Indonesia, Law and Society

Timothy Lindsey

Federation Press, 2008 - Islam law - 734 pages

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.

Contents

• A REFORMED REPUBLIC?: 1
• The trajectory of law reform in Indonesia A short overview of legal systems and change in Indonesia: 2
• Constitutional reform in Indonesia Muddling towards democracy: 23
• Between state and society Professional lawyers and reform in Indonesia: 48
• Indonesian law reform or once more unto the breach A brief institutional history: 68
• ADAT AND LAW IN A PLURAL SOCIETY: 93
• Positivism and romanticism in Indonesian legal thought: 94
• Between crime and custom Extramarital sex in modern Indonesian law: 105
• Adat law conflict and reconciliation The Kei Islands Southeast Maluku: 115
• DECENTRALISATION AND LAND LAW: 145
• Decentralisation and legal reform in Indonesia The pendulum effect: 146
• Indonesian land law and administration: 191
• Beyond dualism Land acquisition and law in Indonesia: 224
• Forests and mining legislation in Indonesia: 247
• ISLAM AND THE LAW: 265
• Polygamy and mixed marriage in Indonesia Islam and the Marriage Law in the courts: 266
• Legislating social change in an Islamic society Indonesias Marriage Law: 288
• Indonesian Islamic banking in historical and legal context: 313
• Islamic inheritance law in Indonesia The influence of Hazairins theory of bilateral inheritance: 329
• JUDGES AND LAWYERS: 345
• Surat sakti The decline of the authority of judicial decisions in Indonesia: 346
• The importance of private law doctrine in Indonesia: 363
• Indonesias national and local Ombudsman reforms Salvaging a failed experiment?: 382
• Measuring up? Indonesias AntiCorruption Commission and the new corruption agenda: 406
• The Bali Bombing East Timor trials and the Aceh Human Rights Court retrospectivity impunity and constitutionalism: 430
• HUMAN RIGHTS GENDER AND THE LAW: 455
• The legal framework of human rights in Indonesia: 456
• Gender and law reform in Indonesia Overcoming entrenched barriers: 483
• Culture ideology and human rights The case of Indonesias Code of Criminal Procedure: 499
• Legal responses to violence in postSoeharto Indonesia: 515
• Labour law and practice in postSoeharto Indonesia: 532
• COMMERCIAL LAW AND REFORM: 567
• Contract and contract enforcement in Indonesia An institutional assessment: 568
• Commercial law enforcement in Indonesia The Manulife case: 596
• Intellectual property in Indonesia A problematic legal transplant: 620
• The Competition Commission A new kind of player in Indonesias legal system: 636
• Glossary: 671
• Table of cases and decisions: 697
• Table of legislation: 699
• Sources: 712
• Index: 714

Bibliographic information

• Title: Indonesia, Law and Society
• Editor: Timothy Lindsey
• Publisher: Federation Press, 2008
• ISBN: 1862876606, 9781862876606
• Length: 734 pages