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9 US-China L. Rev. 20 (2012)
State Law in a Multicultural Country of Indonesia: Toward a Just and Equitable State Law in Legal Anthropology Point of View

handle is hein.journals/uschinalrw9 and id is 20 raw text is: STATE LAW IN A MULTICULTURAL COUNTRY OF INDONESIA: TOWARD A JUST AND EQUITABLE STATE LAW IN LEGAL ANTHROPOLOGY POINT OF VIEW I. Nyoman Nurjaya* Indonesia is well known as a multicultural country in Southeast Asia because of its ethnic, religion, racial and social stratification. It is Unity in Diversity, which is reflected in the official motto of the State to describe the social and cultural diversity of Indonesia. The diversity refers to a cultural configuration which reflects the National identity ofIndonesia, containing cultural capital and cultural power. However, cultural diversity yields conflict that could potentially generate social disintegration due to inter- ethnic and inter-religious disputes that may result in the disintegration of Indonesia as a Nation State. In the eyes of legal anthropologists, sources of conflicts are based on discriminatory policies expressed within State law and regulation in line to the recognition and protection of rights of the local communities, namely adat communities in most region of Indonesia. Thus, State laws enacted and enforced by the Government tend to dominate and marginalize as well as ignore the local values, traditions, religions, as well as the customary law or adat law (hukum adat) of the local communities in the region. In the development of complex societies within the Nation State such functions of law question whether the role of State Law could also be improved as an instrument for maintaining and strengthening social integration within the multicultural Nation State. The paper attempts to offer an answer to this fundamental question by employing a legal anthropological approach with the purpose of obtaining a better understanding regarding the development of State law in a multicultural Nation toward a more just and equitable State law of Indonesia. INTRODUCTION........................................................20 I. LAW AS PRODUCT OF CULTURE IN THE PERSPECTIVE OF LEGAL ANTHROPOLOGY...................................................22 II. LEGAL POLICY OF NATIONAL LAW DEVELOPMENT. ....................25 CONCLUSION..........................................................27 Professor of Law at Faculty of Law Brawijaya University, Indonesia (nurjavaidvahoo.com). 20

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