Legal Evolution and Political Authority in Indonesia: Selected Essays

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Martinus Nijhoff Publishers, Sep 14, 2000 - Law - 349 pages
For nearly forty years, following the collapse of Indonesia's parliamentary system, Indonesia's once independent legal institutions were transformed into dedicated instruments of a powerful elite and allowed to sink into a deep mire of corruption and malfeasance. Legal process was devastated far beyond the capacity of any simple effort at reconstruction by post-Suharto governments. Indonesia's problems in this respect surpass those of other countries in the region compelled by economic crisis to re-examine institutional structures. The works reprinted in this collection constitute a case study over time of legal decay and the rise of reform interests in one of the most complex countries in the world. Written during a period of more than thirty years, beginning in the early 1960s, the essays trace several themes in the legal history of modern Indonesia. They make clear, however, that legal history is seldom that alone, but rather, like law itself, is largely derivative, fundamentally imbedded in the interest, ideas, purposes, and contentions of local political, social, and economic power.
 

Contents

Acknowledgements
1
Judicial Unification in PostColonial Indonesia
33
The Politics of Judicial Development in Indonesia
71
The Supreme Court and Adat Inheritance Law in Indonesia
99
Civil Law Change in Indonesia
119
Stratification Representation and Brokerage
143
Judicial Institutions and Legal Culture
161
Judicial Authority and the Quest for an Indonesian Rechtsstaat
215
The Origins of the Indonesian Advocacy
245
Legal Aid in Indonesia
283
Professional Lawyers and Reform in Indonesia
305
Social Movements Constitutionalism and Human Rights
321
Index
337
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