Bijdragen tot de Taal-, Land- en Volkenkunde, 2011
Rule of Law and Development: Formation, Implementation and Improvement of Law and Governance in D... more Rule of Law and Development: Formation, Implementation and Improvement of Law and Governance in Developing Countrie
Review(s) of: Modernization, Tradition and Identity. The Kompilasi Hukum Islam and Legal Practice... more Review(s) of: Modernization, Tradition and Identity. The Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts, by Euis Nurlaelawati, Amsterdam: Amsterdam University Press, 2010. Pages: 304/296; ISBN: 9789089640888. Includes references. Includes endnotes.
Abstract This paper explores how legal and value pluralism creates or constrains space for second... more Abstract This paper explores how legal and value pluralism creates or constrains space for second wives to express ambivalences towards negative aspects of their unregistered polygamous marriages. It analyses two types of ambivalence toward dominant Muslim family law norms: first, ambivalence toward dominant norms pertaining to the second wives’ status and roles within a polygamous marriage; and, second, ambivalence toward state regulation of Muslim marriage as exhibited within the Indonesian Islamic courts and Offices of Religious Affairs. The three case studies will show how second wives express ambivalence towards their inequal social position to the first wife, lack of support by their husband, social stigma, and lacking marital status. In expressing these ambivalences, they do not engage in oppositional discourses, or “hidden transcripts”, yet show their discontent towards certain aspects of their polygamous marriage while referring to alternative norms. This paper links this ambivalence toward social practice of polygamy to ambivalence on the state level, as exhibited through lenience, accommodation, and facilitation of unregistered polygamous marriage. We believe that an investigation of ambivalence from these two different perspectives is an apt way to uncover the loci where the clash of norm in the context of unregistered polygamy are the most profound.
Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia, 2020
This article examines the development of policies regarding the state-owned enterprises (SOE s) a... more This article examines the development of policies regarding the state-owned enterprises (SOE s) and public service agencies (PSA s) in Indonesia. In 2004, the government of Indonesia introduced PSA s—government agencies that were given large autonomy to manage their financial affairs. The rationale behind this autonomy is consistent with the New Public Management ideal: the creation of more market-oriented government institutions with the objective of increasing the efficiency and effectiveness of public service delivery. The PSA policy has increased state revenues significantly, yet the quality of services and accountability has not improved accordingly. A comparison with SOE s reveals that the restructuring of government agencies and SOE s took place before a supportive framework was set in place. We argue that to tackle informality and to safeguard the social functions of public services, the spearheads of efficiency and revenues in Indonesian bureaucratic reform policies require...
This article examines the cases of children born out of wedlock and adopted children with the aim... more This article examines the cases of children born out of wedlock and adopted children with the aim of depicting the mechanisms through which the concepts of biological fatherhood, derived from the human-rights framework, and adoption, derived from the customary law framework, have been adopted into Indonesian Islamic family law. We argue that the introduction of external concepts into family law pertaining to Muslims requires an adaptation process in which the relation between these external concepts and core Islamic family law concepts is determined. In the case of children born out of wedlock, this adaptation to core Islamic norms means that biological fatherhood does not lead to a full legal father-child relationship, despite a 2012 Constitutional Court ruling establishing that children born out of wedlock have a civil relationship with their biological father. In the case of adoption, it means that there is no full adoption, despite recognition of customary adoptions under Indone...
This article examines the developments in Indonesian family law in the aftermath of the political... more 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 reform processes already underway before 1998 have not changed much and have continued to lead to more state control of Islamic family law. Yet, even though the reforms since 1998 have not directly targeted family law, they have unleashed processes of liberalization, democratization and decentralization that have emboldened Indonesian women in the exercise of their rights and have invigorated debates over further reform.
