An Introduction To Indonesian Law : Unity In Diversity
An Introduction To Indonesian Law : Unity In Diversity

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.

Administrative Courts in Indonesia
Administrative Courts in Indonesia

Author: Adiaan Bedner

Publisher: BRILL

Published: 2021-09-06

Total Pages: 315

ISBN-13: 9004481990

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In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.

Legal Pluralism in Indonesia
Legal Pluralism in Indonesia

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.

The Revival of Tradition in Indonesian Politics
The Revival of Tradition in Indonesian Politics

Author: Jamie Davidson

Publisher: Routledge

Published: 2007-03-12

Total Pages: 751

ISBN-13: 1134118198

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The Indonesian term adat means ‘custom’ or ‘tradition’, and carries connotations of sedate order and harmony. Yet in recent years it has suddenly become associated with activism, protest and violence. This book investigates the revival of adat in Indonesian politics, identifying its origins, the historical factors that have conditioned it and the reasons behind its recent blossoming. It considers whether the adat revival is a constructive contribution to Indonesia’s new political pluralism or a divisive, dangerous and reactionary force, and examines the implications for the development of democracy, human rights, civility and political stability. The Revival of Tradition in Indonesian Politics provides detailed coverage of the growing significance of adat in Indonesian politics. It is an important resource for anyone seeking to understand the contemporary Indonesian political landscape.

Asia-Pacific Legal Development
Asia-Pacific Legal Development

Author: Gerry Ferguson

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 622

ISBN-13: 0774844140

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This manuscript is a collection of essays on various issues in Asia-Pacific legal systems. It has been written within the framework of comparative legal research; thus, chapters address various of the ASEAN nations, as well as Canada, Australia, and New Zealand. The topics in this comprehensive volume, which offer Canadian perspectives on contemporary Asian law, include securities, prostitution, environmental, and constitutional law.

Reading Asia
Reading Asia

Author: Frans Husken Huskin

Publisher: Routledge

Published: 2013-10-11

Total Pages: 355

ISBN-13: 1136843779

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This volume presents a wide variety of articles in the broad field of Asian Studies, covering the latest results of research within the social sciences and the humanities, reflecting the rich diversity within these areas of research. The contributions stem from research carried out by scholars who are or have been affiliated with the International Institute for Asian Studies (Leiden/Amsterdam).

Nine-Tenths of the Law
Nine-Tenths of the Law

Author: Christian Lund

Publisher: Yale University Press

Published: 2021-01-05

Total Pages: 265

ISBN-13: 030025556X

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An exploration of the relationship between possession and legalization across Indonesia, and how people navigate dispossession The old aphorism “possession is nine-tenths of the law” is particularly relevant in Indonesia, which has seen a string of regime changes and a shifting legal landscape for property claims. Ordinary people struggle to legalize their possessions and claim rights in competition with different branches of government, as well as police, army, and private gangs. This book explores the relationship between possession and legalization across Indonesia, examining the imaginative and improvisational interpretations of law by which Indonesians navigate dispossession.

Contents of Contracts and Unfair Terms
Contents of Contracts and Unfair Terms

Author: Mindy Chen-Wishart

Publisher: Oxford University Press

Published: 2020-11-30

Total Pages: 689

ISBN-13: 0192590790

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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.

Formation and Third Party Beneficiaries
Formation and Third Party Beneficiaries

Author: Mindy Chen-Wishart

Publisher: Oxford University Press

Published: 2018-01-19

Total Pages: 634

ISBN-13: 0192535633

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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.

Nations, National Narratives and Communities in the Asia-Pacific
Nations, National Narratives and Communities in the Asia-Pacific

Author: Norman Vasu

Publisher: Routledge

Published: 2013-09-05

Total Pages: 233

ISBN-13: 1134598173

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Many states in the Asia Pacific region are not built around a single homogenous people, but rather include many large, varied, different national groups. This book explores how states in the region attempt to develop commonality and a nation and the difficulties that arise. It discusses the consequences which ensue when competing narratives clash, and examines the nature of resistance to dominant narratives which arise. It considers the problems in a wide range of countries in the region including Indonesia, Malaysia, Singapore, Hong Kong, Korea, Australia and New Zealand.