RATNO LUKITO, a professor of comparative law at the Faculty of Shariah and Law, State Islamic University Sunan Kalijaga, Yogyakarta, Indonesia. His masters from the Department of Islamic Studies, McGill University Montreal, and doctoral from the Institute of Comparative Law, Faculty of Law, McGill University Montreal, Canada. Fellow of the American Institute for Indonesian Studies (AIFIS). Many of his writings include Perbandingan Hukum: Perdebatan Teori dan Metode (Yogyakarta: UGM Press, 2016), Tradisi Hukum Indonesia, 2nd Ed. (Cianjur: IMR Press, 2014), Legal Pluralism in Indonesia: Bridging the Unbridgeable (London
The Journal of Legal Pluralism and Unofficial Law, 2006
... of the Compilation of Islamic Law: "A daughter, if she is the only one, will... more ... of the Compilation of Islamic Law: "A daughter, if she is the only one, will get half of the portion, if two or more altogether they will get two third, and if there is also a son, the portion of the son is twice the size of the ... 'an ibn 'Abba s: "Li al-binti al-nis fu wa laysa li al-ukhti shayun, wa ...
... 3 New Order is the name of the governmental system of Indonesia that existed at the time when... more ... 3 New Order is the name of the governmental system of Indonesia that existed at the time when Soeharto took power to replace the Old Order ... See: Hartoyo and Etty Endang Poedjo Moelyati v the State, with the decision of the Primary Court of Surakarta (Central Java) No. ...
Many scholars have alarmed the rise of new extreme nationalism in many countries which is activel... more Many scholars have alarmed the rise of new extreme nationalism in many countries which is actively promoted by some important national and international leaders. This paper examines the discourses of nationalism in popular culture and compares them with the nationalism ideas as promoted by those political leaders. Assuming that popular culture represents the bedrock belief of the society, this study has investigated the ideology of nationalism in 10 American and 10 Indonesian films applying the discourse historical approach from Ruth Wodak and Martin Reisigl. This study has identified nine features of nationalism in American films, i.e. us against them, saving life of Americans versus taking life of enemies, individual versus institutional hero, hero as common people, anti war narratives, individual versus national interest, absence of governmental supports, white as the dominant, and superpower. While six main features of nationalism in Indonesian films are against poverty, again...
The fatwa in response to questions about Islamic law at Nahdlatul Ulama was discussed at the NU B... more The fatwa in response to questions about Islamic law at Nahdlatul Ulama was discussed at the NU Bahsul Masail Institute. The methodology used in exploring the law was initially still using the classical fiqh paradigm. However, recently many decisions made by the institution imply a new paradigm that leads to a progressive Islamic approach. The paradigm underlying the decision is not only based on subjectivity ('ulum ad-dien) but also involves a dimension of objectivity (social sciences and humanities). This is reflected in the decision of the Bahtsul Masail ad-Diniyyah al-Maudlu'iyyah PBNU LBMNU forum at the Banjar West Java National Conference on 27 February-1 March 2019 regarding point A: State, Citizenship and State Law. NonMuslim Żimmy in the context of the nation state according to NU is referred to as muwathinīn, namely citizens of equal status. The intersubjectivity of the fatwa in the decision is a transformation of the methodology of the new legal approach at Nahdla...
PENDAHULUAN Presiden SBY dalam sambutannya pada Peringatan Hari Anti Narkoba Internasional (HANI)... more PENDAHULUAN Presiden SBY dalam sambutannya pada Peringatan Hari Anti Narkoba Internasional (HANI) 2013 di Istana Negara, Jakarta, 24 Juni lalu. Upaya pencegahan dan pemberantasan penyalahgunaan dan kejahatan narkoba merupakan “tanggung jawab kita semua. Tugas kita bersama.” Dua hal penting: Pertama, menyangkut cara pandang terhadap urusan narkoba. Kedua, bagaimana kita menjalankan tugas "Siapa berbuat apa". UU No. 5 /1997 tentang Psikotropika, bab XII, pasal 54: PERAN SERTA MASYARAKAT (1) Masyarakat memiliki kesempatan yang seluas luasnya untuk berperan serta dalam membantu mewujudkan upaya pencegahan penyalahgunaan psikotropika sesuai dengan undang-undang dan peraturan pelaksanaannya. UU No.22/1997 tentang Narkotika. Bab IX: Peran Serta Masyarakat, pasal 57: (1) Masyarakat mempunyai kesempatan yang seluas-luasnya untuk berperan serta dalam membantu upayapencegahan dan pemberantasan penyalahgunaan dan peredaran gelap narkotika. (2) Masyarakat wajib melaporkan kepada ...
