Adriaan Bedner
Datos Biográficos
| ID | 134668 |
|---|---|
| NOMBRE | Adriaan Bedner |
| NOMBRES | Adriaan |
| APELLIDO | Bedner |
| FIRMA | BEDNER A |
| AFILIACIONES | Leiden University |
| ORCID | 0000-0002-7282-1620 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 16 |
| TOTAL DE CITAS | 67 |
| TOTAL COMO AUTOR | 16 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 2008 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2025 |
| ÍNDICE H | 4 |
The Perils of Legal Formalism
On the Need to Study Weak State Institutions
New Ways of Teaching Adat (Customary) Law at Indonesian Law Schools
While customary law typically is not the sole legal system regulating people's daily lives, it still plays a big role in shaping the behavior of countless individuals worldwide. For this reason, law schools in many countries teach customary law courses, but these courses often present customary law as a sterile set of principles and norms detached from studying social reality. This approach associates customary law with traditional communities wh…
Forum-shopping in criminal law
Effective Protection of Fundamental Rights in a pluralist world
Ecological Sustainability from a Legal Philosophy Perspective
Gustav Radbruch has made a fundamental contribution to legal thought, namely by offering the concept of legal justice, legal benefit, and legal certainty as the main purposes of law. Albeit those three legal ideas had become widely accepted in legal circles, they are yet to be fully developed. This research reflects that those three legal ideas are not fully capable of addressing legal issues related to the ever-increasing threats of ecological c…
Legal Education in Indonesia
Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension between a legal education preparing students for legal practice and one preparing them for a broad range of generalist positions. However, we argue that legal education in Indonesia is also marred by…
Adat in Indonesian Land Law
At present the contestation of the Indonesian state’s dispossessory policies regarding land and other natural resources is dominated by a discourse based on adat. This situation is reminiscent of the colonial period, when invoking adat was a relatively effective means of protecting Indonesians from losing their land to plantation companies supported by the Netherlands-Indies government. However, adat lost its traction when Indonesia became indepe…
Law-Making as a Strategy for Change
In 2014, the Indonesian president signed a new Village Law (no. 6/2014). This statute started a new phase in the ongoing history of village governance policy, moving the village from a position as an administrative unit in a top-down system towards one of an autonomous community. The present article analyses how distinct "policy communities" in Indonesia started a process that helped shape the 2014 Village Law in order to promote their long-term …
Autonomy of law in Indonesia
Autonomy of law in Indonesia This article seeks to answer how useful the theoretical approaches developed in Europe and the United States are for explaining or understanding the autonomy of law in Indonesia – a nation that is on the verge of becoming a lower-middle-income country and whose legal system presents many of the features found in other developing countries’ legal systems. The article first sketches three lines of theoretical thought th…
Decentralisation and village governance in Indonesia
This article looks at the work of Franz and Keebet von Benda-Beckmann on decentralisation and village governance in Indonesia.1. When writing about Franz von Benda-Beckmann's work on village government, one automatically writes about the work by his wife Keebet as well, because they have always co-authored the articles on this subject. We will, therefore, not try to make an artificial distinction between their respective contributions to this fie…
Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia
This article examines the developments in Indonesian family law in the aftermath of the political transition that occurred in 1998. Its focus is on the position of the Islamic courts and the role of the women’s movement as a driver of reform. Combining literature on gender, Islam, and the state in Indonesia with new material such as divorce rates, cases of the Constitutional Court, and law reform initiatives, the authors argue that the family law…
Debate
An Elementary Approach to the Rule of Law
Consequences of Decentralization
After having been one of the most centralized states in the world for more than thirty years, in 2001 Indonesia introduced a sweeping program of decentralization with important consequences for the management of the industrial sector. This article explores whether the decentralization process has led to substantial changes in Environmental Impact Assessment (EIA) and enforcement of water pollution law. Its main findings are that the general divis…
Court reform
The return of the native in Indonesian law
Although the UN-proclaimed 'Decade for Indigenous Peoples' officially ended in 2004, the continuing array of activities in support of special 'indigenous rights' shows that this movement has lost little of its impetus. In spite of criticism of the underpinnings and of the consequences of attributing special rights to 'indigenous communities' (Kuper 2003), support for them has remained strong - among NGOs, international organizations, governments,…
Adat in Indonesian Land Law
At present the contestation of the Indonesian state’s dispossessory policies regarding land and other natural resources is dominated by a discourse based on adat. This situation is reminiscent of the colonial period, when invoking adat was a relatively effective means of protecting Indonesians from losing their land to plantation companies supported by the Netherlands-Indies government. However, adat lost its traction when Indonesia became indepe…
An Elementary Approach to the Rule of Law
The return of the native in Indonesian law
Although the UN-proclaimed 'Decade for Indigenous Peoples' officially ended in 2004, the continuing array of activities in support of special 'indigenous rights' shows that this movement has lost little of its impetus. In spite of criticism of the underpinnings and of the consequences of attributing special rights to 'indigenous communities' (Kuper 2003), support for them has remained strong - among NGOs, international organizations, governments,…
Law-Making as a Strategy for Change
In 2014, the Indonesian president signed a new Village Law (no. 6/2014). This statute started a new phase in the ongoing history of village governance policy, moving the village from a position as an administrative unit in a top-down system towards one of an autonomous community. The present article analyses how distinct "policy communities" in Indonesia started a process that helped shape the 2014 Village Law in order to promote their long-term …
