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Sudargo Gautama and the Development of Indonesian Public Order: a Study on the Application of Public Order Doctrine in a Pluralistic Legal System
Sudargo Gautama and the Development of Indonesian Public Order: A Study on the Application of Public Order Doctrine in a Pluralistic Legal System Yu Un Oppusunggu A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Washington 2015 Reading Committee: John O. Haley, Chair Michael E. Townsend Beth E. Rivin Program Authorized to Offer Degree School of Law © Copyright 2015 Yu Un Oppusunggu ii University of Washington Abstract Sudargo Gautama and the Development of Indonesian Public Order: A Study on the Application of Public Order Doctrine in a Pluralistic Legal System Yu Un Oppusunggu Chair of the Supervisory Committee: Professor John O. Haley School of Law A sweeping proviso that protects basic or fundamental interests of a legal system is known in various names – ordre public, public policy, public order, government’s interest or Vorbehaltklausel. This study focuses on the concept of Indonesian public order in private international law. It argues that Indonesia has extraordinary layers of pluralism with respect to its people, statehood and law. Indonesian history is filled with the pursuit of nationhood while protecting diversity. The legal system has been the unifying instrument for the nation. However the selected cases on public order show that the legal system still lacks in coherence. Indonesian courts have treated public order argument inconsistently. A prima facie observation may find Indonesian public order unintelligible, and the courts have gained notoriety for it. This study proposes a different perspective. It sees public order in light of Indonesia’s legal pluralism and the stages of legal development. -
Land- En Volkenkunde
Music of the Baduy People of Western Java Verhandelingen van het Koninklijk Instituut voor Taal- , Land- en Volkenkunde Edited by Rosemarijn Hoefte (kitlv, Leiden) Henk Schulte Nordholt (kitlv, Leiden) Editorial Board Michael Laffan (Princeton University) Adrian Vickers (The University of Sydney) Anna Tsing (University of California Santa Cruz) volume 313 The titles published in this series are listed at brill.com/ vki Music of the Baduy People of Western Java Singing is a Medicine By Wim van Zanten LEIDEN | BOSTON This is an open access title distributed under the terms of the CC BY- NC- ND 4.0 license, which permits any non- commercial use, distribution, and reproduction in any medium, provided no alterations are made and the original author(s) and source are credited. Further information and the complete license text can be found at https:// creativecommons.org/ licenses/ by- nc- nd/ 4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. Cover illustration: Front: angklung players in Kadujangkung, Kanékés village, 15 October 1992. Back: players of gongs and xylophone in keromong ensemble at circumcision festivities in Cicakal Leuwi Buleud, Kanékés, 5 July 2016. Translations from Indonesian, Sundanese, Dutch, French and German were made by the author, unless stated otherwise. The Library of Congress Cataloging-in-Publication Data is available online at http://catalog.loc.gov LC record available at http://lccn.loc.gov/2020045251 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. -
Legal Aid in the Future (A Development Strategy for Indonesia) Mulya Lubis
Third World Legal Studies Volume 4 Article 7 1-7-1985 Legal Aid in the Future (A Development Strategy for Indonesia) Mulya Lubis Follow this and additional works at: http://scholar.valpo.edu/twls Recommended Citation Lubis, Mulya (1985) "Legal Aid in the Future (A Development Strategy for Indonesia)," Third World Legal Studies: Vol. 4, Article 7. Available at: http://scholar.valpo.edu/twls/vol4/iss1/7 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Third World Legal Studies by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. LEGAL AID IN THE FUTURE (A DEVELOPMENTAL STRATEGY FOR INDONESIA) Mulya Lubis* I. Introduction During the last ten years or so, legal aid has grown very rapidly in Indonesia. Indeed, the development of legal aid in Indonesia can be considered the most advanced in Asia.' Among ASEAN countries, the Jakarta Legal Aid Institute (Lembaga Bantuan Hukum or LBH) is viewed as a model to be followed. To that end, in 1981, ESCAP (the Economic and Social Commission for Asia and the Pacific) requested the Jakarta LBH to assist in the development of legal aid institutes in Thailand and Malaysia.2 LBH offices, sponsored by the Indonesian LBH Foundation, are frequently visited by various representatives of foreign legal aid organizations who wish to understand the progress of the Legal Aid Institute in Indonesia.' Such international recognition of' the LBH is gratifying. Yet we also wonder whether the legal aid movement has really developed all that well. -
