Legal Pluralism In Indonesia

Author : Ratno Lukito
Publisher : Routledge
Page : 290 pages
File Size : 55,5 Mb
Release : 2013
Category : Law
ISBN : 9780415673426

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Legal Pluralism in Indonesia by Ratno Lukito Pdf

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.

Author : Sudargo Gautama,Robert N. Hornick
Publisher : Penerbit Alumni
Page : 247 pages
File Size : 49,8 Mb
Release : 2022-02-07
Category : Law
ISBN : 8210379456XXX

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An Introduction To Indonesian Law : Unity In Diversity by Sudargo Gautama,Robert N. Hornick Pdf

Indonesian law is a remarkably complex mixture of Dutch legislation, uniquely indigenous institutions and Islamic commandments. It is hoped that this book will clarify some of the dimensions of this complexity, and that it will help to fill the need for introductory materials in English. The book is organized loosely around a general theme of fundamental importance in Indonesia: the division of the country into “population groups” based on racial origin, and the legal pluralism which has resulted from this division. The national motto of Indonesia - Bhinneka Tunggal Ika, “Unity in Diversity” is in part a response to this division. In the first chapter we discuss the origins of legal pluralism. In Chapters 2-5 we focus on several substantive areas - marriage and divorce, agrarian law, mortgages, contract law - where pluralism has been especially important. In chapter 6 we describe the law of conflicts which developed in the 20th century as a result of legal pluralism. Finally, in chapter 7, we consider some of the efforts in the last several years to achieve unification.

Author : Gary F Bell
Publisher : Flipside Digital Content Company Inc.
Page : 318 pages
File Size : 40,6 Mb
Release : 2018-02-14
Category : Law
ISBN : 9789814786676

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Pluralism, Transnationalism and Culture in Asian Law by Gary F Bell Pdf

This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.

Author : Arskal Salim
Publisher : Edinburgh University Press
Page : 232 pages
File Size : 54,5 Mb
Release : 2015-02-10
Category : Law
ISBN : 9780748693481

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Contemporary Islamic Law in Indonesia by Arskal Salim Pdf

Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.

Author : Norbert Oberauer,Yvonne Prief,Ulrike Qubaja
Publisher : BRILL
Page : 268 pages
File Size : 52,8 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004398269

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Legal Pluralism in Muslim Contexts by Norbert Oberauer,Yvonne Prief,Ulrike Qubaja Pdf

Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

Author : Franz von Benda-Beckmann,Keebet von Benda-Beckmann
Publisher : Cambridge University Press
Page : 529 pages
File Size : 46,9 Mb
Release : 2013-08-15
Category : Law
ISBN : 9781107434844

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Political and Legal Transformations of an Indonesian Polity by Franz von Benda-Beckmann,Keebet von Benda-Beckmann Pdf

Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.

Author : Chiara Formichi
Publisher : Southeast Asia Program Publications
Page : 276 pages
File Size : 42,8 Mb
Release : 2021
Category : Indonesia
ISBN : 1501760432

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Religious Pluralism in Indonesia by Chiara Formichi Pdf

"Addresses the state of religious pluralism in the post-Suharto era (1965-1998) with case-studies from across the religious spectrum (Animism, Buddhism, Christianity, Confucianism, Hinduism, and Islam) and across the social sciences. The volume opens a number of windows on how the state, its government bodies, civil society groups, and individuals have experienced the five principles of Pancasila as a framework for the attempted integration of minorities and majorities across the archipelagic state"--

Author : Paul Schiff Berman
Publisher : Cambridge University Press
Page : 357 pages
File Size : 47,9 Mb
Release : 2012-02-27
Category : Law
ISBN : 9780521769822

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Global Legal Pluralism by Paul Schiff Berman Pdf

We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Author : Marcus Colchester
Publisher : Forest Peoples Programme
Page : 361 pages
File Size : 47,6 Mb
Release : 2011
Category : Indigenous peoples
ISBN : 9786169061175

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Divers Paths to Justice by Marcus Colchester Pdf

Author : Melissa Crouch
Publisher : Routledge
Page : 282 pages
File Size : 50,8 Mb
Release : 2013-11-12
Category : Political Science
ISBN : 9781134508365

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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.

Author : William Hurst
Publisher : Cambridge University Press
Page : 321 pages
File Size : 49,7 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781108427203

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Ruling Before the Law by William Hurst Pdf

Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.

Author : Timothy Lindsey
Publisher : Federation Press
Page : 756 pages
File Size : 41,7 Mb
Release : 2008
Category : Law
ISBN : 1862876606

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Indonesia, Law and Society by Timothy Lindsey Pdf

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.

Author : John Richard Bowen
Publisher : Cambridge University Press
Page : 314 pages
File Size : 46,7 Mb
Release : 2003-05-29
Category : Political Science
ISBN : 0521531896

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Islam, Law, and Equality in Indonesia by John Richard Bowen Pdf

This book looks at how Muslims in Indonesia struggle to reconcile radically different sets of social norms and laws.

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 45,6 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Author : Saldi Isra
Publisher : PT. RajaGrafindo Persada - Rajawali Pers
Page : 268 pages
File Size : 44,8 Mb
Release : 2021-10-19
Category : Law
ISBN : 9786233720939

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Indonesian Law In Transition: Perspectives, Challenges and Prospects of Ongoing Law Reform by Saldi Isra Pdf

Indonesia vast legal system is often misunderstood due to its complexity and pluralism It is an amalgamation of inherited Dutch civic and criminal codes, 76 years of national law development under both authoritarian and democratic administrations, as well as revivals of pre-colonial Islamic and customary adat law. As Indonesia economy and population continue to grow to among the largest in the world, it has never been more important to understand how the country’s laws are evolving The world’s third-largest democracy and home to the largest Muslim population, Indonesia is a law-based nation but faces an array of challenges in the ongoing reformation of the legal system Tackling corruption, protecting the environment, court reform, and implications of technological change are just a few of the issues. For 70 years, the Faculty of Law at Andalas University in Padang, West Sumatra, has been producing legal scholars and practitioners to help guide the development of Indonesia’s legal system Compiled by Saldi Isra, this book is a collection of contributions from the Law Faculty’s academic staff, who identify and explain some of the major constitutional, political, social and economic issues within Indonesia’s changing legal landscape.