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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.
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.
For nearly forty years, following the collapse of Indonesia's parliamentary system, Indonesia's once independent legal institutions were transformed into dedicated instruments of a powerful elite and allowed to sink into a deep mire of corruption and malfeasance. Legal process was devastated far beyond the capacity of any simple effort at reconstruction by post-Suharto governments. Indonesia's problems in this respect surpass those of other countries in the region compelled by economic crisis to re-examine institutional structures. The works reprinted in this collection constitute a case study over time of legal decay and the rise of reform interests in one of the most complex countries in the world. Written during a period of more than thirty years, beginning in the early 1960s, the essays trace several themes in the legal history of modern Indonesia. They make clear, however, that legal history is seldom that alone, but rather, like law itself, is largely derivative, fundamentally imbedded in the interest, ideas, purposes, and contentions of local political, social, and economic power.
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.
"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