Indonesia


Book Description

Indonesia: Law and Society is a comprehensive survey of the choices facing the world's fourth-largest country at the end of the twentieth century. It focuses on current issues including human rights, political reform, labour law, women's rights, sexuality, traditional customary land rights, judicial corruption and the status of East Timor, as well as the re-emergence of Islam: issues that have been debated since independence in 1945.Recognising that Indonesia's future is now tied to the global economy, this book also examines changing commercial culture and contract models, dispute resolution, intellectual property protection, press freedom, banking, the legal profession and the role of the economic crisis in social change.This is a book designed to give both a detailed insight into the legal and social controversies of contemporary Indonesia and to provide a general introduction to its complex legal system. Current issues are considered on the context of colonial and pre-colonial influences as well as the very different regimes of Presidents Soekarno, Soeharto and Habibie. Always the emphasis is on reformasi and prospects for the future.




Indonesian Law


Book Description

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


Book Description

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.







Defending Legal Freedoms in Indonesia


Book Description

Defending Legal Freedoms in Indonesia provides fresh insights into how cause lawyers navigate political and institutional change, by presenting and analysing the Indonesian Legal Aid Foundation (YLBHI), the oldest and most influential legal and human rights organisation in Indonesia. Based on rich ethnographic research, this book charts the developments of the organisation since its founding in 1970, its contribution to the ending of the authoritarian, military-backed New Order (1966-1998), its relative decline in the years following Indonesia’s democratisation and its revival in recent years as Indonesian democracy and human rights come under threat. The author examines the tactics the organisation has used, including show trials and working alongside grassroots communities, organising them and educating them about their rights. It highlights how this organisation flourished more under an authoritarian regime than under democracy and how its present, prominent, adversarial-political version of cause lawyering is playing a leading role in civil society resisting further erosion of democracy and human rights. The book addresses recent democratic erosion under President Joko Widodo, and documents pivotal moments in Indonesia’s contemporary history, such as the ‘Reform Corrupted’ mass demonstrations in 2019, illuminating how democracy shrinks, and how lawyers push back. The first book on Indonesia’s crucially important cause lawyering, activist lawyers’ group, this book will be of interest to researchers in Asian Law, Indonesian Studies. It is also an essential point of reference for future research in public lawyering in Asia.




Women and Property Rights in Indonesian Islamic Legal Contexts


Book Description

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.




Women and Sharia Law in Northern Indonesia


Book Description

This book examines the life of women in the Indonesian province of Aceh, where Islamic law was introduced in 1999. It outlines how women have had to face the formalisation of conservative understandings of sharia law in regulations and new state institutions over the last decade or so, how they have responded to this, forming non-governmental organisations (NGOs) that have shaped local discourse on women’s rights, equality and status in Islam, and how these NGOs have strategised, demanded reform, and enabled Acehnese women to take active roles in influencing the processes of democratisation and Islamisation that are shaping the province. The book shows that although the formal introduction of Islamic law in Aceh has placed restrictions on women’s freedom, paradoxically it has not prevented them from engaging in public life. It argues that the democratisation of Indonesia, which allowed Islamisation to occur, continues to act as an important factor shaping Islamisation’s current trajectory; that the introduction of Islamic law has motivated women’s NGOs and other elements of civil society to become more involved in wider discussions about the future of sharia in Aceh; and that Indonesia’s recent decentralisation policy and growing local Islamism have enabled the emergence of different religious and local adat practices, which do not necessarily correspond to overall national trends.




Indonesia, Law and Society


Book Description

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


Book Description

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.




The Leiden Legacy


Book Description

"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