Mapping the Relationship of Competing Legal Traditions in the Era of Transnationalism in Indonesia

Lukito, Ratno (2017) Mapping the Relationship of Competing Legal Traditions in the Era of Transnationalism in Indonesia. In: Pluralism, transnationalism, and culture in Asian law : A Book in Honour of M.B. Hooker. Bunga Rampai, Vol. 1 (Cet. 1). ISEAS Publishing, Singapore, pp. 90-115. ISBN 978-981-4762-72-4

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Abstract

When there is plural normativity, competition occurs between different legal traditions. This seems the direct result of the plurality of norms itself, which leads to conflicts of law, especially on interpersonal matters among parties with different legal traditions. The current direction of legal pluralism studies seems to follow this trend, where the competition between different laws existing within national law occupies the central theme. The state factor is here understandably dominant since the study is preoccupied mainly with the state's role in the encounters and its efforts fn the process of conflict resolution. Be that as it may, the approach used in this kind of study is always characteristically topdown, where the state, through its formal laws, is viewed as the main agent for the resolution of conflicts of laws. In our view, however, this method puts too much emphasis on the role of the state and neglects the real societal factors which lead people often to take active roles in the process of rapprochement between competing legal traditions. Using a top-down approach in the analysis of legal conflicts will

Item Type: Book Section
Uncontrolled Keywords: Pluralism, transnatiomalism, culture, asian law
Subjects: Pluralisme
Divisions: Buku
Depositing User / Editor: Sugeng Hariyanto, SIP (sugeng.hariyanto@uin-suka.ac.id)
Date Deposited: 20 Feb 2018 15:47
Last Modified: 20 Feb 2018 15:47
URI: http://digilib.uin-suka.ac.id/id/eprint/29496

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