The Role of Ethnic Chinese Minority in Developntent: the Indonesian Case
Southeast Asian Studies. Vol. 25, No.3, December 1987 The Role of Ethnic Chinese Minority in Developntent: The Indonesian Case Mely G. TAN* As recent writIngs indicate, the term Introduction more commonly used today is "ethnic Chinese" to refer to the group as a Despite the manifest diversity of the whole, regardless of citizenship, cultural ethnic Chinese in Southeast Asia, there orientation and social identification.2) is still the tendency among scholars The term ethnic or ethnicity, refers to focusing on this group, to treat them a socio-cultural entity. In the case of as a monolithic entity, by referring to the ethnic Chinese, it refers to a group all of them as "Chinese" or "Overseas with cultural elements recognizable as Chinese." Within the countries them or attributable to Chinese, while socially, selves, as In Indonesia, for instance, members of this group identify and are this tendency is apparent among the identified by others as constituting a majority population in the use of the distinct group. terms "orang Cina," "orang Tionghoa" The above definition IS III line with or even "hoakiau."D It is our conten the use in recent writings on this topic. tion that these terms should only be In the last ten years or so, we note a applied to those who are alien, not of revival of interest In ethnicity and mixed ancestry, and who initially do ethnic groups, due to the realization not plan to stay permanently. We also that the newly-developed as well as the submit that, what terminology and what established countries In Europe and definition is used for this group, has North America are heterogeneous socie important implications culturally, so ties with problems In the relations cially, psychologically and especially for policy considerations. -
Perancangan Film Dokumenter Biografi Yap Thiam Hien
PERANCANGAN FILM DOKUMENTER BIOGRAFI YAP THIAM HIEN Welli Wijaya1, Erandaru2, Ryan Pratama Sutanto3 Program Studi Desain Komunikasi Visual, Fakultas Seni dan Desain, Universitas Kristen Petra, Jl. Siwalankerto 121 – 131, Surabaya, Email: [email protected] Abstrak Yap Thiam Hien adalah seorang advokat peranakan Tionghoa. Beliau dilahirkan di Banda Aceh pada tanggal 25 Mei 1913 dan meninggal pada tanggal 25 April 1989. Semasa hidupnya, Yap berjuang menegakkan HAM di Indonesia. Yap sesungguhnya memiliki kesempatan untuk memiliki hidup yang lebih mudah dan tenang dengan latar belakang pendidikan hukum Belanda yang ia miliki. Namun ia memilih untuk menempuh jalur berbeda, yaitu berjuang melawan kesewenang-wenangan. Perjuangan Yap masih terus berjalan bahkan hingga 25 tahun setelah ia meninggal. Saat ini nama Yap Thiam Hien diabadikan sebagai penghargaan yang diberikan kepada tokoh yang dianggap berjasa di Bidang HAM setiap tahunnya. Film Dokumenter ini dibuat untuk mengenal Yap Thiam Hien. Kata kunci: Film, Film Dokumenter, Yap Thiam Hien, Tionghoa, Pengacara, Hukum Abstract Title: Yap Thiam Hien’s Biography Documentary Film Yap Thiam Hien was a Chinese Indonesian lawyer. He was born in Banda Aceh on the 25th of May 1913 and passed away on April 25th 1989. Yap fought for Human Rights all his life. As Netherlands - Law Graduate,Yap did have an easier and happier option opened to him. But he chose otherwise, fought the oppression. He may have passed away, but his legacy carries on, even 25 years after his death. Yap Thiam Hien’s name was immortalized as an award given to those who are meritorious to the Indonesian Human Rights. This documentary film was made to be acquainted with Yap Thiam Hien. -
State Terrorism and Political Identity in Indonesia
State Terrorism and Political Identity in Indonesia Approximately one million innocent Indonesians were killed by their fellow nationals, neighbours and kin at the height of an anti-communist campaign in the mid-1960s. This book investigates the profound political consequences of these mass killings in Indonesia upon public life in the subsequent decades, highlighting the historical speci®cities of the violence and compar- able incidents of identity politics in more recent times. Weaving a balance of theory with an empirically based analysis, the book examines how the spectre of communism and the trauma experienced in the latter half of the 1960s remain critical in understanding the dynamics of terror, coercion and consent today. Heryanto challenges the general belief that the periodic anti-communist witch-hunts of recent Indonesian history are largely a political tool used by a powerful military elite and authoritarian government. The