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Book
xix, 291 pages ; 25 cm.
  • Part I: Foundations Introduction Chapter 1: Theorizing Judicial Heroes Part II: The First Generation Court Chapter 2: The Birth of the Constitutional Court: A Joke that turned Serious Chapter 3: A Heroic Intellectual Leadership Chapter 4: (Un)Heroic Quasi-Weak-Form Review Chapter 5: A Heroic Social Leadership Part III: The Second Generation Court Chapter 6: After the Heroic Court: The Second Generation Decline? Chapter 7: Miscarriage of Chief Justices: The Anti-Heroes Chapter 8: A Good Hero is Hard to Find: Towards a Less Heroic Court? Part IV: Conclusions Chapter 9: Conclusion: The "Heroic Judicial Leadership" and "Second Generation Decline" in Comparative Perspective.
  • (source: Nielsen Book Data)9781138296428 20180611
This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia's recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court's authority while fortifying the Court's status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book's findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
(source: Nielsen Book Data)9781138296428 20180611
Green Library
Book
xix, 291 pages ; 25 cm.
  • Part I: Foundations Introduction Chapter 1: Theorizing Judicial Heroes Part II: The First Generation Court Chapter 2: The Birth of the Constitutional Court: A Joke that turned Serious Chapter 3: A Heroic Intellectual Leadership Chapter 4: (Un)Heroic Quasi-Weak-Form Review Chapter 5: A Heroic Social Leadership Part III: The Second Generation Court Chapter 6: After the Heroic Court: The Second Generation Decline? Chapter 7: Miscarriage of Chief Justices: The Anti-Heroes Chapter 8: A Good Hero is Hard to Find: Towards a Less Heroic Court? Part IV: Conclusions Chapter 9: Conclusion: The "Heroic Judicial Leadership" and "Second Generation Decline" in Comparative Perspective.
  • (source: Nielsen Book Data)9781138296428 20180611
This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia's recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court's authority while fortifying the Court's status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book's findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
(source: Nielsen Book Data)9781138296428 20180611
Law Library (Crown)
Book
xiv, 207 pages ; 24 cm.
  • Preface Abbreviations Glossary Chapter 1: Islam and Pluralism Setting the scene - sholat dwi bahasa Ritual prayer - a Pillar of Islam Islam, the Constitution and the State Contribution of the Research - Why Rawls? Chapter Outline Chapter 2: Rawls and the Challenge of Faith Political liberalism Overlapping Consensus Public reason The Role of Courts Commentary and critique Agreement and Divergence Conclusion Chapter 3: Faith and Freedom in Indonesian Law The Promotion and Protection of Religion State, Law and Religion Judicial review of the Blasphemy Law The Constitution - Compromise or Compromised? Conclusion Chapter 4: MUI - The Institutionalising of Indonesian Islam Islam in Indonesia Innovation and related concepts Innovation in Indonesian Islam Majelis Ulama Indonesia and its fatawa Orthodoxy Entrenched Conclusion Chapter 5: Case Study Part 1 - The Language of Devotion Pondok Itikaf Jamaah Ngaji Lelaku The publications The fatawa Key events Reaction and Resonances Conclusion Chapter 6: Case Study Part 2 - Innovation on Trial The Indictment Evidence Defence Case Court Decision Appeals Blasphemy - A Case Note Conclusion Chapter 7: Islam, Public Reason and the State Case Study of Post-Soeharto Indonesia Rawls, Islam and the State Pluralism and Liberalism in Indonesia Rawls and Indonesian Pluralism Postscript Bibliography International Instruments Legislation and Legislative Instruments Cases Books and Journal Articles Index.
  • (source: Nielsen Book Data)9781138694675 20170220
This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world's largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country's liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world's largest Muslim nation. A key objective is to test the argument that Rawls' thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.
(source: Nielsen Book Data)9781138694675 20170220
Green Library
Book
xiv, 207 pages ; 24 cm.
  • Islam and pluralism
  • Rawls and the challenge of faith
  • Faith and freedom in Indonesian law
  • MUI : the institutionalising of Indonesian islam
  • Case study part 1: The language of devotion
  • Case study part 2: Innovation on trial
  • Islam, public reason and the state.
