various constituencies – seen as the most important dimension of ideal representation despite the presence of soft ethnic politics. Recent appeals to indigenism ( pribumi-ism), especially in the wake of Jakarta governor Ahok’s failed re-election bid in 2017, had the effect of confining representational politics towards the narrow margins of ethnicity above all else. This article looks at the precarity of thedivide between pribumis and Chinese Indonesians ( Tionghoa) from the perspective of political representation at the regions and fills in the lacuna of political representativeness in post-reform Indonesia – overlooked so far by critiques of democracy.

Strategy of Managing International Environment Aid Sustainability in Post-Reform Indonesia

Climate change and environmental degradation are several of the biggest contributing threats to business and economic sustainability, given the vulnerability of Indonesia’s geography and financial architecture. The financial crisis on the West has brought opportunities for Indonesia to pursue another source of assistance with less political intentions and loose concessional economic reforms. The Paris Agreement in 2015 also offers flexible mechanisms for developing countries to meet its target. DAC countries are known to contribute support of poverty reduction and environment assistance, while most of non-DAC countries build its core assistance in infrastructure development programs. However, other non-DAC countries demonstrate significant growth in environmental aid, as well as its capacity of delivery. This paper will establish an analysis to balance Indonesian dependence of foreign assistance for environmental conservation between those two types of donor countries. Using international assistance approach, this study will try to establish an argument prior to policy input for above circumstances. The study finds that there are no coherence and communications among policies and stakeholders in terms of aid compatibility to national development programs, funding schemes, harmonization of policies, valid measurements of emission reduction commitments.
 Keywords: foreign aid, environment aid, Indonesia, development policy

QuoVadis Regulation of Islamic Economics in Post-Reform Indonesia

This paper describes the regulation of Islamic economics and the urgency of its development, the post-reform Islamic economic, regulatory system, and analyzes the orientation of Indonesian Islamic economic regulation from a political economy perspective. This article's method is a descriptive analysis by analyzing political phenomena that occur in the formulation of Islamic economic regulations in post-reform Indonesia. This qualitative research uses literature studies. The development of Islamic financial regulation in Indonesia is relatively late when referring to Islamic finance development in other countries. This is related to the national political conditions, which are generally less responsive to institutions labeled Islamic. The dramatic changes in Indonesian politics since the fall of the Soeharto regime have made room for real democracy. Islamic banking regulation responds to the Islamic banking industry's development, which requires assurance of legal certainty and legal justice in a clear regulation. The increase in the role of the government in dealing with Islamic economic problems has a big role. According to Islam, economic policies must be supported by social responsibility, limited economic freedom by sharia, multi-ownership recognition, namely private ownership, state ownership, and a high work ethic. The interpretation and development of Islamic economic regulations can be richer and more important if it is based on concrete experiences of development in implementing Islamic economic regulations in Indonesia. In seeking economic laws in line with the rububiyah principle, practical experiences are material for validating Islamic economic laws.

Membaca Fenomena Menguatnya Perayaan “Islamisasi” di Indonesia Pasca Reformasi

The strengthening of Islamization (Islamisasi) or the revival of religious awakening in the post-reform Indonesia has become an appealing topic to be studied by social scientists. Islamization, in this study, is not defined in terms of the discourse of religious political relations (such as relations of state and religion), but refers to the existence of social religious expressions which are marked by considerable exploration to form a new meaning of Islam (Islamization) which involves various elements, especially capitalism and modernity. This paper provides an overview of how social scientists see the phenomenon of Islamization in the post-reform Indonesia. This overview is important in order to discuss the viewpoints or better known as "standing positions" of scientists in seeing the phenomenon of Islamization in Indonesia. This paper uses a literature study in the form of collecting various relevant studies related to the analysis of Islamization in the post-reform Indonesia. It then simplifies a number of selected studies from various scientific writings and finds various perspectives, including ones which see this phenomenon as a symptom of radicalism, a form of the success of commodification of Islam. Another perspective makes use of the concept of Post-Islamism and links it with the hybrid identity concept. In the end, this paper concludes that there are two big perspectives, besides the mainstream perspective of radicalism and terrorism, namely the commodification of Islam and Post-Islamism. This research argues that these two perspectives can be used as a basis for thinking in reading the dynamics of increasing social-religious expression in Indonesia with different analytical levels.