book investigates what drove otherwise apolitical subjects to be complicit in the engul®ng cycles of witch-hunts. It argues that elements of what began as an anti-communist campaign took on a life of their own, increasingly operating independently of the violence and individual subjects who appeared to be manipulating the campaigns in the 1980s and 1990s. Despite the profound importance of the 1965±6 events it remains one of the most dicult and sensitive topics for public discussion in Indonesia today. State Terrorism and Political Identity in Indonesia is one of the ®rst books to fully discuss the problematic representation and impacts of a crucial moment of Indonesia's history that until recently has been largely unspoken. -
Dampak Krisis Ekonomi, Terhadap Perubahan Politik Di Indonesia (Peristiwa Mei 1998) Dr Abdul Haris Fatgehipon Msi Dosen PIPS
Dampak Krisis Ekonomi, Terhadap Perubahan Politik Di Indonesia (Peristiwa Mei 1998) Dr Abdul Haris Fatgehipon MSi Dosen PIPS Fakultas Ilmu Sosial Universitas Negeri Jakarta [email protected] Impact of the Economic Crisis , Against Political Change in Indonesia ( Events May 1998 ) Abstract Economic crisis that hit Southeast Asia in 1997, becoming a threat to the country's economic resilience Southeast Asian region countries. Indonesia, brought the New Order leadership, very confident, in the face of the economic crisis in Asia Landmarks. The rise in the US dollar over the rupiah drastically has caused, Indonesia's economic collapse. 1998 economic crisis, causing distrust of the market and the public to the government. One of the causes of the decline of the exchange rate on the US dollar is the high foreign debt carried by private parties. The private companies involved in foreign debt is generally a close ones and relatives of the New Order government The research method using descriptive qualitative method by conducting interviews, and literature documentationThe military has a share in political change in Indonesia, although not as big and as important in the era of Sukarno. In the era of military reform to be part of the reform agenda, not the reformers. Demonstration undertaken by college students in 1998, initiated by a government policy to raise fuel oil. The economic crisis of 1997, not only brings social impact, termination of employment, but also a political impact, where there was a crisis of people's faith New Order government, which led to the end of the Suharto era Keywords: Economic Crisis, Political Change, May 1998 Abstrak Dampak Krisis Ekonomi, Terhadap Perubahan Politik Di Indonesia (Peristiwa Mei 1998) Badai krisis ekonomi 1997 yang melanda Asia Tengara, menjadi ancaman bagi ketahanan ekonomi negara - negara dikawasan Asia Tengara. -
Death Penalty in Indonesia: Revisiting the Debate Between the Retentionist and the Abolitionist
Lentera Hukum, Volume 8 Issue 1 (2021), pp. 115-150 ISSN 2355-4673 (Print) 2621-3710 (Online) https://doi.org/10.19184/ejlh.v8i1.20138 Published by the University of Jember, Indonesia Available online 24 April 2021 Death Penalty in Indonesia: Revisiting the Debate Between the Retentionist and the Abolitionist Abdul Jalil Salam* Ar-Raniry State Islamic University, Indonesia Zahlul Pasha Karim Ar-Raniry State Islamic University, Indonesia ABSTRACT: Historically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law. -
State and Civil Society in Indonesia
Downloaded from <arielheryanto.wordpress.com> STATE AND CIVIL SOCIETY IN INDONESIA edited by Arief Budiman Monash Papers on Southeast Asia - No. 22 Downloaded from <arielheryanto.wordpress.com> TABLE OF CONTENTS Dedication v Preface vi Acknowledgments xi Notes on Contributors xiii Introduction: © 1990 Arid Budiman CHAPTER 1 I.S.B.N ...............O 7326 0233 5 I.S.S.N ...............0727668O From Conference to a Book Ariel Budiman 1 PART I: Typeset by Theories of the Capitalist Nature of the State Centre of Southeast Asian Studies in Indonesia Monash University CHAPTER 2 The Political Economy of the New Order State Pierre Janzes 15 Printed and bound by AriSIOC Press Ply. Ltd. CHAPTER 3 Glen Waverley, Australia. Rent Capitalism, State, and Democracy OIle Tornquist 29 CHAPTER 4 For information on other publications from the Centre, write to: Oil, Iggi and US Hegemony: The Publications Officer Global Pre-Conditions 51 Centre of Southeast A~ian studies Richard Tanter Monash University Clayton, Victoria 3168 Australia Downloaded from <arielheryanto.wordpress.com> ii iii CHAPTER 5 PART III: Thinking about Gender, State The Cultural Aspect of State and Society and Civil Society in Indonesia Maila Srivens 99 CHAPTER 11 Introduction Ariel Heryanto 289 CHAPTER 12 PART II: The Construction of an Indonesian National Culture: The Nature of State Control Patterns of Hegemony and Resistance Keith Foulcher 301 CHAPTER 6 CHAPTER 13 In trod uction Theatre as Cultural Resistance Harold Crouch 115 in Contemporary Indonesia Barbara Hatley 321 CHAPTER 7 The -