This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world's largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country's liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world's largest Muslim nation. A key objective is to test the argument that Rawls' thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.
(source: Nielsen Book Data)9781138694675 20170220
Law Library (Crown)
Book
xxvii, 263 pages ; 22 cm
  • The state and religion : an overview
  • Theorizing regulation of religion
  • Religion and religious life in Indonesia : legacies from the past
  • Negotiating boundaries of religion roles in the state system
  • Religion and intrusive constitutions
  • Ketuhanan yang maha esa : contests of meaning and interpretation
  • The Ministry of Religious Affairs, the Muslim community and the administration of religious life
  • Regulating ketuhanan yang maha esa in public life
  • Suharto's new order's regime, development programme and religion
  • Govermentalization of religious policies
  • Managing religious tension
  • Islamic populism over minority rights
  • Old issues new controversies : cases of the places of worship, the Ahmadiyah Group and the judicial review of the vilification law.
This book analyses the relation between state and religion in Indonesia, considering both the philosophical underpinning of government intervention on religious life but also cases and regulations related to religious affairs in Indonesia. Examining state regulation of religious affairs, it focuses on understanding its origin, history and consequences on citizens' religious life in modern Indonesia, arguing that while Indonesian constitutions have preserved religious freedom, they have also tended to construct wide-ranging discretionary powers in the government to control religious life and oversee religious freedom. Over more than four decades, Indonesian governments have constructed a variety of policies on religion based on constitutional legacies interpreted in the light of the norms and values of the existing religious majority group. A cutting edge examination of the tension between religious order and harmony on one hand, and protecting religious freedom for all on the other, this book offers a cutting edge study of how the history of regulating religion has been about the constant negotiation for the boundaries of authority between the state and the religious majority group.
(source: Nielsen Book Data)9789811028267 20170502
Law Library (Crown)
Book
xxvii, 263 pages : illustration ; 22 cm
  • Introduction.- The State and Religion: an Overview.- Theorising Regulation of Religion.- Religion and Religious Life in Indonesia: Legacies from the Past.- Negotiating Boundaries of Religion Roles in the State System.- Religion and the Intrusive Constitutions.- Ketuhanan Yang Maha Esa: Contests of Meaning and Interpretation.- The Ministry of Religious Affairs, Muslim Community and the Administration of Religious Life.- Regulating Ketuhanan Yang Maha Esa in Public Life.- Suharto New Order's Regime, Development Program and Religion.- Governmentalisation of Religious Policies.- Managing Religious Tension.- Islamic Populism over Minority Rights.- Old Issues New Controversies: Cases of the Place of Worship, the Ahmadiyah Group and the Judicial Review of Vilification Law.- Conclusion.
  • (source: Nielsen Book Data)9789811028267 20170502
This book analyses the relation between state and religion in Indonesia, considering both the philosophical underpinning of government intervention on religious life but also cases and regulations related to religious affairs in Indonesia. Examining state regulation of religious affairs, it focuses on understanding its origin, history and consequences on citizens' religious life in modern Indonesia, arguing that while Indonesian constitutions have preserved religious freedom, they have also tended to construct wide-ranging discretionary powers in the government to control religious life and oversee religious freedom. Over more than four decades, Indonesian governments have constructed a variety of policies on religion based on constitutional legacies interpreted in the light of the norms and values of the existing religious majority group. A cutting edge examination of the tension between religious order and harmony on one hand, and protecting religious freedom for all on the other, this book offers a cutting edge study of how the history of regulating religion has been about the constant negotiation for the boundaries of authority between the state and the religious majority group.
(source: Nielsen Book Data)9789811028267 20170502
Green Library
Book
xiv, 270 pages ; 24 cm
  • List of abbreviations-- Acknowledgements-- Introduction-- 1. How state elites mediate the influence of Islamist activists in Indonesia-- 2. Islamist activism, the state and shari'a policymaking between 1945 and 1998-- 3. State elites and institutional change-- 4. The accumulation and exercise of power in local politics after 1998-- 5. Islamist parties after 1998: mobilization without influence-- 6. The mobilization and lobbying efforts of Islamist movements after 1998-- 7. Providing political resources in exchange for the adoption of shari'a regulations-- 8. Conclusion: summary of findings and avenues for future research-- Appendix 1-- Appendix 2-- Appendix 3-- Bibliography-- Index.