Reconstructing Chineseness: Chinese Media and Chinese Identity in Post-Reform Indonesia

Reconstructing Chineseness: Chinese Media and Chinese Identity in Post-Reform Indonesia

Islamic Musical Forms and Local Identity in Post-Reform Indonesia

Abstract Through an analysis of local Sundanese music in distinct settings in village and urban contexts, this article observes and analyses different constructions of meaning around Sundanese Islamic music, as well as the role played by cultural activists and village audiences in those constructions. Based on fieldwork in Tasikmalaya, West Java, I explore the novel meanings given to village genres in urban contexts, and contrast that with the affective responses of village audiences. I find that musical meanings offer different processes of identity formation within particular social boundaries. Emergent Indonesian political developments shape these processes.

Crime of Makar and Its Enforcement in Post-Reform Indonesia

<p class="IABSSS">In the era of reforms characterized by freedom of thought and opinion, the position of makar crime formulation in the criminal law book (KUHP) is very dilemmatic. Its Formulation is needed to maintain state sovereignty. However, its presence has not well defined yet. So, it threatens the independence of Makar crime and its elements. This research will analyze the formulation of Makar crime in the Criminal law book (KUHP), its enforcement in Indonesia post-reforms, and its draft formulation in the Criminal law book (KUHP). Library research method through juridical-normative was used in this research. The result shows that the formulation of Makar crime which was set forth in Article 104, 106, 107, and 108 of the Criminal law book (KUHP) still has not define Makar and its parameters to the elements. Therefore, it is necessary to reform the criminal law effectively in accordance with the principles of law and democratic state in the Draft Law (RUU) of the Criminal law book (KUHP) in order to overcome makar crime.</p>

FORMULASI KONSEP MODERASI ISLAM BERBASIS KEINDONESIAAN DALAM MEREDUKSI RADIKALISME AGAMA DI INDONESIA (KAJIAN EPISTEMOLOGIS-HISTORIS)

The religious phenomenon of Islam in post-reform Indonesia is thought to have experienced extremism and radicalism. The explosion of terrorism in the name of Islam that occurred between 1998 and 2018 made the face of Indonesian Islam in the world. Whereas in fact Islam in Indonesia is Islam that promotes moderate principles (tawassuth / washatiah) in preaching, namely taking a middle ground between the opposite two extreme poles. Da’wah method of Washatiyatul Islam or Moderation of Islam is a method of da’wah that emphasizes the Islamic values of Rahmatan Lil Alamin. Da’wah is friendly with tradition, so it can grow in a multicultural and multi-religious society. It is this characteristic of accommodative Islam that is the stronghold of the prevention of radical religious ideas. This article using the epistemological-historical-holisitic approach wants to explore the concept of moderation of Islam in the context of the Indonesian nation and the shallowness of religious reasoning. As a result, none of the strong references say that the spread of Islam in ancient Archipelago was by radical means. The history of Islam in the archipelago has struggled with diverse localities. Islam is not present to break down or chop away existing traditions and local culture, but try to dialect with the context in which Islam is located. Because of its flexible nature, Islam is able to survive and develop so that it raises a new Islamic style that is unique and does not exist in any part of the world.

Peluang dan Tantangan Gerakan Revivalisme Islam di Indonesia Pascareformasi

This article elaborates the opportunities and challenges of the Islamic revivalist movement in post-reform Indonesia since the opportunity to express the notions is opened. The issue of revivalism is not only developed in Indonesia, but also an important issue in Southeast Asia, South Asia, Middle East, and other regions. This can be seen from various studies on Islamic revivalism that occurred in various areas. Even the Islamic revivalism was actually initiated at the end of the nineteenth century by Jamaluddin al-Afghani, whose passion was continued by his disciple Muhammad Abduh. The author will explain how the challenge of the rise of Islam in Indonesia after the reformation. Therefore, the author provides a study of literature and interviews with the experts consisted of 10 people of scholars and activists of Islamic revivalism movement conducted. Based on this research, there is an indication that the Islamic revivalism movement has great opportunities and challenges in post-Indonesian reformation. Some of the opportunities for the development of Islamic revivalism movement in Indonesia are the historical factor, acculturalization through educational institutions, and the Islamization policies in some regions. On the other hand, the challenges found are the challenges of public opinion, the lack of optimal tools for multicultural dialogue, the decline of political support, the conflict among Muslims, the lack of professionalism, and the secularism. Regarding these conditions, some of the Islamic revivalism movements adapted themselves to adjust political developments in Indonesia.

