Traditional Communities in Indonesia Law, Identity and Recognition

✍ Scribed by Lilis Mulyani

Publisher: Routledge
Year: 2023
Tongue: English
Leaves: 199
Category: Library

No coin nor oath required. For personal study only.

✦ Table of Contents

Cover
Half Title
Series Page
Title Page
Copyright Page
Contents
Preface
Tables
Chart
Images
Abbreviations
Legislation
Constitution
Decisions of the MPR (Ketetapan MPR)
Codes (Kitab Undang-Undang)
Laws of the DPR
Emergency Interim Law (Perppu)
Government Regulations (Peraturan Pemerintah, PP)
Presidential Instruments
Ministerial Instruments
Regional Regulations
Court Regulations
Colonial Regulations
Court Decisions
1. Introduction
Background and Context
The Problem with Group Legal Personhood
Main Arguments of the Book
Doctrinal and Empirical Approach to Analyse Group Personhood
Research Locations
The Baduy
The People and their Customary Law
The Ulayat Land
The Minangkabau of Nagari Sungai Buluh
The People and their Customary Law
The Ulayat Land
Empirical Data Collection
Structure of The Book
Notes
2. Groups as Legal Persons
Introduction
Literature on Groups as Legal Persons
The Origin of Groups as Legal Persons
Methods to Establish Groups as Legal Persons
Attributes of Groups as Legal Persons
Group Will
Ability to Make Decisions and Act
Representation
Public Legal Persons and Private Legal Persons
Influences in Indonesian Law
Conclusion
Notes
3. The Status of Persons and Land Rights in Indonesian Law
Introduction
Legal Arrangements for the Status of Persons in Different Periods in the Indonesian Legal History
The Dutch Colonial Period (1595-1942)
Post-Independence Period (1945-1960)
The Basic Agrarian Law Period (1960-1966)
The Development Period (1967-1998)
The Reform Period (1998-2013)
Conclusion
Notes
4. Redefining and Reinterpreting The Adat Group as A Legal Subject
Introduction
The Adat Movement in Indonesia
Recent National Policy Dynamics
Setting the Foundation Through the Amendment of the 1945 Constitution
Changes Through Legislation
Changes Through Court Decisions
The Role of Regulatory Instruments in Interpreting Basic Norms
Regulations Under Land Law
Regulations Under Forestry Law
Conclusion
Notes
5. The Baduy and Minangkabau Adat Communities
Case Study Contexts
The Baduy Adat Community
Claims for Legal Recognition
The Minangkabau in Nagari Sungai Buluh
Claims for Legal Recognition
Relations Between Adat Groups and the State
Ulayat Land and State Borders
Mapping and Demarcation of Ulayat Land
Legal Implications of Recognition
State's Preference of Group Entity
Groups' Ability to Act
Conclusion
Notes
6. Adat Group Entities as Legal Persons
Introduction
Legal Construction of Adat Group Entities
Adat Group Legal Entities in Practice
Group Will and Objective
Group Ability to Act and Autonomy
Group Representation
Group Membership
Conclusion
Notes
7. Conclusion
Legal Definitions of Group Personhood
Asserting Group Personhood and Rights to Land
Asserting Group Legal Personhood
Asserting Group Land Rights: Modern Legal Treatment to Traditional Land
Adat Group Perspectives
The Use of an Empirical Approach Towards Groups Legal Personhood
Concluding Remarks and Recommendations
Recommendations
Notes
Bibliography
A Articles and Books
B Theses
C Reports and Unpublished Materials
D Others
Annexure
Index

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