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Indonesia is the world’s largest Muslim society and its third largest democracy. It has the fourth-largest population and its economy is set to join the world top-5 by mid-century. Despite this, its legal system is understudied and often misunderstood beyond its borders. This subject offers a broad and deep introduction to Indonesia’s unique plural legal system, covering key legal institutions, current laws and judicial decisions, as well as actual practice.
The lectures in this subject reflect the coordinator’s many years of academic research in this area, close engagement in law reform debates in Indonesia, and experience of practical legal advice. The subject critically explores areas of current debate including controversial court decisions and law reform proposals. It will also respond to contemporary events in Indonesia and offers students the chance to explore areas of their own interest, including in assessment, where topics can be negotiated with the subject coordinator.
This subject provides a critical examination of the development and scope of Indonesian law, focusing on current law. Subject content will be selected from:
- Introduction to the Indonesian legal system
- The Constitution and Pancasila
- Courts and other key legal Institutions
- The legal profession and civil society organisations
- Criminal law and procedure: KUHP and KUHAP
- Human rights law
- Civil and commercial law: the Codes
- Land law
- Foreign investment
- Corruption and law: the KPK and Tipikor
- Family law and inheritance law: Kompilasi and Civil Code
- Alternative sources of law: Islamic and customary laws (adat)
- Case studies: Selected major decisions
- Law reform
Intended learning outcomes
A student who has successfully completed this subject will have:
- Advanced and integrated knowledge of the structure of the complex plural legal system of Indonesia, a major Asian jurisdiction
- Advanced understanding of the operation of the Indonesian legal system and ability to critically assess it
- Increased capacity to compare and contrast European-derived civil law systems and English-derived common law systems
- Advanced ability to understand the theory and practice of one or more of: - civil law systems - Islamic law (shari'a) - traditional customary law (adat)
- Increased capacity to engage with public discussion about Indonesian law and policy.
A student who successfully completes this subject will have the capacity to:
- Learn about a complex legal system in Asia
- Investigate, analyse, critically reflect on and synthesise complex information, problems, concepts and theories in Indonesian law
- Conduct advanced research on the Indonesian legal system
- Formulate or refine their own topical and relevant research question related to Indonesian law
- Refresh, reinforce and develop writing skills that students have acquired during their undergraduate degree and law studies
Last updated: 30 September 2021