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The introduction to this English translation of a selection from Van Vollenhoven's study of indigenous Indonesian law outlines the historical significance of his work, showing its background in the complex administrative and legal system of the Dutch East Indies, the trends in Dutch colonial legal and economic policy, and the development of adat law scholarship from the early 1900s onwards. The chapters chosen concentrate almost entirely on the adat law of some of the indigenous peoples of Indonesia.
The introduction to this English translation of a selection from Van Vollenhoven's study of indigenous Indonesian law outlines the historical significance of his work, showing its background in the complex administrative and legal system of the Dutch East Indies, the trends in Dutch colonial legal and economic policy, and the development of adat law scholarship from the early 1900s onwards. The chapters chosen concentrate almost entirely on the adat law of some of the indigenous peoples of Indonesia and are the following: Adat, adat law, native law; The elements of adat law; The study of adat law; Law areas; Aceh; The Minangkabau law area; Central and East Java, with Madura; The maintenance and development of Indonesian adat law; Epilogue. A list of publications on adat law by Van Vollenhoven has been added.
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.
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.
This important resource provides detailed coverage of the growing significance of adat in Indonesian politics. It identifies its origins, the historical factors that have conditioned it and the reasons behind its recent blossoming.
"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
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.