Current Issues in Indonesian Law

This subject is not offered in 2011.

Legal Method and Reasoning; Principles of Public Law; Torts; Contracts or in each case their equivalents.

For the purposes of considering requests for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Students Experiencing Academic Disadvantage Policy, academic requirements for this subject are articulated in the Subject Description, Subject Objectives, Generic Skills, and Assessment Requirements of this entry.

The University is dedicated to providing support to those with special requirements. Further details on the disability support scheme can be found at the Disability Liaison Unit website: http://www.services.unimelb.edu.au/disability/.

This subject will examine the legal system of Indonesia, the world's largest Muslim country, third largest democracy and fourth most populous state, through recent cases and legal controversies.

Topics covered in the subject will include, among others:

• Islamisation of laws (and new Islamic Codes in Aceh);
• Constitutional reforms;
• Decentralisation and proto-federalism;
• Human rights reforms and the military;
• Legal responses to terrorism (including the Bali bomb and embassy bomb trials);
• Narcotics regulation (including Corby and Bali 9 cases);
• Corruption regulation.

Note: The essay in this subject will be regarded as a substantial piece of legal writing for honours purposes.

On completion of this subject, students should:

• Have developed understandings of:
  
  - The structure and function of the Indonesian civil law system;
  - Differences between common law and civil law systems;
  - The operation of a plural system, including Western and Islamic law.
  
• Be able to draw on these understandings to:
  
  - To find, state and apply selected rules and principles of Indonesian law;
  - Critique the assumptions regarding the operation of Indonesian law.

Research essay of 5,000 words, 100% (due during the first week of the examination period) OR a final three-hour examination, 100%.

Printed materials will be available from the Melbourne Law School.

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• Attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage;
• The capacity for close reading and analysis of a range of sources;
• The capacity for critical and independent thought and reflection;
• The capacity to solve problems, including through the collection and evaluation of information;
• The capacity to communicate, both orally and in writing;
• The capacity to plan and manage time;
• The capacity to participate as a member of a team;
• Intercultural sensitivity and understanding.

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

• Legal analysis and problem-solving, including an ability to:
  
  - Critically analyse legal rules with reference to fundamental principles;
  
• Legal research skills, including an ability to:
  
  - Find foreign case law;
  - Find foreign statutes and subordinate legislation;
  - Identify the version of statutory provisions in force at a particular date.
  
• Legal writing skills, including an ability to:
  
  - Use foreign case law, where available and in English, as part of legal analysis;
  - Use statutes, where available and in English, as part of legal analysis.
  
• Identify and summarise legal principles;
• Identify and summarise fundamental principles;
• Use proper referencing and citation;
• Present an appropriately structured and supported complex legal argument, including the use of materials arising in foreign jurisdictions;
• Oral communication skills in participating in classroom problem solving and discussion;
• Have enhanced general cognitive skills in relation to reading and comprehending legal materials; logical analysis and reasoning; legal research and writing; application of legal principles to factual situations; identifying relevant factual information; identifying and considering options to resolve legal problems; and drawing on the knowledge of other disciplines to understand and resolve legal issues.