Download or read book Dynamic Legal Pluralism in Indonesia written by Arskal Salim and published by . This book was released on 2009 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Pluralism in Indonesia written by Ratno Lukito and published by Routledge. This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Political and Legal Transformations of an Indonesian Polity written by Franz von Benda-Beckmann and published by Cambridge University Press. This book was released on 2013-08-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Dynamics of Plural Legal Orders written by Franz von Benda-Beckmann and published by LIT Verlag Münster. This book was released on 2006 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small scale case studies and abstract generalization. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings. Franz and Keebet Benda-Beckmann are both Head of Project Group for the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology, Halle (Germany).
Download or read book An Introduction To Indonesian Law Unity In Diversity written by Sudargo Gautama and published by Penerbit Alumni. This book was released on 2022-02-07 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contemporary Islamic Law in Indonesia written by Arskal Salim and published by Edinburgh University Press. This book was released on 2015-02-10 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Journal of Legal Pluralism and Unofficial Law 61 2010 written by Gordon R. Woodman and published by LIT Verlag Münster. This book was released on 2011 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small-scale case studies and abstract generalisation. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault-lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings.
Download or read book Law and Religion in Indonesia written by Melissa Crouch and published by Routledge. This book was released on 2013-11-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book State Legal Pluralism written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book Indonesian Pluralities written by Robert W. Hefner and published by University of Notre Dame Pess. This book was released on 2021-01-15 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crisis of multiculturalism in the West and the failure of the Arab uprisings in the Middle East have pushed the question of how to live peacefully within a diverse society to the forefront of global discussion. Against this backdrop, Indonesia has taken on a particular importance: with a population of 265 million people (87.7 percent of whom are Muslim), Indonesia is both the largest Muslim-majority country in the world and the third-largest democracy. In light of its return to electoral democracy from the authoritarianism of the former New Order regime, some analysts have argued that Indonesia offers clear proof of the compatibility of Islam and democracy. Skeptics argue, however, that the growing religious intolerance that has marred the country’s political transition discredits any claim of the country to democratic exemplarity. Based on a twenty-month project carried out in several regions of Indonesia, Indonesian Pluralities: Islam, Citizenship, and Democracy shows that, in assessing the quality and dynamics of democracy and citizenship in Indonesia today, we must examine not only elections and official politics, but also the less formal, yet more pervasive, processes of social recognition at work in this deeply plural society. The contributors demonstrate that, in fact, citizen ethics are not static discourses but living traditions that co-evolve in relation to broader patterns of politics, gender, religious resurgence, and ethnicity in society. Indonesian Pluralities offers important insights on the state of Indonesian politics and society more than twenty years after its return to democracy. It will appeal to political scholars, public analysts, and those interested in Islam, Southeast Asia, citizenship, and peace and conflict studies around the world. Contributors: Robert W. Hefner, Erica M. Larson, Kelli Swazey, Mohammad Iqbal Ahnaf, Marthen Tahun, Alimatul Qibtiyah, and Zainal Abidin Bagir
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Leiden Legacy written by Peter Burns and published by Brill Academic Publishers. This book was released on 2004 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Dutch colonial power in Indonesia in the nineteenth century needed to clarify its understanding of the legal values and conventions of the peoples whom it claimed to rule. Dutch colonial lawyers tended to rationalize this legal culture, lumping together all kinds of indigenous legal customs from different areas as manifestations of adatrecht, or, customary law. The status of this legal system vis-a-vis Dutch colonial law was a source of continual depute and disagreement. The champions of adatrecht known as the Leiden School, with C. van Vollenhoven in the forefront, scored a victory around 1927 when adatrecht gained official recognition, though on the other hand it became the subject of mounting criticism. After World War II, the independent state of Indonesia paid lip service to adatrecht principles, but in practice treated it as irrelevant, or even an embarrassment."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book Pluralism Transnationalism and Culture in Asian Law written by Gary F Bell and published by Flipside Digital Content Company Inc.. This book was released on 2018-02-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Journal of Legal Pluralism and Unofficial Law 62 2010 written by Melanie Wiber and published by LIT Verlag Münster. This book was released on 2011-08-18 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brauchler examines the Indonesian decentralisation process and the revival of tradition and cultural self-determination in the Moluccas. Tuori studies restatements and codifications of customary laws in Africa. Harboe Knudsen considers European Union regulation of the marketing of dairy products in Lithuania. Douglas and Hersi examine the attitudes of Muslims to the smoking of khat. Simarmata studies the contrast between Indonesian state law and local officials' practice regarding natural resources use in East Kalimantan.
Download or read book Routledge Handbook of Contemporary Indonesia written by Robert W. Hefner and published by Routledge. This book was released on 2018-01-03 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