Development of forensic medicine in post reform Indonesia

Forensic medicine practice in Indonesia was introduced through the Dutch colonial criminal justice system in the early twentieth century. After more than 70 years of national independence, the development of forensic medicine still faces fundamental challenges, including confusion in the distribution of responsibility with law enforcement agencies, difficulties in managing conflicts of interest, and impediments in scientific practice and professional development. Despite of the golden opportunity from the Indonesian Reform movement in the late 1990s, the impact on forensic medicine development has been less than expected. It is thus important to identify the scope of the problems plaguing the development of forensic medicine, as well as its causes. We conducted a qualitative study to explain the problems and propose solutions. The results show that the standards of practice have developed more slowly than those in many other branches of medicine, despite its increasing popularity from its role in counterterrorism and disaster victim identification. A strong thriving spirit exists in forensic science, although growth in forensic research activities should be facilitated more. The 2009 Health Law has included forensic medicine practice in the health system to cover the role of forensic medicine for health and medical education purposes. It also potentially provides a way to support the justice system without exposing forensic practitioners to possible conflicts of interest, for instance, by utilizing a tiered referral system. To this aim, an alternative is proposed: to place forensic medicine practice within the context of the health system.

Topics on Chinese Indonesian Issues in Book Publication in the Post-Reform Indonesia

<span lang="IN"><em><em>Chinese Indonesian still becomes an issue in the Indonesian democracy and there are many publication in books about Chinese Indonesian issues. They are not only just share information but also indicate as respons to political change. This article discusses about the development book publication or literature on the issue of the Chinese Indonesian community in the post-reform Indonesia. It focuses to the topic of the content of the books. This research was qualitative research with the library research method. Data obtained from observation to books about Chinese Indonesian and analysed by the content analysis method. The results of this study indicate that there is development of topics about the Chinese Indonesian issues. At the beginning of the reform in 2000 until 2005, they much-discussed about discrimination, conflict and anti-Chinese sentiment, identity and culture. While the post 2005, the topics become more diverse, covers culture (art, food, tradition, literature, religion, architecture, etc.), identity, biography, history, role in Indonesian society and new issue such as women’s issues. It at least shows two important points. First, it shows the self confidency from Chinese Indonesian community to show themselves as part of Indonesian nation. Second, it shows some identity expression like political, cultural, Chinese diaspora, local Indonesia and religion identity.</em></em></span>

Local Politics Post-Reform Era: The Roles of Muhammadiyah in the 2004-2014 DPD’s Election in Yogyakarta Special Regions, Indonesia

After post-Reform Indonesia, Indonesia has been employing a dramatic decentralization practice in Indonesia nationwide. Since 1999, Indonesia has been electing for representative council (DPR RI) and regional representation so called DPD RI in very direct way. This paper aims to analyse the local politics especially at the case of DPD’s election in Yogyakarta special region of Indonesia in the competition process among the different group interests which are Islamic group (Muhammadiyah, NU, PKS), Kraton /aristocrat interest, and nationalist group interest (PDI-P). Those groups are the big four that have been playing important role in the competition in DPD election sequentially in 2004, 2009, and 2014. In Yogyakarta special region, four members of DPD since the first election has been represented by three Islamic group both modern and traditional ones and by Yogyakarta palace. this paper more focus on the 2014 election which were followed by more competitor from Pakualaman palace, and also from nationalist group that have same mass with the Palace. this competition was really interesting to explain, how people decide their representative members and how different group compete each other in this election. Also, what strategy and by manner they collect voters in this individual based-individual candidate election. From the field research, it can be concluded at least there are three point (1) each candidate was strongly endorsed by established organization and community to support for the election since 2004. So, four incumbents easy to win the competition; (2) the success team have many thing in common for example the focus on the core of supporter (basis masa) by using strategy ‘by name by address list”; and lastly (3) they were employing any symbolic that really easy to understand for the common people such as Islamic value, organization value, ideology, etc. by adopting many social activity and ritual in promoting candidates for example club goods, voluntary organization, and other forms of informal communities.

‘Old, borrowed, and renewed’: A review of early childhood education policy in post-Reform Indonesia

Early childhood education (ECE) is not new in Indonesia. However, in the past decade, it has received more attention, as shown by the growing number of ECE centres in both urban and rural areas. This growth is accompanied by policy development that corresponds to the global agenda of ECE. Policy development is inevitably linked with the support of international organisations (such as UNICEF and the World Bank) at both national and local levels, through loans and grass-roots pilot projects. Such neo-liberal policies have been seen as contributing to inequality in educational access in developing countries. What is lacking is an understanding of how policies, caught up in the interwoven nature of global discourse and social problems, are being implemented at the local level. Such understanding is especially important in the changing social and political context of post-Reform Indonesia. Using a critical approach, this article examines the discourse around ECE policies and practice through critical engagement with policy documents and relevant reports. Because policy processes are messy and in many ways relative, this perspective enables the dominant discourse, within which ECE operates, to be challenged. This article concludes by suggesting the integration of ECE and health services at the practice level in order to bridge the current gap between ECE policy and practice.