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Brief Public Service Announcement: I have not posted longer articles in quite some time. I apologize, the academic semester has kept me busy. However, I am posting regular news articles on the Rule by Hukum Facebook page. So if you want a free clipping service about legal developments in Southeast Asia, check it out.

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Another new MK Justice (Indonesia)

The MK is undergoing dramatic changes this year. Back in March, when Mahfud MD stepped down from the Mahkamah Konstitusi, the DPR began the process of appointing a replacement and publicly held fit-and-proper tests for several candidates. The DPR finally decided upon Pak Arief Hidayat, former law professor at Diponegoro University in Semarang. 

Now, with Ahmad Sodiki’s resignation, President SBY had to find a replacement candidate. He selected former Justice & Human Rights Minister Patrialis Ackbar. As a former minister, Patrialis fits the pattern of presidential appointees to the MK. 
However, as with Hidayat, his appointment seems to be controversial. According to The Jakarta Globe, the Legal Aid Foundation (YLBHI) has criticized the process of the appointment for not being transparent. Indeed, this is the first mention of Patrialis’ candidacy, much less his appointment, that I have seen.
On the other hand, the legal requirements for MK appointments are quite vague. Constitutional Court Law Art. 19 states that the nomination must be “transparent” and “participative,” while Art. 20 stipulates that it should be “objective” and “accountable.” Moreover, it’s not clear if there is a remedy for violating these principles. The Constitutional Court would not unseat one of its members.
While the terms of the other justices are set to expire in August, most of the serving justices are either younger than 67 (the mandatory retirement age) or are only in their first terms. As such, it seems unlikely that we’ll see significantly more change on the court.

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Facebook & Twitter pages!

Hello Rule by Hukum readers. After almost four years, I’ve decided it’s time to enter the social media age and set up a Facebook and Twitter account for Rule by Hukum. Of course, I’ll still be posting articles on this blog, but now Facebook and Twitter addicts can receive posts there as well. Better late than never…

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Book Review: Shadow of Doubt

I haven’t forgotten that I promised to post my book review about Shadow of Doubt. The Columbia Journal of Asian Law has published the article in the Spring 2011 edition of their journal. Once I have a pdf I’ll post it for anybody interested (short story: it’s a great read).

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Indonesian prison switcheroo

Indonesia’s criminal system is once again under suspicion. This time, a woman convicted of illegally selling government-subsidized fertilizer paid another woman to serve her sentence. According to The Jakarta Post, several prison guards noticed something odd about the new prisoner. We’ll see if this scandal prompts serious reforms or investigations.

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