The popular 1998 reformasi movement that brought down President Suharto’s regime demanded an end to illegal practices by state officials, from human rights abuse to nepotistic investments. Yet today, such practices have proven more resistant to reform than people had hoped. Many have said corruption in Indonesia is "entrenched". We argue it is precisely this entrenched character that requires attention. What is state illegality entrenched in and how does it become entrenched? This involves studying actual cases. Our observations led us to rethink fundamental ideas about the nature of the state in Indonesia, especially regarding its socially embedded character. We conclude that illegal practices by state officials are not just aberrations to the state, they are the state. Almost invariably, illegality occurs as part of collective, patterned, organized and collaborative acts, linked to the competition for political power and access to state resources. While obviously excluding many without connections, corrupt behaviour also plays integrative and stabilizing functions. Especially at the lower end of the social ladder, it gets a lot of things done and is often considered legitimate. This book may be read as a defence of area studies approaches. Without the insights that grew from applying our area studies skills, we would still be constrained by highly stylised notions of the state, which bear little resemblance to the state’s actual workings. The struggle against corruption is a long-term political process. Instead of trying to depoliticize it, we believe the key to progress is greater popular participation. With contributions from Simon Butt, Robert Cribb, Howard Dick, Michele Ford, Jun Honna, Tim Lindsey, Lenore Lyons, John McCarthy, Ross McLeod, Marcus Mietzner, Jeremy Mulholland, Gerben Nooteboom, J Danang Widoyoko and Ian Wilson. This book is the result of a series of workshops supported, among others, by the Australian-Netherlands Research Collaboration (ANRC).

In September 2013, Indonesia officially signed a Voluntary Partnership Agreement (VPA) to guarantee the legality of all timber products exported to the EU. Under the Indonesian VPA, a timber legality assurance system known as SVLK (Sistem Verifikasi Legalitas Kayu) has already been developed and has been in effect since 1 January 2013 for woodworking, wood panels, and pulp and paper. When the VPA is fully implemented, SVLK will become FLEGT legality license and will meet European Union Timber Regulation (EUTR) requirements for legal timber. The objective of this paper is to analyze the challenges of implementing SVLK in the small-scale forestry sector of Indonesia. The paper also assesses whether a mandatory approach to legality verification will be more effective in terms of assuring legality than voluntary approaches, such as certification. The analysis involved desk-based analysis of government statistics, policy documents, key stakeholder interviews, and field surveys in three major timber-producing provinces of Indonesia — Central Java, East Kalimantan and Papua. The paper discusses a number of challenges facing the implementation of SVLK, among others the cost of timber legality verification, limited societal awareness of SVLK, business legality issues among small-scale enterprises, and high levels of illegality in their timber supply chains. The paper closes by presenting a detailed set of policy options to address the observed challenges.

The Madurese are one of the great maritime and trading peoples of the Indonesian Archipelago. This study takes readers into the trading villages of Madura, with their remarkable traditional vessels (perahu) that were powered by sail until the late twentieth century, and examines their informal-sector economic niches, notably the cattle, salt, and timber trades and the carriage of people. The book argues that the nature of village society, the physical characteristics of the island’s coast, cultural traditions of frugality and self-reliance, and an appetite for risk all contributed to the enduring success of Madurese traders. During Suharto’s New Order, Madurese seafarers prospered through their central role in the booming timber trade between Kalimantan and Java, using great ingenuity and quasi-legal means to negotiate state laws and regulations. Based on data collected during visits to remote ports and unlicensed sawmills in Kalimantan, perahu harbors in Java, and “wild” beach ports in Madura, the book explores the inner workings of Madurese maritime trade during a critical period that brought this village-based transport industry into a modern and increasingly regulated economic environment.

Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

What makes the control of corruption so difficult and contested? Drawing on the insights of political science, economics and law, the expert contributors to this book offer diverse perspectives. One group of chapters explores the nature of corruption in democracies and autocracies, and “reforms” that are mere facades. Other contributions examine corruption in infrastructure, tax collection, cross-border trade, and military procurement. Case studies from various regions – such as China, Peru, South Africa and New York City – anchor the analysis with real-world situations. The book pays particular attention to corruption involving international business and the domestic regulation of foreign bribery.

In Indonesia's Overseas Labour Migration Programme, 1969-2010, Wayne Palmer offers for the first time a detailed, critical analysis of the way in which Indonesia's Overseas Labour Migration Programme is managed and how that fits with other developments within the Indonesian government. Commonly portrayed as a corrupt bunch of officials out to line their own pockets at the expense of migrant workers' welfare, here we are shown that they also make exceptions to rules when the law and political climate are not on their side. Wayne Palmer used interviews with over 120 officials in six Indonesian provinces and three diplomatic missions in the Asia-Pacific region to understand motivations for corrupt and other illegal behaviour.

Oil palm plantations and smallholdings are expanding massively in Indonesia. Proponents highlight the potential for job creation and poverty alleviation, but scholars are more cautious, noting that social impacts of oil palm are not well understood. This report draws upon primary research in West Kalimantan to explore the gendered dynamics of oil palm among smallholders and plantation workers. It concludes that the social and economic benefits of oil palm are real, but restricted to particular social groups. Among smallholders in the research area, couples who were able to sustain diverse farming systems and add oil palm to their repertoire benefited more than transmigrants, who had to survive on limited incomes from a 2-ha plot.