Between adat law and living law
An illusion of customary law incorporation into Indonesia penal system
Dados Bibliográficos
| ID | 14799685 |
|---|---|
| Autores | Tody Sasmitha Jiwa Utama (0000-0002-7315-4495, Universitas Gadjah Mada, autor correspondente) |
| Ano | 2021 |
| Volume | 53 |
| Fascículo | 2 |
| Páginas | 269-289 |
| Data de publicação | 2021-05-04 |
| Peer Reviewed | Sim |
| Open Access | Não |
| Tipo | ARTICLE |
| Periódico | The Journal of Legal Pluralism and Unofficial Law (JOURNAL) |
| Identificadores do periódico | ISSN: 0732-9113 • E-ISSN: 2305-9931 |
| Editora | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/07329113.2021.1945222 |
| OpenAlex | W3190792972 |
| Idioma | EN |
| Citações recebidas | 8 |
| Referências citadas | 38 |
The initiative to recognize and incorporate customary law into the state system is now a ubiquitous phenomenon. However, how and for what purposes such incorporation has to be performed is still a heated debate. Using the case of the Indonesian Bill of Criminal Code (BCC), this article examines how the government uses its law-making power to utilize customary law (adat law) and the legal and political benefits the state could earn from such utilization. I argue that, by constructing adat law as ‘living law’ and using it as the basis for criminal conviction, the BCC has continued its romantic, but legalistic, approach in managing legal pluralism. This article envisions that such incorporation will freeze the dynamic character of adat law, allowing the state to entrench its domination and create a false sense of security in responding to Indonesia’s legal pluralism challenges. Therefore, the state recognition of adat law can distort and undermined adat law as an empirical phenomenon
Comparative law · Conviction · Criminal law · Legal pluralism · Legal realism · Municipal law · Political science · Private law · Public law · Sociology · Asian Studies and History · Indonesian Legal and Regulatory Studies · Law · Legal Studies and Policies
Justice, Mediation, and Kalosara Custom of the Tolaki Community in Southeast Sulawesi from the Perspective of Islamic Law
The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code
Exploring the monogamy principle in the Samin community’s customary marriages in Kudus
The Evolution of Islamic Law in Indonesia
Genuine paradigm of criminal justice
Seeking certainty in uncertainty
Criticizing the Verdict of 18/JN/2016/MS.MBO of Mahkamah Syar’iyah Meulaboh Aceh on Sexual Abuse against Children from the Perspective of Restorative Justice
Forum-shopping in criminal law
Contestations over a life-giving force
Define and Rule
From Indigenous Customary Law to Diasporic Cultural Heritage
African Customary Law and Common Law in South Africa
Three Modes of Incorporating Indigenous Law
Illiberal Democracy in Indonesia
Islam, Law, and Equality in Indonesia
The Revival of Tradition in Indonesian Politics
The concept of living customary law
The Myth of Adat
The Right to Self-Regulation
Constitutional recognition of aboriginal and treaty rights
Religious conservatism, Islamic criminal law and the judiciary in Indonesia
Anchors of Colonial Rule
The Supreme Court and Adat Inheritance Law in Indonesia
Different Fields, Similar Locusts
The Constitutionalization of Indigenous Group Rights, Traditional Political Institutions, and Customary Law
Codification of Customary Law
Legal Pluralism
States of Legal Denial
The Violence of Peace
Impediments to Establishing Adat Villages
Myths and stereotypes about adat law
Adat Institutionalisation, the State and the Quest for Self-Determination in West Papua
The erosion of citizenship
In Quest of New Law
| Obras citantes distintas | 8 |
|---|---|
| Citações por ano | 2 |
| Intervalo de citações | 2022 - 2026 (5) |
| Velocidade de citação | current |
| Altamente citado | Não |
| Tipos de citação | Neutras: 7 |