The Concept Of Legal Pluralism In Indonesia In The New Social Movement

Suci Flambonita, Suci and Vera Novianti, Vera and Febriansyah, Artha The Concept Of Legal Pluralism In Indonesia In The New Social Movement. The Concept Of Legal Pluralism In Indonesia In The New Social Movement, 10. pp. 361-373. ISSN 2338-7572

[thumbnail of Article] Text (Article)
THE CONCEPT OF LEGAL PLURALISM IN INDONESIA IN THE NEW SOCIAL MOVEMENT ok.pdf - Published Version
Available under License Creative Commons Attribution.

Download (842kB)

Abstract

As a multicultural country, legal pluralism in Indonesia should be placed in the perspective of a new social movement, which lies as the abstraction of collective subjects to strive for emancipation. Experience has shown that many policies and political laws concerning natural resources do not provide enough room for the representation of indigenous peoples. As the new social movement in the context of multiculturalism, fighting for socioeconomic and natural resource redistribution is as important as providing spaces to foster cultural struggle in terms of fighting discrimination against indigenous peoples. In Dutch legal pluralism theory is termed as theorie van het rechtspluralisme. Lawrence M. Friedman has proposed a definition of legal pluralism as the presence of different legal systems and cultures in a single political community. This research uses the social legal method with a conceptual and historical approach. According to John Griffiths, legal pluralism is the presence of more than one legal rule in a social circle. Further, the concept of legal pluralism does not promote a dichotomy between state law on the one side and folk law and religious law on the other side.

Item Type: Article
Uncontrolled Keywords: concept, legal, pluralism
Subjects: K Law > K Law (General) > K1700-1973 Social legislation
K Law > K Law (General) > K237-264 The concept of law
Divisions: 02-Faculty of Law > 74201-Law (S1)
Depositing User: Suci Flambonita
Date Deposited: 13 Apr 2023 06:45
Last Modified: 13 Apr 2023 06:45
URI: http://repository.unsri.ac.id/id/eprint/96209

Actions (login required)

View Item View Item