In this essay, I describe the historical development of three traditional fiqh-based divorce mech... more In this essay, I describe the historical development of three traditional fiqh-based divorce mechanisms in Indonesia that commonly result in a khul‘ divorce: regular khul‘ (khuluk), conditional divorce (taklik talak), and marital discord (syiqaq). In the practice of present-day Islamic courts these traditional fiqh-based divorce mechanisms have lost almost all of their former prominence. Through a historical analysis of legal practices of female-initiated divorce, I will explain how this happened. Legal reforms under the 1974 Marriage Law, their adoption into the 1991 Compilation of Islamic Law, and case law of the Supreme Court broadened women’s divorce rights significantly. The same reforms made out-of-court divorce illegal. In contrast to fiqh-based divorce mechanisms, judicial divorce on the grounds of ‘continuous and irreconcilable marital discord’ does not require the consent of the husband or the payment of compensation and has therefore become an easier and cheaper option fo...
Tulisan ini menjelaskan usaha yang diperlukan bagi perempuan untuk menggugat hak pascaperceraian ... more Tulisan ini menjelaskan usaha yang diperlukan bagi perempuan untuk menggugat hak pascaperceraian di Pengadilan Agama dan usaha yang diperlukan untuk menjadikan perintah pengadilan dapat diterapkan jika ternyata mantan suami tidak mematuhinya. Ada ...
In most cases, a divorce in Cianjur means that the wife must find sufficient resources to provide... more In most cases, a divorce in Cianjur means that the wife must find sufficient resources to provide for herself and her children. For women living around the poverty line the only safety net available for them and their children is a return to their parents or a remarriage. The ...
Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia, 2008
Although the UN-proclaimed ‘Decade for Indigenous Peoples’ officially ended in 2004, the continui... more 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, and scholars who do not agree with the criticism. The most notable event in this context is that after having failed to do so in 2004 the United Nations finally adopted the ‘Declaration on the Rights of Indigenous Peoples’ on 13 September 2007, with an overwhelming 144 countries voting in favour. Thus, there is little reason to suppose that the movement will run out of steam in the near future.
Informit is an online service offering a wide range of database and full content publication prod... more Informit is an online service offering a wide range of database and full content publication products that deliver the vast majority of Australasian scholarly research to the education, research and business sectors. Informit is the brand that encompasses RMIT Publishing's online products ...
Bijdragen tot de Taal-, Land- en Volkenkunde, 2011
Rule of Law and Development: Formation, Implementation and Improvement of Law and Governance in D... more Rule of Law and Development: Formation, Implementation and Improvement of Law and Governance in Developing Countrie
Review(s) of: Modernization, Tradition and Identity. The Kompilasi Hukum Islam and Legal Practice... more Review(s) of: Modernization, Tradition and Identity. The Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts, by Euis Nurlaelawati, Amsterdam: Amsterdam University Press, 2010. Pages: 304/296; ISBN: 9789089640888. Includes references. Includes endnotes.
Abstract This paper explores how legal and value pluralism creates or constrains space for second... more Abstract This paper explores how legal and value pluralism creates or constrains space for second wives to express ambivalences towards negative aspects of their unregistered polygamous marriages. It analyses two types of ambivalence toward dominant Muslim family law norms: first, ambivalence toward dominant norms pertaining to the second wives’ status and roles within a polygamous marriage; and, second, ambivalence toward state regulation of Muslim marriage as exhibited within the Indonesian Islamic courts and Offices of Religious Affairs. The three case studies will show how second wives express ambivalence towards their inequal social position to the first wife, lack of support by their husband, social stigma, and lacking marital status. In expressing these ambivalences, they do not engage in oppositional discourses, or “hidden transcripts”, yet show their discontent towards certain aspects of their polygamous marriage while referring to alternative norms. This paper links this ambivalence toward social practice of polygamy to ambivalence on the state level, as exhibited through lenience, accommodation, and facilitation of unregistered polygamous marriage. We believe that an investigation of ambivalence from these two different perspectives is an apt way to uncover the loci where the clash of norm in the context of unregistered polygamy are the most profound.
Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia, 2020
This article examines the development of policies regarding the state-owned enterprises (SOE s) a... more This article examines the development of policies regarding the state-owned enterprises (SOE s) and public service agencies (PSA s) in Indonesia. In 2004, the government of Indonesia introduced PSA s—government agencies that were given large autonomy to manage their financial affairs. The rationale behind this autonomy is consistent with the New Public Management ideal: the creation of more market-oriented government institutions with the objective of increasing the efficiency and effectiveness of public service delivery. The PSA policy has increased state revenues significantly, yet the quality of services and accountability has not improved accordingly. A comparison with SOE s reveals that the restructuring of government agencies and SOE s took place before a supportive framework was set in place. We argue that to tackle informality and to safeguard the social functions of public services, the spearheads of efficiency and revenues in Indonesian bureaucratic reform policies require...
This article examines the cases of children born out of wedlock and adopted children with the aim... more This article examines the cases of children born out of wedlock and adopted children with the aim of depicting the mechanisms through which the concepts of biological fatherhood, derived from the human-rights framework, and adoption, derived from the customary law framework, have been adopted into Indonesian Islamic family law. We argue that the introduction of external concepts into family law pertaining to Muslims requires an adaptation process in which the relation between these external concepts and core Islamic family law concepts is determined. In the case of children born out of wedlock, this adaptation to core Islamic norms means that biological fatherhood does not lead to a full legal father-child relationship, despite a 2012 Constitutional Court ruling establishing that children born out of wedlock have a civil relationship with their biological father. In the case of adoption, it means that there is no full adoption, despite recognition of customary adoptions under Indone...
This article examines the developments in Indonesian family law in the aftermath of the political... more 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 reform processes already underway before 1998 have not changed much and have continued to lead to more state control of Islamic family law. Yet, even though the reforms since 1998 have not directly targeted family law, they have unleashed processes of liberalization, democratization and decentralization that have emboldened Indonesian women in the exercise of their rights and have invigorated debates over further reform.
In this essay, I describe the historical development of three traditional fiqh-based divorce mech... more In this essay, I describe the historical development of three traditional fiqh-based divorce mechanisms in Indonesia that commonly result in a khul‘ divorce: regular khul‘ (khuluk), conditional divorce (taklik talak), and marital discord (syiqaq). In the practice of present-day Islamic courts these traditional fiqh-based divorce mechanisms have lost almost all of their former prominence. Through a historical analysis of legal practices of female-initiated divorce, I will explain how this happened. Legal reforms under the 1974 Marriage Law, their adoption into the 1991 Compilation of Islamic Law, and case law of the Supreme Court broadened women’s divorce rights significantly. The same reforms made out-of-court divorce illegal. In contrast to fiqh-based divorce mechanisms, judicial divorce on the grounds of ‘continuous and irreconcilable marital discord’ does not require the consent of the husband or the payment of compensation and has therefore become an easier and cheaper option fo...
Tulisan ini menjelaskan usaha yang diperlukan bagi perempuan untuk menggugat hak pascaperceraian ... more Tulisan ini menjelaskan usaha yang diperlukan bagi perempuan untuk menggugat hak pascaperceraian di Pengadilan Agama dan usaha yang diperlukan untuk menjadikan perintah pengadilan dapat diterapkan jika ternyata mantan suami tidak mematuhinya. Ada ...
In most cases, a divorce in Cianjur means that the wife must find sufficient resources to provide... more In most cases, a divorce in Cianjur means that the wife must find sufficient resources to provide for herself and her children. For women living around the poverty line the only safety net available for them and their children is a return to their parents or a remarriage. The ...
Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia, 2008
Although the UN-proclaimed ‘Decade for Indigenous Peoples’ officially ended in 2004, the continui... more 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, and scholars who do not agree with the criticism. The most notable event in this context is that after having failed to do so in 2004 the United Nations finally adopted the ‘Declaration on the Rights of Indigenous Peoples’ on 13 September 2007, with an overwhelming 144 countries voting in favour. Thus, there is little reason to suppose that the movement will run out of steam in the near future.
Informit is an online service offering a wide range of database and full content publication prod... more Informit is an online service offering a wide range of database and full content publication products that deliver the vast majority of Australasian scholarly research to the education, research and business sectors. Informit is the brand that encompasses RMIT Publishing's online products ...
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