TY  - CHAP
CY  - Singapore
ID  - digilib29496
UR  - https://digilib.uin-suka.ac.id/id/eprint/29496/
A1  - Lukito, Ratno
N2  - 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
M1  - Vol. 1
TI  - Mapping the Relationship of
Competing Legal Traditions in the
Era of Transnationalism in Indonesia
AV  - restricted
EP  - 115
Y1  - 2017/01/02/
PB  - ISEAS Publishing
KW  - Pluralism
KW  -  transnatiomalism
KW  -  culture
KW  -  asian law
T3  - Bunga Rampai
SN  - 978-981-4762-72-4
SP  - 90
T2  - Pluralism, transnationalism, and culture in Asian law : A Book in Honour of M.B. Hooker
ER  -