Indonesia: Law and Society (2nd Edition)

About the Publication

Indonesia: Law and Society surveys the legal system of the worlds largest Muslim society, the gigantic Southeast Asian democracy with the worlds fourth-largest population. The book tracks and explains the extraordinary process of Reformasi, the radical programme of legal, political and social change that replaced authoritarianism after the fall of Soeharto in 1998.
           The authors cover a wide range of current legal issues in Indonesia, including: commercial law; land law; constitutional change; crime and violence; terrorism; Islamization; indigenous rights; corruption; judicial reform; environmental law; human rights; race and gender discrimination; competition law; labour law; and bankruptcy law.
           Indonesia: Law and Society is the most comprehensive English language analysis of current Indonesian law. Contributors include leading scholars and lawyers from Indonesia, Europe, the United States, and Australia. Designed for use by both specialists and beginners, it offers a detailed insight into legal and social controversies in contemporary Indonesia, as well as a general introduction to its complex legal system.
          

Co-publication: The Federation Press

The Federation Press

Contents

Preliminary pages
PART I: A REFORMED REPUBLIC?
1. The trajectory of law reform in Indonesia: A short overview of legal systems and change in Indonesia, by Tim Lindsey, Mas Achmad Santosa, authors
2. Constitutional reform in Indonesia: Muddling towards democracy, by Tim Lindsey, author
3. Between state and society: Professional lawyers and reform in Indonesia
4. Indonesian law reform, or once more unto the breach: A brief institutional history
PART II: ADAT AND LAW IN A PLURAL SOCIETY
5. Positivism and romanticism in Indonesian legal thought
6. Between crime and custom: Extra-marital sex in modern Indonesian law
7. Adat, Conflict and Reconciliation: The Kei Islands, Southeast Maluku
PART III: DECENTRALISATION AND LAND LAW
8. Decentralisation and legal reform in Indonesia: The pendulum effect
9. Indonesian land law and administration
10. Beyond dualism: Land acquisition and law in Indonesia
11. Forest and mining legislation in Indonesia
PART IV: ISLAM AND THE LAW
12. Polygamy and mixed marriage in Indonesia: Islam and the Marriage Law in the courts
13. Legislating social change in an Islamic society: Indonesias Marriage Law
14. Indonesian Islamic banking in historical and legal context
15. Islamic inheritance law in Indonesia: The influence of Jazairin's theory of bilateral inheritance
PART V: JUDGES AND LAW
16. Surat Sakti: The decline of the authority of judicial decisions in Indonesia
17. The importance of private law doctrine in Indonesia
18. Indonesias national and local Ombudsman reforms: Salvaging a failed experiment?
19. Measuring up? Indonesias Anti-Corruption Commission and the new corruption agenda
20. The Bali Bombing, East Timor trials and the Aceh Human Rights Court retrospectivity, impunity and constitutionalism
PART VI: HUMAN RIGHTS, GENDER AND THE LAW
21. The legal framework of human rights in Indonesia
22. Gender and law reform in Indonesia: Overcoming entrenched barriers
23. Culture, ideology and human rights: The case of Indonesias Code of Criminal Procedure
24. Legal responses to violence in post-Soeharto Indonesia
25. Labour law and practice in post-Soeharto Indonesia
PART VII: COMMERCIAL LAW AND REFORM
26. Contract and contract enforcement in Indonesia: An institutional assessment
27. Commercial law enforcement in Indonesia: The Manulife case
28. Intellectual property in Indonesia: A problematic legal transplant
29. The Competition Commission: A new kind of player in Indonesia's legal system
Glossary
Table of cases and decisions
Table of legislation
Sources
Index

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