Pluralism Of Law Research Articles

The efforts of inheritance dispute resolution for customary land on indigenous peoples in Karo, North Sumatra, Indonesia

Pluralism of inheritance law in Indonesia proves that there has been no unification of inheritance law in Indonesia; instead, customary law on inheritance, Islamic law on inheritance and European Civil Code (ECC) law on inheritance have continued up until now. As land is one of the objects in the inheritance, it is highly likely that the conflict over customary lands, unless followed-up, would lead to disputes. Such conflict over the inheritance of customary lands is the leading factor of customary land disputes. The Karonese people living in the district of Karo have a variety of ways to resolve the inheritance disputes over their customary lands, such as through perumah begu, Runggun, and the district court. In common practice, Karonese people prefer to resolve their disputes based on the local customary law rather than to proceed the disputes to the district court.

Srpska pravoslavna crkva, desekularizacija i demokratija

In Serbia, in the aftermath of 5 October 2000, the process of desecularization, including the revitalization of the Serbian Orthodox Church (SOC), overlapped with the democratization of its political institutions, as well as with the political and social pluralism. The desecularization of the Serbian society had already started in the socialist Yugoslavia, but the process itself intensified in the early period of political pluralism and establishment of the democratic political institutions. Is Orthodoxy compatible with democracy, viewed not only as the will of the majority or an election procedure, but also as a political culture of pluralism and rule of law? Is Orthodoxy possible as a “civic” church, in line with the European political tradition of democracy and pluralism? The author contends that the contemporary Orthodoxy, including the SOC, accepts globalization in its technical, technological and economic sense, with a parallel tendency towards cultural fragmentation. Thus one needs a consensus between the SOC, state and society in Serbia concerning the basic values, such as: democracy, civil society, pluralistic discourse, secular tolerance and individual human rights.

PLURALISME HUKUM DALAM PERBUATAN HUKUM PENGANGKATAN ANAK DI BALI

Children have an important significance in the family. Adoption means taking the responsibility of other people's children from their biological parents in legal way therefore the children have the same status in the family. In Balinese Custom’s law, Peperasan ceremony is an absolute requirement for adoption process. Based on Government Regulation No. 54 Year 2007 about Adoption on Article 8 Adoption customary local habits; and Adoption by the legislation. Adoption not only solved the national law but also the religious affair. Starting from these ideas, pluralism of law in the adoption of legal acts in Bali interesting to examine.

The Emergence of a Doctrine of de jure horizontal stare decisis at the Caribbean Court of Justice: Fragmentation or Pluralism of International Law?

While the doctrine of stare decisis has in general received a great deal of scholarly attention over the years, one aspect of the norm which has been the subject of little, if any, doctrinal inquiry, however, is the emergence of a doctrine of de jure horizontal stare decisis at the international level, most notably by the Caribbean Court of Justice (CCJ), in the exercise of its original jurisdiction. By reference to the CCJs rapidly evolving jurisprudence, this article argues that, at the conceptual level, this development is unique to international law to the extent that the court’s reliance on precedents is pursuant to a treaty-mandate as opposed to a judicial strategy, but not at all very different in practice from the de facto approach to precedent which characterizes the jurisprudence of other international courts and tribunals. The question of whether the CCJs de jure approach to the treatment of precedents contributes in any way to the fragmentation or pluralism of international law is also addressed by this article.

Pakistan Federal Shariat Court's Collective Ijtihād on Gender Equality, Women's Rights and the Right to Family Life

This article argues on the basis of recent case law that the judges of the Pakistan Federal Shariat Court (FSC) have asserted their right to ijtihād and have indeed engaged in collective ijtihād. While in some areas, such as freedom of religion, Islamic law has been interpreted rigidly in a non-human-rights-friendly fashion in Pakistan, in some other areas, the flexibility and pluralism of Islamic law has been used to improve gender equality, women's rights and the right to family life. By using its constitutional powers, with its collective ijtihād, the FSC has been tackling the traditionally illiberal interpretation and application of Muslim laws in these areas. Regardless of the methodology and process of this ijtihādic endeavor, the output shows that the FSC has been either modifying the traditional ijtihāds or coming up with totally new ijtihāds to answer contemporary questions faced by Islamic law. The findings of the article once again challenge the views of scholars such as Schacht, Coulson and Chehata, who have argued that, by the fourth/tenth century, the essentials of Islamic legal doctrine were already fully formulated and that the doctrine remained fixed.

MEWUJUDKAN SISTEM HUKUM INTEGRATIF

The pluralism of law which is applying, that is Islamic law and customarylaw, has not found the related point to go to the integral law yet. It is becauseof till now in the Republic of Indonesia is using system of national law whichbased on several system of law that has a various pattern. That third systemsof law are applying in Indonesia for a long time and dinamic. In early era,before colonialism, the relation of both addressed to pattern of integrationwith level of different coalescence in every sphere. The come of colonizermade a mark on the furthermore era with the pattern that reducted theapplying law (Islam and custom) in Nusantara step by step till the top withapplying a theory of reception. Furthermore, by reaching freedom, slowlythe system of national law took role in developing and rearranged law inNusantara, in other words, developing the theory of codification.To make that various law be able to be commander in living nationally andstately needs to be balanced the comprehension of national law which isintegral. The mean of it in this writing is finite to the idea to see the systemof national law like a law that makes a system of law of custom, Islam, andwest as a source and reality of history which proportionates with the realexperience of nation from early its existence till now, so that, to be nationallaw, Islamic and customary laws are signed not to be incompatible with thephilosophy of national law, and also, the system of national law ought torepresentate the value which lives and run by society.

Sengketa Tanureal: Refleksi Pertentangan Sentralisme Hak Menguasai Negara dalam UUPA dengan Kepentingan Masyarakat Adat

The UUPA is a transitional act product which is made to change the characteristic of colonial Law of agrarian field into the agrarian law which is in accordance with the form and idea of Indonesia Republic Unitary State. In practice, during the new order regime,the authorities abused the State Authorization Right and gave the investors the privileges of controlling the agrarian sources. As a consequence, the existency and community role of the custom were getting marginilized and felt ata disadvantage. This reality frequenthy triggered to cause the tenureal disputes between the investors and the custom community which, in general, enabled to threat the integrity of national territory/ unity. In the effort of preventing the recurrence, the UUPA needs reforming the characteristic of agrarian law which not only accomodating but also warranting the interests ofcustom community. Pluralism of agrarian law should reflect more the spirit of Unity in diversity.

Legal pluralism and harmonization of law: An examination of the process of reception and adoption of both civil law and common law in Cameroon and their coexistence with indigenous laws

This study focuses on how the common law and civil law, two legal systems introduced to Cameroon by Britain and France respectively, have been harmonized with traditional laws to serve the needs of Cameroon. Through studies on the legal process in Cameroon, coupled with open‐ended questions to legal practitioners, and content analysis of documents, it is evident that many of the customary laws that existed prior to colonization have been excluded from much of the governing legislation. Courts do not enforce traditional laws that are capricious and obnoxious. A critical examination of the process of harmonization reveals a gradual suppression of the common law practice.