Legal Pluralism In Indonesia

The book investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat (customary) law, the two greatest non-state normative orderings, in the last two decades. At the same time the ideal of moderni [...]
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The book investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat (customary) law, the two greatest non-state normative orderings, in the last two decades. At the same time 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. The result has been a conception of law as a homogenous system in which the ideology of legal positivism represents the basic tool for lawmaking. This, however, has led to an impasse, seeing that pluralism and multiculturalism are in fact self-evident phenomena in the society. The state has been obliged, therefore, to accommodate these non-state normative orderings.