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Indonesian Law (LAWS90211)
Graduate courseworkPoints: 12.5Not available in 2023
To learn more, visit 2023 Course and subject delivery.
Overview
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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.
Generic skills
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: 24 January 2023
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 24 January 2023
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 14 - 17 January 2022 | 100% |
Option 2: Research Paper on a topic approved by the Subject Coordinator
| 9 February 2022 | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | N/A |
Last updated: 24 January 2023
Quotas apply to this subject
Dates & times
Not available in 2023
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 24 January 2023
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 24 January 2023