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.

Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.

This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small scale case studies and abstract generalization. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings. Franz and Keebet Benda-Beckmann are both Head of Project Group for the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology, Halle (Germany).

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.

Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.

This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small-scale case studies and abstract generalisation. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault-lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings.