The Federation Press

Indonesia: Law and Society

Overview

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.

Reviews

...It is a complex and sensitive relationship borne of the differences in history, demographics, political, legal and cultural background. This book is useful as a bridge for academics, government officials and students of both countries. It is considered to be the most authoritative modern text in the English language on Indonesian law and society today. - Australian International Law Journal, p304

This book contains a series of essays on indonesian society and its law... the various essays sketch the essential basics of major pockets of legal issues ... at the end of each chapter is a fairly comprehensive bibliography to enable readers to follow up each subject. ... This is an extremely interesting book for those who require some detailed knowledge of Indonesia and it Indonesian legal system. - (2009) 83 ALJ 774

This volume is not limited to discussions of courts and corruption. It is far richer. It is a work of very broad scope, inclduing discussions ranging from intellectual property law to labour law, to forestry law, to the uncertain laws relating to extra-martial sex in modern Indonesia.
This is an eye-opening work and is easy to recommend. - Andrew Field, Law institute Journal of Victoria, Jan/Feb 2009

There is still no comparable, English language text in existence. - Law Society Journal of NSW, July 2008

Indonesia Law and Society has two stated aims (at page xi): ‘to introduce Indonesia’s complex and unusual legal system to thos unfamiliar with it ...[and]... to provide the more knowledgeable reader with a series of specialist essays on a broad range of importnat contemporary issues in Indonesian law’. The book succeeds in fulfilling these aims.

Contributors to the project comprise an impresive cohort of scholars and practitioners...[they] provide the global understanding of black letter law legal systems and the trading and cultural environment necessary to gain an insight into the mosaic that is Indonesia’s legal and associated life. - Louise Floyd, Hearsay, Issue 31: November 2008, The Journal of the Bar Association of Queensland

Reviews of the 1st edition
The essays in Parts I and II range from history of law, especially under the Republic, through the problems of land reform, to the relationship between the state and the shari’a. Part III deals with sexuality, marriage and the law, giving due attention to New Order violence against women. Parts IV, V and VII elaborate on the legal culture of the late-Sukarno and Soeharto regimes. They deal with questions concerning the rule of law and politics, the relationship between judges, lawyers and the state, and the problem of human rights. Many of these essays analyse the lofty ideals of the rule of law and the integralistic, familistic state, and their degeneration in practice in independent Indonesia ... Personally, I like these discussions. ... Many authors point to the timeliness of, the social demand for, and the benefits of the rule of law. Especially in this era of globalization, commercial regulation has become a necessity: this is the subject of Part VI. How it will all develop in Indonesia is unpredictable for now. The collection of essays does, however, offer a high-quality inventorization of law, and of law and society up to the beginning of the Habibie presidency. As such it constitutes a very useful baseline for clearing up the mess and proceeding with legal reform. - Bijdragen tot de Taal-, Land- en Volkenkunde, Vol 157.1, 2002

The book contains wide-ranging and incisive writings covering the grounds of Indonesian society from various angles: legal, sociological, cultural and political. The fact that Ariel Budiman, a well-known critic of the authorities, gave his imprimateur in the foreword, lends assurances to the would-be reader that the content of the book is insightful and not shying away from showing the cracks and faultlines of the landscape. The book gives the reader an encompassing picture where the complex and colourful fabric of Indonesian society is highlighted. ... The book comes with a comprehensive glossary of terminology, acronyms and abbreviations used in all its 27 chapters as well as a table of statutes and an extensive index. References and footnotes point in the right directions, readers who seek deeper knowledge into any specific field. Lindsey deserves congratulations for his efforts in gathering essays of such high quality into this volume. - Jakarta Post

Table of Contents

A Reformed Republic?

The Trajectory of Law Reform in Indonesia
Tim Lindsey and Mas Achmad Santosa
Constitutional Reform in Indonesia: Muddling towards Democracy
Tim Lindsey
Between State and Society: Professional Lawyers and Reform in Indonesia
Daniel S Lev
Indonesian Law Reform, or Once More into the Breach: A Brief Institutional History
David Linnan

Adat and Law in a Plural System

Positivism and Romanticism in Indonesian Legal Thought
David Bourchier
Between Crime and Custom: Extra-Marital Sex in Modern Indonesian Law
Sebastiaan Pompe Hukum Adat
Adat, Conflict and Reconciliation: The Kei Islands, Southeast Maluku
Craig Thorburn

Decentralisation and Land Law

Decentralisation and Legal Reform in Indonesia: The Pendulum Effect
Leo Schmit
Indonesian Land Law and Administration
Jude Wallace
Beyond Dualism: Land Acquisition and Law in Indonesia
Daniel Fitzpatrick
Forest and Mining Legislation in Indonesia
Carolyn Marr

Islam and Law

Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts
Simon Butt
Legislating Social Change in an Islamic Society: Indonesia’s Marriage Law
Mark Cammack, Lawrence A Young and Tim Heaton
Indonesian Islamic Banking in Historical and Legal Context
Abdullah Saeed
Islamic Inheritance Law in Indonesia; The Influence of Jazairin’s Theory of Bilateral Interitance
Mark Cammack

Judges and Lawyers

Surat Sakti: the Decline of the Authority of Judicial Decisions in Indonesia
Simon Butt
The Importance of Private Law Doctrine in Indonesia
Gary F Bell
Indonesia’s Nation and Local Ombudsman Reforms: Salvaging a Failed Experiment?
Melissa Crouch
Measuring Up? Indonesia’s Anti-Corruption Commission and the New Corruption Agenda
Stewart Fenwick
The Bali Bombing East Timor Trials and the Aceh Human Rights Court – Retrospectivity, Impunity and Constitutionalism
Ross Clarke

Human Rights, Gender and the Law

The Legal Framework of Human Rights in Indonesia
Jeff Herbert
Gender and Law Reform in Indonesia: Overcoming Entrenched Barriers
Nursyahbani Katjasungkana
Culture, Ideology and Human Rights: The Case of Indonesia’s Code of Criminal Procedure
Daniel Fitzpatrick
Legal Responses to Violence in post-Soeharto Indonesia
Jemma Purdey
Labour Law and Practice in post-Soeharto Indonesia
Luke Arnold

Commercial Law and Reform

Contract and Contract Enforcement in Indonesian: An Institutional Assessment
Veronica Taylor
Commercial Law Enforcement in Indonesia: The Manulife Case
David Linnan
Intellectual Property in Indonesia: A Problematic Legal Transplant
Simon Butt
The Competition Commission: A New Kind of Player in Indonesia’s Legal System
John R Davis

Resources
Glossary
Table of Cases and Decisions
Table of Legislation
Sources
Index

Of interest...