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In: Islam, law and the state in Southeast Asia 1
In: Routledge studies in development economics 54
World Affairs Online
In: Routledge studies in development economics, 54
In Indonesia, diverse interests in land recognised by dozens, maybe hundreds, of different adat (traditional customary legal systems) coexist with a Dutch-derived system of land title. The most problematic adat interest is traditional communal title, or hak ulayat. Indonesia's New Order government sees adat rights—and hak ulayat in particular—as incompatible with the demands of economic development. Although some adat rights are recognised in the key statute regulating interests in land, the Basic Agrarian Law, the New Order government has systematically subverted the standing of adat. Likewise, the land registration system has become a corrupt failure, with the consequence that only around ten percent of all rural land is registered. Generally speaking, adat title is vulnerable to arbitrary confiscation by the state and land disputes have become highly politicised. While the Land Administration Project, funded by foreign donors, aims to encourage increased registration and protect adat landholders, it does not take into account the reality of political exploitation of traditional rights in Indonesia. There is a real danger that it will compound the problems of these landholders and hasten the demise of traditional land laws that are well suited to a plural society with diverse traditional communities.
BASE
In: Asian-Pacific Economic Literature, Band 18, Heft 1, S. 12-40
SSRN
This text offers the first comprehensive survey in English of the Indonesian legal system. It includes clear and concise introductions to complex substantive Indonesian law and commentaries on issues that will interest both academics and practitioners.
"There are no two neighbouring countries any where in the world that are more different than Indonesia and Australia. They differ hugely in religion, language, culture, history, geography, race, economics, worldview and population (Indonesia, 270 million, Australia less than 10 per cent of that). In fact, Indonesia and Australia have almost nothing in common other than the accident of geographic proximity. This makes their relationship turbulent, volatile and often unpredictable. Strangers Next Door? brings together insiders and leading observers to critically assess the state of Australia-Indonesia relations and their future prospects, offering insights into why the relationship is so important for Australia, why it is so often in crisis, and what this means for the future. This book will be of interest to anyone concerned with the Indo-Pacific region, Southeast Asia, Australia and Indonesia, and each country's politics, economy and foreign policy. It contains chapters that will interest specialists but are written in a style accessible to a general audience. The book spans a diverse range of subjects, including political relations and diplomacy, security and defence, the economy and trade, Islam, education, development, the arts, legal cooperation, the media, women, and community ties. Contributors assess the current state of relations in their sphere of expertise, and outline the factors and policies that could shape bilateral ties - and Indonesia's future - over the coming decades. University of Melbourne scholars Tim Lindsey and Dave McRae, both prominent observers and commentators on Indonesia and its relations with Australia, edited the volume,providing a synthesising overview as well as their own thematic chapters."--Provided by publisher
In: Routledge law in Asia 15
"Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent the spectrum of approaches to drugs regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states. This book offers the first major English language empirical investigation and comparative analysis of regulations, jurisprudence, court procedure, and practices relating to drugs law enforcement in these three states."--Bloomsbury Publishing
This edited volume to addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law
In: Islam, law and the state in Southeast Asia 3
In: Islam, law and the state in Southeast Asia 2