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Comment on the Legal Situatuion in Indonesia*

Published online by Cambridge University Press:  03 June 2009

Paul Stirling
Affiliation:
University of Kent

Extract

Indonesian law and judicial institutions raise almost every conceivable theoretical and practical problem. Professor Jaspan certainly conveys admirably the bewildering confusion of diversity of custom, judicial practices, arguments about theory and policy, and political pressures, describing dilemmas which, on sociological first principles, seem in the short (or even middle) run to be insoluble.

Type
Legal Cultures and Social Change
Copyright
Copyright © Society for the Comparative Study of Society and History 1965

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References

1 Compare Gluckman 1955, Swift 1965.

2 The International Social Science Bulletin, Vol. IX, No. 1 (1957), subtitled The Reception of Foreign Law in Turkey, carries a report of an international conference held in Istanbul in 1955. A fuller report can be found in French in the Annales de la Faculti de Droit d'Istanbul; also published in Turkish.

3 I was taken by Professor Jaspan's remark that while the customs are indigenous, the concept of adat law (adat hukum) is a European invention; though would this concept not date back rather to the introduction of Islamic law?