An Introduction To Indonesian Law : Unity In Diversity

An Introduction To Indonesian Law : Unity In Diversity PDF

Author: Sudargo Gautama

Publisher: Penerbit Alumni

Published: 2022-02-07

Total Pages: 247

ISBN-13:

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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.

Indonesian Law

Indonesian Law PDF

Author: Tim Lindsey

Publisher: Oxford University Press

Published: 2018-09-06

Total Pages: 416

ISBN-13: 0191665568

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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.

Van Vollenhoven on Indonesian Adat Law

Van Vollenhoven on Indonesian Adat Law PDF

Author: J.F. Holleman

Publisher: BRILL

Published: 2023-06-26

Total Pages: 377

ISBN-13: 9004649700

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The introduction to this English translation of a selection from Van Vollenhoven's study of indigenous Indonesian law outlines the historical significance of his work, showing its background in the complex administrative and legal system of the Dutch East Indies, the trends in Dutch colonial legal and economic policy, and the development of adat law scholarship from the early 1900s onwards. The chapters chosen concentrate almost entirely on the adat law of some of the indigenous peoples of Indonesia and are the following: Adat, adat law, native law; The elements of adat law; The study of adat law; Law areas; Aceh; The Minangkabau law area; Central and East Java, with Madura; The maintenance and development of Indonesian adat law; Epilogue. A list of publications on adat law by Van Vollenhoven has been added.

Indonesia, Law and Society

Indonesia, Law and Society PDF

Author: Timothy Lindsey

Publisher: Federation Press

Published: 2008

Total Pages: 756

ISBN-13: 9781862876606

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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.

Law and Religion in Indonesia

Law and Religion in Indonesia PDF

Author: Melissa Crouch

Publisher: Routledge

Published: 2013-11-12

Total Pages: 282

ISBN-13: 1134508360

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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.

Treaties Under Indonesian Law

Treaties Under Indonesian Law PDF

Author: Dr. Iur. Damos Dumoli Agusman

Publisher: Rosda

Published: 2015-10-01

Total Pages: 564

ISBN-13: 9796925974

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Buku ini meneliti masalah perjanjian di bawah hukum internasional dalam hubungannya dengan hukum domestik, buku ini terutama ditujukan untuk siswa, legislator dan praktisi hukum yang tertarik menegakkan hukum internasional di Indonesia. Buku ini semakin menarik karena berisi analisis komparatif dari negara-negara yang dipilih: China, Afrika Selatan, Jerman dan Belanda. Buku Persembahan Penerbit Rosda

Legal Pluralism in Indonesia

Legal Pluralism in Indonesia PDF

Author: Ratno Lukito

Publisher: Routledge

Published: 2013

Total Pages: 290

ISBN-13: 0415673429

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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.