eprintid: 29495
rev_number: 11
eprint_status: archive
userid: 6
dir: disk0/00/02/94/95
datestamp: 2018-02-20 08:34:30
lastmod: 2018-02-20 08:34:30
status_changed: 2018-02-20 08:34:30
type: book_section
metadata_visibility: show
creators_name: Lukito, Ratno
title: The Politics of Legal Pluralism in
Indonesia: The State's Rational
Approach to Islamic Law and Adat
ispublished: pub
subjects: plu_ra
divisions: a-buku
full_text_status: restricted
keywords: Politics, Legal Pluralism,
Indonesia, Islamic Law, Adat
abstract: The state's attitude towards legal pluralism in Indonesia has remained
basically unchanged since independence. For the last six decades the state
has been the dominant force in regulating legal pluralism. This may be a
logical consequence of the civil law system embraced so far- the Dutch
colonial civil law system inherited from the Dutch East Indies - which
renders the institution of law inseparable from the state. As a result, the
creation and establishment of law are understood more as a process that
occurs through state legislation, while creative processes that take place
beyond the state are certain to be rejected. Although in practical terms
dialogue between state and society is necessary in the process of law-making
the final decision is the prerogative of the state. This is the teaching behind
the ideology of state positivism. The government of Indonesia has prescribed
that while the state upholds the principle of legal pluralism it will always
be the sole institution in the process of legal catalization and legislation.
Seen from the framework of legal pluralism this strategy is known as "state
law pluralism", whereby legal pluralism in a nation-state is possible as long
as the state is the sole agent of law-making (Griffiths 1986: 1; Woodman
1999: 3-5).
date: 2013-11-01
date_type: published
series: Bunga Rampai
volume: Vol. 1
number: Cet. 1
publisher: University of Malaya Press
place_of_pub: Kuala Lumpur
pagerange: 81-96
pages: 28
refereed: TRUE
isbn: 978-983-100-597-2
book_title: Islamic thought in southeast Asia new interpretations and movement
citation:   Lukito, Ratno  (2013) The Politics of Legal Pluralism in Indonesia: The State's Rational Approach to Islamic Law and Adat.   In:  Islamic thought in southeast Asia new interpretations and movement.   Bunga Rampai, Vol. 1  (Cet. 1).  University of Malaya Press, Kuala Lumpur, pp. 81-96.  ISBN 978-983-100-597-2     
document_url: https://digilib.uin-suka.ac.id/id/eprint/29495/1/Ratno%20Lukito%20-%20IslamicThoughtSoutheastAsia.jpg
document_url: https://digilib.uin-suka.ac.id/id/eprint/29495/2/Ratno%20Lukito%20-%20PoliticsLegalPluralism.pdf