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Since the first edition, Indonesia has undergone massive political and legal change as part of its post-Soeharto reform process and its dramatic transition to democracy. This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary. Indonesia: Law and Society now covers a broad range of legal fields and includes both historical and very up-to-date analyses and views on Indonesian legal issues. It includes work by leading scholars from a wide range of countries. There is still no comparable, English language text in existence.
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.
Islamic Law and Society in Indonesia by Alfitri Pdf
No corporation is enthusiastic about paying tax, yet Islamic banks in Indonesia voluntarily pay corporate zakat. Why? The book analyzes corporate zakat norms and practices in Indonesia by investigating how Muslim jurists have interpreted sharīʿa of zakat and how these have been imposed through the legislative and regulatory framework. It also presents original case studies based on sociolegal field research on the reception of the new obligations in the Islamic banks that choose to pay – and choose not to pay – what is effectively a new tax. The book argues that the dynamics of sharīʿa interpretation, imposition, and compliance in Indonesia are too complex to be defined using the binaries of the religious versus the secular, public versus private, or tradition versus modernity. The corporate zakat context has revitalized the existing governance strategy in Islamic legal tradition and created a shared Islamic law vision between Islam and the state. Consequently, this fusion generates a mixed legal and religious consciousness toward corporate zakat. Addressing broader discussions on Islamic law and modernity, the book will be of interest to academics working on Asian and Comparative Law, sociolegal studies, anthropology of Indonesia, business studies of the Islamic world, Islamic/sharīʿa economics, Islamic law and politics, Islamic legal studies, Muslim society and Islam in Southeast Asia.
Law and Religion in Indonesia by Melissa Crouch Pdf
Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.
With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.
Routledge Handbook of Contemporary Indonesia by Robert W. Hefner Pdf
Few countries as culturally rich, politically pivotal, and naturally beautiful as Indonesia are as often misrepresented in global media and conversation. Stretching 3,400 miles east to west along the equator, Indonesia is the fourth most populous country in the world and home to more than four hundred ethnic groups and several major world religions. This sprawling Southeast Asian nation is also the world’s most populous Muslim-majority country and the third largest democracy. Although in recent years the country has experienced serious challenges with regard to religious harmony, its trillion-dollar economy is booming and its press and public sphere are among the most vibrant in Asia. A land of cultural contrasts, contests, and contradictions, this ever-evolving country is today rising to even greater global prominence, even as it redefines the terms of its national, religious, and civic identity. The Routledge Handbook of Contemporary Indonesia offers an overview of the modern making and contemporary dynamics of culture, society, and politics in this powerful Asian nation. It provides a comprehensive survey of key issues in Indonesian politics, economics, religion, and society. It is divided into six sections, organized as follows: Cultural Legacies and Political Junctures Contemporary Politics and Plurality Markets and Economic Cultures Muslims and Religious Plurality Gender and Sexuality Indonesia in an Age of Multiple Globalizations Bringing together original contributions by leading scholars of Indonesia in law, political science, history, anthropology, sociology, religious studies, and gender studies this Handbook provides an up-to-date, interdisciplinary, and academically rigorous exploration of Indonesia. It will be of interest to students, academics, policymakers, and others in search of reliable information on Indonesian politics, economics, religion, and society in an accessible format.
LAW, POLITICS & SOCIETY: The Unravelling of Malaysia and Indonesia Potentiality by Dr. Suyatno Ladiqi,Dr. Suparto Wijoyo, S.H., M.Hum.a,Aminuddin Mustaffa,DR. Prawitra Thalib, S.H.,M.H.,ACIArb Pdf
Penerbit: Airlangga University Press ISBN: 9786024737740 This book is the fourth compilation as a regular joint publishing effort since 2017 between Sultan Zainal Abidin University (UniSZA), Terengganu, Malaysia, and Airlangga University (UNAIR), Surabaya, Indonesia. Filled by lecturers and students, this book is expected to strengthen the relationship between the two universities and further strengthen the Malaysia-Indonesia relationship.
Author : R. Michael Feener,Mark E. Cammack Publisher : Islamic Legal Studies Program @ Harvard Law School Page : 352 pages File Size : 54,6 Mb Release : 2007 Category : Law ISBN : UOM:39015073655923
Islamic Law in Contemporary Indonesia by R. Michael Feener,Mark E. Cammack Pdf
The essays in this volume provide focused examinations of the internal dynamics of intellectual and institutional Islamic law in modern Indonesia, together offering a substantive introduction to important developments in both the theory and practice of law in the world's most populous Muslim society.
Religion, Law and Intolerance in Indonesia by Tim Lindsey,Helen Pausacker Pdf
Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.
Law Reform in Developing and Transitional States by Timothy Lindsey Pdf
This informative book examines examples of law reform projects in post-socialist and post-authoritarian states in Asia, identifies common problems, and proposes analytical frameworks for understanding them.
Religion, Law and Intolerance in Indonesia by Tim Lindsey,Helen Pausacker Pdf
Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.
Indonesian Politics and Society by David Bourchier,Vedi Hadiz Pdf
Using an exhaustive selection of primary sources, this book presents a rich and textured picture of Indonesian politics and society from 1965 to the dramatic changes which have taken place in recent years. Providing a complete portrait of the Indonesian political landscape, this authoritative reader is an essential resource in understanding the history and contradictions of the New Order, current social and political conditions and the road ahead.
Women and Property Rights in Indonesian Islamic Legal Contexts by John Bowen,Arskal Salim Pdf
In this volume, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare at critical moments of marriage, divorce, and death.