Chinese Indonesian
International Journal of Asian History, Culture and Tradition Vol.3, No.2, pp.1-13, August 2016 ___Published by European Centre for Research Training and Development UK (www.eajournals.org) HOLISTIC PARTICIPATIVE BASED MODEL ON ETHNIC MIX RELATIONS FOR CONFLICT RESOLUTION: CASE STUDY ON TIONGHOA (CHINESE INDONESIAN) AND JAVANESE RELATIONS IN MALANG CITY, INDONESIA Juli Astutik1 and Tonny Dian Effendi2 1Department of Social Welfare, University of Muhammadiyah Malang 2Department of International Relations, University of Muhammadiyah Malang ABSTRACT: This article describes about the ethnic relations between Tionghoa (Chinese Indonesian) and Javanese relations. Both ethnics are living together and creates special pattern in some cities, include in Malang City, East Java, Indonesia. The ethnic relations among Tionghoa and Javanese in Malang city seem more peaceful and create togetherness. However, the ethnic sentiment toward Tionghoa is remain exist. The Tionghoa-Javanese relations in Malang City show that two ethnics are develop togetherness through social construction by integrating some elements like religious, respect and peace. Both ethnics are participating in some activities based on those elements and affect their daily life. Then, those elements are used to avoid the conflict and develop participative holistic model on the ethnic- mix relations and support city development. It is a qualitative research where data collected by interview toward selected informant and observations to some event which involve two ethnics. The result shows peaceful relations in Tionghoa-Javanese relations in Malang city are constructed from tolerance that is developed from religious and social meaning, which shape togetherness. KEYWORDS: Tionghoa, Javanese, Ethnic Relations, Holistic Participation, Togetherness. INTRODUCTION Background Indonesia is a multi-culture country. -
Rewriting Indonesian History the Future in Indonesia’S Past
No. 113 Rewriting Indonesian History The Future in Indonesia’s Past Kwa Chong Guan Institute of Defence and Strategic Studies Singapore June 2006 With Compliments This Working Paper series presents papers in a preliminary form and serves to stimulate comment and discussion. The views expressed are entirely the author’s own and not that of the Institute of Defence and Strategic Studies The Institute of Defence and Strategic Studies (IDSS) was established in July 1996 as an autonomous research institute within the Nanyang Technological University. Its objectives are to: • Conduct research on security, strategic and international issues. • Provide general and graduate education in strategic studies, international relations, defence management and defence technology. • Promote joint and exchange programmes with similar regional and international institutions; and organise seminars/conferences on topics salient to the strategic and policy communities of the Asia-Pacific. Constituents of IDSS include the International Centre for Political Violence and Terrorism Research (ICPVTR), the Centre of Excellence for National Security (CENS) and the Asian Programme for Negotiation and Conflict Management (APNCM). Research Through its Working Paper Series, IDSS Commentaries and other publications, the Institute seeks to share its research findings with the strategic studies and defence policy communities. The Institute’s researchers are also encouraged to publish their writings in refereed journals. The focus of research is on issues relating to the security and stability of the Asia-Pacific region and their implications for Singapore and other countries in the region. The Institute has also established the S. Rajaratnam Professorship in Strategic Studies (named after Singapore’s first Foreign Minister), to bring distinguished scholars to participate in the work of the Institute. -
Religion's Name: Abuses Against Religious Minorities in Indonesia
H U M A N R I G H T S IN RELIGION’S NAME Abuses against Religious Minorities in Indonesia WATCH In Religion’s Name Abuses against Religious Minorities in Indonesia Copyright © 2013 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-992-5 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org FEBRUARY 2013 1-56432-992-5 In Religion’s Name Abuses against Religious Minorities in Indonesia Map .................................................................................................................................... i Glossary ............................................................................................................................