  • (source: Nielsen Book Data)9781107130227 20161003
The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.
(source: Nielsen Book Data)9781107130227 20161003
Law Library (Crown)
Book
xiv, 270 pages ; 24 cm
  • List of abbreviations-- Acknowledgements-- Introduction-- 1. How state elites mediate the influence of Islamist activists in Indonesia-- 2. Islamist activism, the state and shari'a policymaking between 1945 and 1998-- 3. State elites and institutional change-- 4. The accumulation and exercise of power in local politics after 1998-- 5. Islamist parties after 1998: mobilization without influence-- 6. The mobilization and lobbying efforts of Islamist movements after 1998-- 7. Providing political resources in exchange for the adoption of shari'a regulations-- 8. Conclusion: summary of findings and avenues for future research-- Appendix 1-- Appendix 2-- Appendix 3-- Bibliography-- Index.
  • (source: Nielsen Book Data)9781107130227 20161003
The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.
(source: Nielsen Book Data)9781107130227 20161003
Green Library
Book
xxxviii, 184 pages ; 25 cm.
  • 1. Introduction 2. The international legal framework for REDD+ 3. Indonesia and international climate law and policy 4. The institutional environment for REDD+ in Indonesia 5. Implementing international law in Indonesian law 6. National regulatory framework for REDD+ in Indonesia 7. Jurisdictional conflicts and REDD+ 8. Judicial and administrative relief and remedies 9. The Indonesian Constitutional Court and REDD+ 10. Conclusion.
  • (source: Nielsen Book Data)9781138833623 20160618
Deforestation in tropical rainforest countries is one of the largest contributors to human-induced climate change. Deforestation, especially in the tropics, contributes around 20 per cent of annual global greenhouse gas emissions, and, in the case of Indonesia, amounts to 85 per cent of its annual emissions from human activities. This book provides a comprehensive assessment of the emerging legal and policy frameworks for managing forests as a key means to address climate change. The authors uniquely combine an assessment of the international rules for forestry governance with a detailed assessment of the legal and institutional context of Indonesia; one of the most globally important test case jurisdictions for the effective roll-out of 'Reduced Emissions from Deforestation and Degradation' (REDD). Using Indonesia as a key case study, the book explores challenges that heavily forested States face in resource management to address climate mitigation imperatives, such as providing safeguards for local communities and indigenous peoples. This book will be of great relevance to students, scholars and policymakers with an interest in international environmental law, climate change and environment and sustainability studies in general.
(source: Nielsen Book Data)9781138833623 20160618
Green Library
Book
1 online resource (348 pages) : illustrations
  • About the Book Commonly-used Acronyms and Abbreviations Glossary and Abbreviations List of Cited Legal Instruments Commonly-cited Constitutional Provisions Statutes and Emergency Laws Other Instruments List of Cited Cases Constitutional Review Cases Electoral Disputes 2004 Legislative Election 2009 Legislative Election 2014 Legislative Election Presidential Elections Pemilukada Disputes Decisions of Other Courts 1 Introduction 1 Structure of the Book 2 Introduction to the Constitutional Court Part I: Introduction to the Constitutional Court 2 Establishment of the Constitutional Court 1 The Introduction of Constitutional Courts and Judicial Review 2 The Need for a Constitutional Court 2.1 Concern for Human Rights 3 International Influences for the Court 4 Historical and Political Factors 4.1 Constitutional Debates 4.2 Judicial Subjugation 4.3 Ideological Competitors 4.4 Structural Reforms and the Fading of Pancasila 4.5 Constitutional Reform as a Political Survival Tactic 5 Debates about Form and Jurisdiction 6 Conclusion 3 The Structure of the Court Judges, Access, Decision-making and Enforcement 1 Judicial Appointment 1.1 Prerequisites 1.2 Nomination 2 Dismissal of Judges 2.1 Dismissal Process 2.2 Arsyad Sanusi 2.3 Akil Mochtar 3 Access to the Constitutional Court 3.1 Standing: Who Can Bring an Application Before the Court? 