Doctor of Philosophy (PhD)
Faculty of Law
Hosen, N, Reform of Indonesian law in the post-Soeharto era (1998-1999), PhD thesis, Faculty of Law, University of Wollongong, 2004. http://ro.uow.edu.au/theses/245
The thesis focuses on law reform in Indonesia during 1998-1999 when BJ Habibie took over the presidency from Soeharto who was forced to step down by the students� movement. I examine seven laws signed by Habibie: three political laws, human rights and press laws, and two anti-corruption laws. The thesis takes the position that since good governance and the rule of law had been absent during the thirty-two years of Soeharto presidency, law reform in the post Soeharto era should fulfil the characteristics of good governance and promote the rule of law. Therefore, the main question addressed here is: did the seven laws produced under Habibie government achieve the standard of the promotion of good governance and the rule of law? In order to answer the question, I evaluate those laws at three levels: drafting process, content, and implementation. The thesis also considers demands for reform, Habibies motivation/interest, political tension and compromise, along with national and international pressures, as additional explanations. Having examined all research questions, data and evidence, the thesis argues that Indonesian law reform in Habibies term fell a long way short of the maximum standard for promoting good governance and the rule of law.
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