Adat law in indonesia

International Conference 'Adat Law years on: In it will be exactly a century ago that the Adat Law Foundation Adatrechtstichting was established by the renowned Leiden scholars Van Vollenhoven and Snouck Hurgronje. Altogether this foundation would publish some 43 volumes on adat law, as a result of the probably largest legal research project ever carried out at Leiden University. Although the Foundation was dissolved inadat law has continued to be a highly topical and socially relevant theme in present day Indonesia.

Adat law in indonesia

Most of archipelago was under Dutch rule by start of 20th century. Independence declared two days after Japanese occupying forces withdrew in Only statutory reform of Muslim personal status law in that period was enactment of Muslim Marriage and Divorce Registration Law requiring registration.

New Marriage Law applicable to all Indonesians eventually passed in amidst much controversy. Roman Catholic, Protestant, Hindu, Buddhist; also followers of tribal religions not afforded any official recognition Constitutional Status of Islam ic Law Constitution promulgated in August Does not adopt any official religion, but Art.

Religious courts Pengadilan Agama established side by side with District Courts.

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Religious courts organised at two levels: Appeals from religious appeals courts Mahkamah Islam Tinggi go to Supreme Court, although supervisory jurisdiction of regular states courts over religious courts ended with passing of Law on Religious Courts Marriage Law simply provides that in case of dispute over custody, Court shall render its judgement; father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case Court may order mother to share expenses Succession: The Indonesian legal system is based on Adat law in indonesia law, modified by custom and Islamic law.

Sources of law are Islamic law, statutory legislation, presidential instructions, and official compilations of Islamic law. European explorers arrived in the region in the 16th century, and the Dutch East India Company was founded in The Dutch established a trading post on the north coast of Java, later named Jakarta.

The Dutch gradually asserted political and military control beyond Java from the 18th century until most of archipelago was under Dutch rule by the start of the 20th century. Dutch scholars identified and classified 19 different systems of customary law in the region.


In areas under direct rule, there were European courts, native courts, and general courts for all of the population. Subsequent legislation by Dutch authorities was also of a largely of regulatory and administrative nature.

Independence was declared two days after Japanese occupying forces withdrew in The only statutory reform of Muslim personal status in that period was the enactment of the Muslim Marriage and Divorce Registration Law requiring registration.

A new Marriage Law, the first that was applicable to all Indonesians, was eventually passed in amidst much controversy, particularly with regard to such issues as permission for divorce and polygamy.

They are based on arguments from various schools, comparisons of application of Islamic law in different countries, decisions from religious courts, etc.

The Compilations are presented as Presidential Instructions Inpres which have lower status that statutes in the Indonesian legal system.

While this represents a reassertion of classical interpretations, the Compilations also draw from eclectic sources, and Supreme Court judgements on appeal from the religious appellate courts diverge from classical law in many matters.

There are also Ahmadi minorities. There are also significant minorities following tribal religions; they are not afforded any official recognition.

Adat law in indonesia

The Constitution was promulgated in August Article 29 2 guarantees freedom of religion. There are four judicial branches outlined in the Basic Law on Judicial Power Religious courts Pengadilan Agama are established side by side with District Courts.

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Religious courts are organised at two levels: Appeals from the religious appeals court Mahkamah Islam Tinggi go to Supreme Court, although the supervisory jurisdiction of regular courts over religious courts ended with the passing of the Law on Religious Courts Religious courts have limited or special jurisdiction and secular courts have general jurisdiction.

The minimum marriage age is 19 for males and 16 for females, with provision for marriage below the minimum age, subject to judicial discretion and parental consent.

The free consent of marrying parties is a requirement for validity of marriage, unless the religious law governing the parties directs otherwise. Parties under 21 years require parental permission to marry; this refers to the consent of both parents, the surviving parent, or the guardian.

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Marriage registration is obligatory; the Marriage Registrar Office of the Department of Religious Affairs is responsible for the registration of Muslim marriages and the Civil Marriage Registrar Office of the Department of Internal Affairs for all other marriages.

The basis of marriage is considered monogamy, but the Marriage Law does not prohibit polygamy for those religions that allow it Islam, Hinduism, Buddhism. Polygamy is permissible with the consent of the existing wife or wives and with judicial permission, by fulfilling conditions specified by law, i.

The law specifies that both spouses are equal and both are responsible for maintaining the home and caring for children.

The permanent resident and domicile is to be decided by both parties.5 Legal Guide to Investment in Indonesia Structure of the laws Indonesian’s commercial legal system is influenced by civil law traditions and customary (adat) law. Dutch presence in, and colonial occupation of, Indonesia for years has left a legacy of Dutch colonial law.

Adat refers to systems of customary law for different ethnic groups in Indonesia, which is often considered to be one of the three major elements of legal plurality in Indonesia, together with national law and Islamic law (Bowen , Burns ).

Land ownership titles in Indonesia are divided into two broad categories, which is customary traditional land title (“Adat” land rights), and certified titles.

The traditional land title is not registered in the BPN and is considered as having a lower degree of ownership power. things—history, land, and law—in a way that appears rather specific to Indonesia” (Davidson and Henley ). Many authors have illustrated how a resurgence of adat.

These three strands of adat law, Dutch colonial law and national law co-exist in modern Indonesia. For example, commercial law is grounded upon the Commercial Code (Kitab Undang-Undang Hukum Dagang or Wetboek van Koophandel), a relic of the colonial period.

Denpasar, Bali, INDONESIA. ABSTRACT The implementation in policy of eco-religious tourism management on the basis of adat law society in Bali in its development cannot be separated from local government role, investor role, and pakraman village role that represent local adat society.

Adat law in indonesia
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