3.2 Complaints of Damage to Constitutional Rights 3.3 Political Parties, Parliamentarians and Parliaments 3.4 Reviews Granted Despite Lack of Standing 3.5 Court Costs and Timing 4 Decision-making of the Constitutional Court 4.1 Structure of Judgments 4.2 Style and Extrinsic Material 4.3 Use of Precedent 4.4 Dissents 5 Enforcement of Constitutional Court Decisions 5.1 Resistance to Enforcement 5.2 Government Compliance with Decisions Part II: Constraints on the Constitutional Court's Decision-making and Jurisdiction 4 External Constraints on the Constitutional Court The Constitution and the Legislature 1 Constitutional Constraints 1.1 Limitation of Constitutional Review to Statutes 1.2 The Court as a `Negative Legislator' 2 Legislative Latitude 2.1 KPK Law Case (2003) 2.2 Opened Legal Policy 2.3 Article 28J(2) and Proportionality 3 Statutorily-imposed Constraints of the 2003 Constitutional Court Law 3.1 Rulings on the Court's Own Interests 3.2 Article 50 cases 3.3 MK Perpu Case (2014) 5 Court-imposed Constraints 1 Review Limited to Norms 1.1 Implementation or Interpretation of Statutes 1.2 Wijaya and Lubis Case (2008) 1.3 Blasphemy Law Case (2010) 1.4 Retrospectivity Cases 1.5 Inconsistencies in Court-imposed Constraints 1.6 Sisa Suara Case (2009) 1.7 KPK Commissioners Case (2011) 2 Prospectivity of Decisions 2.1 Lese Majeste Case (2006) 2.2 Bali Bombing Case (2003) 2.3 Death Penalty (2007) and Firing Squad (2008) Cases 2.4 Discussion 2.5 Exceptions 3 Injunctions 3.1 Criticisms of the Court-Awarded Injunctions 6 Jurisdictional Expansion 1 The 2011 Amendments and their Invalidation 2 Structure of this Chapter 3 Conditional (Un)constitutionality 3.1 2011 Amendments and the Court's Response 4 Orders to Lawmakers 4.1 Education Budget Cases 4.2 Anti-Corruption Court Case (2007) 4.3 2011 Amendments and the Court's Response 5 Ultra petita 5.1 2011 Amendments and the Court's Response 6 Legal Certainty 6.1 2011 Amendments and the Court's Response 7 Government Policy 8 Interim Emergency Laws (Perpu) 8.1 Saor Siagian Case (2009) 8.2 MK Perpu Case (2014) 9 Implication of Rights Part III: Constitutional Challenges to Electoral Statutes 7 Indonesian Elections Systems, Laws and Scope for Challenges 1 Constitutional Framework 2 Election-related Statutes and Regulations 2.1 Statutory Evolution 2.2 Explaining Multiple Challenges to Similar Norms 3 DPR and DPRD Elections 3.1 The List System 3.2 Affirmative Action 3.3 Seat Allocation 3.4 Establishment and Verification 4 DPD Elections 4.1 The DPD Jurisdiction Case (2012) 4.2 DPD Elections 5 Presidential Elections 6 Pemilukada 7 Customary Voting Procedures 8 Election Institutions and Administration 8.1 Constitutional Court Cases 8 Legislative Elections 1 Judicial Review of Candidacy Rules 1.1 PKI Case (2003) 1.2 Former Convicts 1.3 Civil Servant Candidate Case (2010) 1.4 Political Rights of Police and Armed Forces 2 Party Establishment and Verification 3 Contesting the `Next Election': The Election Threshold Cases 4 The Parliamentary Threshold 4.1 Parliamentary Threshold Case (2009) 4.2 Parliamentary Threshold and Party Verification Case (2012) 9 Electoral Districts and Seat Allocation 9.1 Seat Allocation 9.2 Third Round Allocation Dispute (2009) 10 The People versus the Parties 10.1 The List Cases 10.2 Affirmative Action 10.3 Removal from Parliament 10.4 Other Types of Removal 10.5 Suspensions 9 Presidential Elections 1 Judicial Review of the Presidential Electoral System 1.1 Two-candidate Presidential Election Case (2014) 1.2 Ethnic Minorities Case (2012) 1.3 Electoral Roll Case (2009) 2 Judicial Review of Candidacy 2.1 Party Nomination 2.2 Independent Candidates Case (2008) 2.3 Subsequent Independent Candidate Cases 3 Threshold for Presidential Nomination 3.1 Saurip Kadi Case (2008) 3.2 Subsequent Presidential Nomination Threshold Cases 4 Other Candidacy Cases 4.1 Abdurrahman Wahid Case (2004) 4.2 Tax Records Case (2009) 5 Simultaneous Presidential and Legislative Elections 5.1 Saurip Kadi Case (2008) 5.2 Simultaneous Elections Case (2013) 5.3 Critique and Controversy 6 Future Challenges to Presidential Elections Part IV: Constitutional Court Returns Jurisprudence 10 Electoral Disputes before the Constitutional Court Between `Mahkamah Kalkulator' and `Substantive Justice' 1 Differing Approaches 2 2004 Elections 2.1 Legislative Elections 2.2 Presidential Elections 3 Pemilukada (2008-2012) 3.1 East Java Case (2008) 3.2 Breaches in the Electoral Process that Led to Recounts or Revotes 3.3 Testing the Scope of Electoral Process Breaches 4 2009 Elections 4.1 Legislative Elections 4.2 Presidential Elections 5 2014 Elections 5.1 Legislative Elections 5.2 Presidential Elections 6 Evidence in Electoral Disputes 6.1 East Java Case (2008) 6.2 Reliance on Witness Testimony 6.3 Procedural and Evidentiary Hurdles to Review 7 The End of Pemilukada in the Constitutional Court 11 Conclusions Bibliography.
  • (source: Nielsen Book Data)9789004244177 20180530
The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body that actively and independently performs its functions and one which does not shy away from difficult cases. It has earned the respect of Indonesian citizens and members of government who comply with the Court's decisions as a matter of course, despite the Court's lack of official enforcement powers. Many of the Court's decisions have been controversial, yet criticism has focused on the perceived unfairness of the outcomes. This book seeks to forge a new path in this debate by offering a balanced critique of the Constitutional Court's jurisprudence and decision-making practices.
(source: Nielsen Book Data)9789004244177 20180530
Book
xxxv, 312 pages : illustrations ; 25 cm
  • Establishment of the constitutional court
  • The structure of the court
  • External constraints
  • Court-imposed constraints
  • Jurisdictional expansion
  • Indonesian elections
  • Legislative elections
  • Presidential elections
  • Electoral disputes before the constitutional court : between 'Mahkamah Kalkulator' and 'substantive justice'.
The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body that actively and independently performs its functions and one which does not shy away from difficult cases. It has earned the respect of Indonesian citizens and members of government who comply with the Court's decisions as a matter of course, despite the Court's lack of official enforcement powers. Many of the Court's decisions have been controversial, yet criticism has focused on the perceived unfairness of the outcomes. This book seeks to forge a new path in this debate by offering a balanced critique of the Constitutional Court's jurisprudence and decision-making practices.
(source: Nielsen Book Data)9789004244177 20180530
Law Library (Crown)
Book
xi, 214 p. : ill., maps ; 25 cm
The first ethnographic account of legal disputes, practice and institutions in post tsunami Aceh. 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. It covers legal disputes surrounding inheritance, marriage and divorce, legislation and law making, land dispute, non Muslims and sharia, and religious courts; includes compelling legal case studies from the post disaster situation and presents law as a site of contestation reflecting the unique set of conflicts arising after the 2004 tsunami.
(source: Nielsen Book Data)9780748693337 20160618
Green Library
Book
xi, 214 pages : illustrations, maps ; 24 cm.
