从政治竞争看宪法法院在亚洲的不同命运——对韩国、印尼和泰国的比较分析

作为西方国家法治进步的产物,宪法法院在20世纪后期陆续进入亚洲国家,成为民主转型过程中重要的制度设计,但其实际效果却存在差异。韩国宪法法院在功能上呈现"多点开花"的态势,在民主、法治和人权等领域均表现良好。印尼宪法法院成功解决了总统选举过程中的争议,维护了基本的民主规则。相比之下,泰国宪法法院则经历了"高开低走"的蜕变。它在成立初期相对较好地履行了宪法赋予的职责,2006年之后却越来越深入地卷入到政治斗争之中,丧失了独立品格,做出了一系列明显违反法治精神的判决。对此,既有解释存在"西方中心主义"的弊端,而且难以同时解释宪法法院在建立和运行两个阶段的不同情况。作为一种以民主转型国家实践经验为基础的学说,政治竞争理论因其内生性、系统性的视角而具有更强的解释力。以该理论视角观察宪法法院在韩国、印尼和泰国的不同命运,在验证其科学性的同时,可以发现其中隐含的前提条件及其适用范围的有限性。     

Party presidentialization in post-Suharto Indonesia

ABSTRACT

Indonesia presents an extremely rare quasi-experimental research case: the constitutional reforms and the transition to full presidentialism have effected a presidentialization of political parties that is largely in line with the changes predicted by the model of Samuels and Shugart [2010. Presidents, parties and prime ministers: How separation of powers affects party organization and behaviour. Cambridge: Cambridge University Press]. Especially the rise of the new president and his difficult relationship with his own party are testimony to this. But a closer look reveals that the model has to be adapted to Indonesian politics. Presidents have tools to forge grand coalitions and to overcome the dualism to an extent. The size and history of political parties as well as wider socio-economic changes, that is an increasing oligarchization of party organization, have to be considered. Moreover, highly personalized vehicle parties serving the interests of a presidential candidate have emerged. It follows that institutional and structural incentives combined have produced a party system consisting of different party types.     

The politics of history in West Papua - Indonesia conflict

This study examines how history is used as a source of legitimacy and a political instrument in the sectarian conflict between the Indonesian government and the West Papua nationalists. This paper explores the debate surrounding two historical aspects relevant to West Papua’s demand for independence: first, West New Guinea’s past as part of the Dutch colony and its relations with Indonesia and second, the 1969 referendum, the so-called Act of Free Choice, to decide West Papua’s fate. The Indonesian democratization in 1998 provided momentum to revise the narration of West Papua’s history. Democracy has empowered the Papuans as the victims of a power struggle to challenge the previous Indonesia’s monolithic narration of history. The Papuans’ alternative narration of history also serves as a medium of liberation from oppression by the Indonesian government. The Papuan story counters the theory that the narration of history is a privilege of the ruler and the winner.     

The Disengagement of Indonesian Jihadists: Understanding the Pathways

While much research has been conducted on the radicalization of Muslim militants from Jemaah Islamiyah, its spinoffs, and splinter factions; the historical roots of Indonesian radical movements; and their ideological underpinnings, far less analysis has centered on how and why individual militants may come to disengage from violence. Disengagement is defined as a gradual process through which a member of a terror group, radical movement, gang, or cult comes to reject the use of terror methods in pursuit of their goals. Utilizing original fieldwork conducted between 2010 and 2014, with fifty current and former members of Islamist extremist groups in Indonesia, this article will unpack the patterns, pathways, religious considerations, and psychological processes that propel individual militants to turn away from violence.     

Indonesia’s maritime connectivity development: domestic and international challenges

This study considers the political aspects of the Joko Widodo government’s megaproject to build an integrated marine logistic system known as the tol laut. Expanding the existing literature which gives details about the contextual obstacles faced by and the prospects for the Indonesian government to pursue its infrastructure ambitions, the study argues that notwithstanding the relevance of the tol laut for advancing the Indonesian economy, it is inevitably entangled with dynamic internal and external environments which can unfavourably distort the construction processes. This is the way of understanding the political economy of Indonesia’s development issues which allows for the juxtaposition of domestic political and international relations factors as its framework of analysis. The discussion is divided into four sections. Section one explains the conceptual and methodological foundation of the study. Section two outlines the importance of the tol laut to Indonesian national economic development. Section three looks at how the current domestic political settings pose structural hurdles to Widodo’s tol laut, and section four observes the effect of international relations of powerful regional actors and Jakarta’s diplomatic capacity to the on-going tol laut. The concluding section summarizes the findings of the study.     

Why (most) Indonesian businesses fear the ASEAN Economic Community: struggling with Southeast Asia’s regional corporatism

By the end of 2015 the Association of Southeast Asian Nations (ASEAN) had ushered in a common market, the ASEAN Economic Community (AEC). However, the groups most affected by it – small businesses – were bypassed in the decision-making process. They are the victims of a selectively inclusive state corporatism which member countries have transferred from their domestic political system to the regional level. In this article I argue that the decision to create the AEC was promoted by ASEAN governments together with foreign economic and local corporate interests. This coalition was able to frame the AEC in a way that small businesses perceived it as a win-win scheme. Empirically the article focuses on Indonesia.     

Historicizing the power of civil society: a perspective from decentralization in Indonesia

The devolution of power to subnational governments and the involvement of civil society in policy decisions and implementation are the twin pillars of neoliberal governance reforms in post-authoritarian Indonesia. Yet, for the poor, these reforms have failed to bring about downward accountability and popular participation. Based on a political ethnography in the Priangan highlands of West Java, this article explores how a civil society approach to decentralization has compromised local democracy. Drawing on state–society relations, state formation, and institutional choice literatures, and focusing on power relations, social structures, and historical experiences in Indonesia, the article illustrates the complicity of civil society in the failure of decentralization to benefit the poor.     

"妇女与发展":印尼的妇女非政府组织

本文考察了印尼妇女运动的发展过程,以及在此过程中印尼妇女非政府组织与妇女的社会动员所扮演的角色、起到的作用以及面临的各种问题.通过揭示印尼既定政治环境中妇女非政府组织、妇女的社会动员与妇女运动之间复杂的互动与联系,本文尝试对"妇女与发展"问题在印尼的表现进行初步的勾勒与分析.     

印尼外交政策研究的路径与方法

本文对印尼外交政策研究的方法进行了探讨,总结了印尼外交政策研究应遵循的一般规则.