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Contact

Tine Suartina

Phone: (+61 4) 1494 3926


Supervisors

Start date

Dec 2016

Submission date

Nov 2020

Curriculum vitae

Tine Suartina CV
[doc, 170.82 kb]
Updated 12 Sep 2017

Tine Suartina

Thesis

Legal Pluralism In Indonesia: The Effects Of Local Government Acknowledgement And Village Law 6/2014 Implementation In The Kasepuhan Adat Communities In West Java And Banten Provinces

Summary

This study of legal pluralism in Indonesia focuses upon the way in which the continuing practice of customary (i.e. adat) law articulates with wider regional and national legal orders. The aim of this research is to understand of how the formal local acknowledgement or lack of local acknowledgement of adat communities and implementation of the Indonesian Village Law (6/2014) contribute to the operation of multiple legal orders in the context of the unified Indonesia legal system.

This study will contribute to an understanding of the current interplay among legal systems in Indonesia, focusing on new developments such as the Indonesian village law and the acknowledgement by local governments of the law governing adat communities. To some extent, both potentially contribute to the strengthening of plural legal orders. Additionally, the formal embrace by local stakeholders of legal pluralism in the context of Indonesia’s unified legal system is a positive manifestation of the promotion of the values of multiculturalism. Another contribution of this study will relate to how uneven formal recognition at the local levels will affect a community or sub-groups internally.

This study in legal anthropology will apply qualitative and comparative methods using ethnographic techniques. The field research will be conducted in one Kasepuhan community in Sukabumi District in West Java province and one in Lebak District in Banten province.

Keywords: adat law, kasepuhan, formal legal acknowledgement, village law

Why my research is important

As this research will attempt to explain interactions among legal orders in Indonesia, it is expected that this research will be a contribution to the analysis of: (1) current development of Indonesia’s legal politics both at the national and local level; (2) the dynamics of legal pluralism in Indonesia; (3) contemporary Indonesian society, Indonesian civic identity and diversity; (4) the positioning of adat communities in their legal aspects; (5) adat communities’ perspectives on diversity, particularly regarding the relation of customary legal order implementation in relation to national positive law. These general issues of legal pluralism will be approached through library research upon the general situation in Indonesia and a detailed examination through field research of the Kasepuhan adat community.

This research will also contribute in academic outputs, in the first instance a PhD thesis, but also publications (journal articles, conference presentations).

Funding

  • 1. Scholarship from Republic of Indonesia, Ministry of Research, Technology and Higher Education – Scholarship Scheme Research and Innovation RISET-PRO;
  • 2. The UWA School of Social Science and,
  • 3. The UWA – Social Sciences GRS Travel Award