  • Introduction
  • Unpacking legal pluralism
  • Shifting legal orders
  • Competing jurisdictions
  • Unequal legal options
  • Contested lawmaking
  • Disputed land ownership
  • Orphaned grandchildren
  • Insurance benefits
  • Triple divorce
  • Conclusion.
The first ethnographic account of legal disputes, practice and institutions in post tsunami Aceh. 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. It covers legal disputes surrounding inheritance, marriage and divorce, legislation and law making, land dispute, non Muslims and sharia, and religious courts; includes compelling legal case studies from the post disaster situation and presents law as a site of contestation reflecting the unique set of conflicts arising after the 2004 tsunami.
(source: Nielsen Book Data)9780748693337 20160618
Law Library (Crown)
Book
184 pages : illustrations ; 28 cm
  • Introduction to property law
  • Property ownership
  • Limitations on use
  • Disposition of property
  • Expropriation.
Law Library (Crown)
Book
viii, 194 pages ; 24 cm.
  • Introduction 1. Women's Movements in Muslim Societies 2. Women and the Implementation of Islamic Law in Aceh 3. Gender and Women's Movements in Aceh 4. Conversation on Equality and Rights 5. MISPI, Agency, Identity, and the Reform of Islamic law in Aceh Conclusion.
  • (source: Nielsen Book Data)9781138819368 20160618
This book examines the life of women in the Indonesian province of Aceh, where Islamic law was introduced in 1999. It outlines how women have had to face the formalisation of conservative understandings of sharia law in regulations and new state institutions over the last decade or so, how they have responded to this, forming non-governmental organisations (NGOs) that have shaped local discourse on women's rights, equality and status in Islam, and how these NGOs have strategised, demanded reform, and enabled Acehnese women to take active roles in influencing the processes of democratisation and Islamisation that are shaping the province. The book shows that although the formal introduction of Islamic law in Aceh has placed restrictions on women's freedom, paradoxically it has not prevented them from engaging in public life. It argues that the democratisation of Indonesia, which allowed Islamisation to occur, continues to act as an important factor shaping Islamisation's current trajectory; that the introduction of Islamic law has motivated women's NGOs and other elements of civil society to become more involved in wider discussions about the future of sharia in Aceh; and that Indonesia's recent decentralisation policy and growing local Islamism have enabled the emergence of different religious and local adat practices, which do not necessarily correspond to overall national trends.
(source: Nielsen Book Data)9781138819368 20160618
SAL3 (off-campus storage)
Book
v, 224 pages : illustrations ; 28 cm
  • Introduction
  • The presidency
  • The government
  • The judiciary
  • The national parliament.
Law Library (Crown)
Book
vii, 188 pages ; 28 cm
  • Introduction to contracts
  • Formation of contracts
  • Performance
  • Non-performance, enforcement, and remedies.
Law Library (Crown)
Book
341 pages : color illustrations ; 28 cm
  • Introduction to criminal law
  • Elements of a crime
  • General principles
  • Defenses
  • Penalties
  • Crimes against life
  • Crimes against physical integrity & personal liberty
  • Crimes against immovable property
  • Crimes against moveable property.
Law Library (Crown)
Book
xxvi, 214 pages : maps ; 25 cm.
  • 1. Introdcution Part 1: Context 2. Hostility to Christian Activities: Origins and Policies 3. Religious Ideology, Representation and Reform Part 2: Legal Case Studies 4. Child Protection and Limits on Proselytization 5. Conflict over Sacred Sites 6. Insulting a Religion 7. Conclusion.
  • (source: Nielsen Book Data)9780415835947 20160614
Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world's largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government's ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.
(source: Nielsen Book Data)9780415835947 20160614
Green Library
Book
xxvi, 214 pages : maps ; 24 cm.
  • Hostility to Christian activities : origins and policies
  • Religious ideology, representation and reform
  • Child protection and limits on proselytization
  • Conflict over sacred sites
  • Insulting a religion.
Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world's largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government's ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.
(source: Nielsen Book Data)9780415835947 20160614
Law Library (Crown)