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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).

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