Autonomy of law in Indonesia
Autonomy of law in Indonesia This article seeks to answer how useful the theoretical approaches developed in Europe and the United States are for explaining or understanding the autonomy of law in Indonesia – a nation that is on the verge of becoming a lower-middle-income country and whose legal system presents many of the features found in other developing countries’ legal systems. The article first sketches three lines of theoretical thought th…
Consequences of Decentralization
After having been one of the most centralized states in the world for more than thirty years, in 2001 Indonesia introduced a sweeping program of decentralization with important consequences for the management of the industrial sector. This article explores whether the decentralization process has led to substantial changes in Environmental Impact Assessment (EIA) and enforcement of water pollution law. Its main findings are that the general divis…
The Perils of Legal Formalism
Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia
This article examines the developments in Indonesian family law in the aftermath of the political transition that occurred in 1998. Its focus is on the position of the Islamic courts and the role of the women’s movement as a driver of reform. Combining literature on gender, Islam, and the state in Indonesia with new material such as divorce rates, cases of the Constitutional Court, and law reform initiatives, the authors argue that the family law…
Court reform
The return of the native in Indonesian law
Although the UN-proclaimed 'Decade for Indigenous Peoples' officially ended in 2004, the continuing array of activities in support of special 'indigenous rights' shows that this movement has lost little of its impetus. In spite of criticism of the underpinnings and of the consequences of attributing special rights to 'indigenous communities' (Kuper 2003), support for them has remained strong - among NGOs, international organizations, governments,…
Consequences of Decentralization
After having been one of the most centralized states in the world for more than thirty years, in 2001 Indonesia introduced a sweeping program of decentralization with important consequences for the management of the industrial sector. This article explores whether the decentralization process has led to substantial changes in Environmental Impact Assessment (EIA) and enforcement of water pollution law. Its main findings are that the general divis…
An Elementary Approach to the Rule of Law
Debate
Decentralisation and village governance in Indonesia
This article looks at the work of Franz and Keebet von Benda-Beckmann on decentralisation and village governance in Indonesia.1. When writing about Franz von Benda-Beckmann's work on village government, one automatically writes about the work by his wife Keebet as well, because they have always co-authored the articles on this subject. We will, therefore, not try to make an artificial distinction between their respective contributions to this fie…
Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia
This article examines the developments in Indonesian family law in the aftermath of the political transition that occurred in 1998. Its focus is on the position of the Islamic courts and the role of the women’s movement as a driver of reform. Combining literature on gender, Islam, and the state in Indonesia with new material such as divorce rates, cases of the Constitutional Court, and law reform initiatives, the authors argue that the family law…
Autonomy of law in Indonesia
Autonomy of law in Indonesia This article seeks to answer how useful the theoretical approaches developed in Europe and the United States are for explaining or understanding the autonomy of law in Indonesia – a nation that is on the verge of becoming a lower-middle-income country and whose legal system presents many of the features found in other developing countries’ legal systems. The article first sketches three lines of theoretical thought th…
Law-Making as a Strategy for Change
In 2014, the Indonesian president signed a new Village Law (no. 6/2014). This statute started a new phase in the ongoing history of village governance policy, moving the village from a position as an administrative unit in a top-down system towards one of an autonomous community. The present article analyses how distinct "policy communities" in Indonesia started a process that helped shape the 2014 Village Law in order to promote their long-term …
Adat in Indonesian Land Law
At present the contestation of the Indonesian state’s dispossessory policies regarding land and other natural resources is dominated by a discourse based on adat. This situation is reminiscent of the colonial period, when invoking adat was a relatively effective means of protecting Indonesians from losing their land to plantation companies supported by the Netherlands-Indies government. However, adat lost its traction when Indonesia became indepe…
Legal Education in Indonesia
Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension between a legal education preparing students for legal practice and one preparing them for a broad range of generalist positions. However, we argue that legal education in Indonesia is also marred by…
Ecological Sustainability from a Legal Philosophy Perspective
Gustav Radbruch has made a fundamental contribution to legal thought, namely by offering the concept of legal justice, legal benefit, and legal certainty as the main purposes of law. Albeit those three legal ideas had become widely accepted in legal circles, they are yet to be fully developed. This research reflects that those three legal ideas are not fully capable of addressing legal issues related to the ever-increasing threats of ecological c…
New Ways of Teaching Adat (Customary) Law at Indonesian Law Schools
While customary law typically is not the sole legal system regulating people's daily lives, it still plays a big role in shaping the behavior of countless individuals worldwide. For this reason, law schools in many countries teach customary law courses, but these courses often present customary law as a sterile set of principles and norms detached from studying social reality. This approach associates customary law with traditional communities wh…
Forum-shopping in criminal law
Effective Protection of Fundamental Rights in a pluralist world
The Perils of Legal Formalism
On the Need to Study Weak State Institutions
Political science (13 obras) · Law (10 obras) · Legal Studies and Policies (7 obras) · Asian Studies and History (6 obras) · Indonesian Legal and Regulatory Studies (6 obras) · Law (6 obras) · Politics (6 obras) · Economics (5 obras) · Geography (5 obras) · Indonesian (5 obras)