[go: up one dir, main page]
Scribd
Upload
72 views13 pages

2015 Legal Pluralism An Introduction1

This document summarizes a presentation on legal pluralism in Indonesia given by Herlambang P. Wiratraman. It discusses key concepts of legal pluralism including the difference between legal centralism and legal pluralism. It provides an overview of legal pluralism in Indonesia, noting the existence of Islamic law, customary law (adat law), and influences of Dutch law on Indonesia's legal system. The challenges of Indonesia's plural legal traditions in a context that also values unity and diversity are also examined.

Uploaded by

arfan muhammad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
72 views13 pages

2015 Legal Pluralism An Introduction1

This document summarizes a presentation on legal pluralism in Indonesia given by Herlambang P. Wiratraman. It discusses key concepts of legal pluralism including the difference between legal centralism and legal pluralism. It provides an overview of legal pluralism in Indonesia, noting the existence of Islamic law, customary law (adat law), and influences of Dutch law on Indonesia's legal system. The challenges of Indonesia's plural legal traditions in a context that also values unity and diversity are also examined.

Uploaded by

arfan muhammad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 13

Summer Course, 2015

Legal Pluralism in Herlambang P. Wiratraman


Faculty of Law, Universitas Airlangga

Indonesia: An Introduction Visiting Scholar, GSID, Nagoya University


28 January 2015
Points
• The Core Concept of Legal Pluralism

• Legal Centralism v. Legal Pluralism

• Theoretical approaches to Legal Pluralism

• Legal Pluralism in Indonesia: Overview

• The Existence and Importance: Values and Interests

• Islamic Law, Adat Law, and National Law: multicultural


concepts of law

• The Law and Its Society: The Challenges


The Core Concept of Legal Pluralism

“…. the condition in which population


observes more than one body of law” (Gordon
R. Woodman, 1999, ‘The idea of legal
pluralism’)

“Legal pluralism is the fact. Legal centralism is


a myth, an ideal, a claim, an illusion.” (John
Griffiths, 1986, ‘What is Legal Pluralism?’)
Legal Centralism

• modern theory of law v. ‘primitive laws’ in society


• there have been always challenge to the dominion of
official state law when non-state normative orderings
operate society
• codification, unification, and its implementation
• ‘modern legalism’ > law making as political processes
+ domination > ideology of ‘legal positivism’
Modern Legalism (Galanter)
1. Uniform in its application
2. Transactional
3. Reproducible and Practicable
4. Hierarchical
5. Bureaucratic in its organisation
6. Rational, clearly stated goals
7. Professionalism in legal techniques
8. Lawyers are more needed
9. Amendable and/or modifiable
‘Centralist’s perspective’ on legal pluralism

❖ Weak and Strong: Legal Pluralism (Griffiths)


❖ Weak legal pluralism: state’s law is stronger and
dominant
❖ Strong legal pluralism: equal position and no hierarchy
Theoretical Approaches

Warwick Tie - Massey University (1999) Legal


Pluralism: Toward a multicultural conception
of law
• Realist Legal Pluralism
• Post-Modern Legal Pluralism
• Post-Pragmatics Legal Pluralism
Legal Culture in Indonesia

• Is Indonesia country considered as a secular


country? Secularism or religious?

• What do you think, Indonesia’s laws have been


influenced by religious values, local and plural
tradition, or western tradition?
Legal pluralism as a fact
❖ Triangular relations: State
Law - Non-State Normative
Orderings - National Legal
Postulates (normative values
and ideas)
❖ Indonesia’s facts: Adat law,
Islamic law, and Dutch law
legacy

❖ What is the dominant legal


tradition in Indonesian
context?
Adat Law and Bhinneka Tunggal Ika
• ‘unity in diversity’: a philosophy
• adat legal tradition (adat law,
adat court, adat governance, etc.)
• is that possible to unite all
diversity of adat law? why?
• is that possible to replace adat
law by applying a state system of
law ?
Dutch Law Legacy?

Introducing modern legal system


Law > polycentric in its validity
What Dutch laws are still applicable in Indonesia at
present situation? and Why?
Legal Pluralism in Indonesia

❖ Sunaryati Hartono, “…in building national law system..”


Further Reading Materials
Griffiths, John. 1986. "What is Legal Pluralism" in Journal of Legal Pluralism
24: 1-55.

Merry, Sally Engle. 1988. “Legal Pluralism.” Law & Society Review 22: 869-896

Lukito, Ratno. 2013. Legal Pluralism in Indonesia: Bridging the Unbridgeable.


New York: Routledge.

You might also like