Discussing the study of comparative law in Indonesia, this paper is interested in focusing on the... more Discussing the study of comparative law in Indonesia, this paper is interested in focusing on the issue of why comparative law studies are declining both in quantity and quality. Using Charles Tilly’s theory of social history, this paper concludes that comparative law studies in Indonesia are currently in a stagnant position and fewer people are concerned with the quality of this academic study. This paper reveals that the comparative law that began during the Dutch Rechtshoogeschool in Batavia in 1924 basically did not develop until the present day. Both in terms of epistemology, subject of the study, postulate to method and approach illustrate how comparative law studies have stagnated when compared to the development of this study abroad. Comparative law in Indonesia is only focused on substantive studies without paying attention to this scientific development on the epistemological and methodological side. Improvements can thus be proposed in dealing with this situation, namely ...
Emha Ainun Najib (Cak Nun) is a charismatic and controversial Muslim cultural leader who has a wi... more Emha Ainun Najib (Cak Nun) is a charismatic and controversial Muslim cultural leader who has a wide audience in Indonesia. Along with an ensemble band called Kiai Kanjeng, he has monthly performances in various parts of Indonesia Adding to that, they are occasionally invited by institutions, individuals, or businesses. In the New Order era, on behalf of the disadvantaged, Cak Nun’s criticisms against a highly controversial dam project in 1980–1991 showed his rebellious tendencies in the face of state and elite despotism. As a result, Rasmussen (2010) eventually refers to him as “the champion of the grassroots.” However, since his involvement in the corporation-induced mudflow of Lapindo in Sidoarjo in 2006, his stand on the grassroots has actually been doubted. However, based on his recent stage performances in several regions hit by industrially-induced environmental crises, particularly in Pati's northern Kendeng, some groups have begun to question whether the assumption that ...
This paper examines the discourse of nationalism in popular culture by taking the American and In... more This paper examines the discourse of nationalism in popular culture by taking the American and Indonesian feature films as the formal objects of analysis. Many experts and theorists of nationalism were alarmed by the rise of new nationalism in many countries in the globe influencing not only the elites but also the common people. The victory of Donald Trump with his nationalist populism campaign in 2016 American presidential election, the rise of white supremacy and Christian nationalism in Charlottesville in 2017, and the discourse of anti-foreign hegemony and campaign of territorial nationalism in Indonesian presidential election in 2019 were some indications of the xenophobic, nativist, and hostile kinds of nationalism in both developing and developed countries that potentially threat the world peace. Assuming that popular culture represent the bedrock belief of the society, this study investigated the ideology of nationalism in 10 American and 10 Indonesian films using critical ...
The state's attitude towards legal pluralism in Indonesia has remained basically unchanged si... more The state's attitude towards legal pluralism in Indonesia has remained basically unchanged since independence. For the last six decades the state has been the dominant force in regulating legal pluralism. This may be a logical consequence of the civil law system embraced so far- the Dutch colonial civil law system inherited from the Dutch East Indies - which renders the institution of law inseparable from the state. As a result, the creation and establishment of law are understood more as a process that occurs through state legislation, while creative processes that take place beyond the state are certain to be rejected. Although in practical terms dialogue between state and society is necessary in the process of law-making the final decision is the prerogative of the state. This is the teaching behind the ideology of state positivism. The government of Indonesia has prescribed that while the state upholds the principle of legal pluralism it will always be the sole institution i...
n its endeavour, Islamization projects done by some Muslim organisations in Indonesia can lead to... more n its endeavour, Islamization projects done by some Muslim organisations in Indonesia can lead to certain treats of intolerance, especially to those rejecting the missions wrought about in the movements. Using qualitative approach, this paper tries to analyse the legal Islamization programs undertaken by Gerakan Reformis Islam (GARIS) in Cianjur, West Java, since their inception in early 2001 and its inclination to various intolerant attitudes towards others. The movement of Islamization is probed on the basis of the three main GARIS projects, namely, reviewing the draft of Indonesian penal law, engaging contra-Christianization movements and the struggle against Ahmadiyah. Describing the movement, one will see how the idea of legal Islamization is carefully and persistently moulded in the field to make it so fluid and adequate to accomplish a purpose. What seems appearing in this phenomenon is not a theoretical legal quandary but more a political one, as legal Islamization is in its...
The Journal of Legal Pluralism and Unofficial Law, 2006
... of the Compilation of Islamic Law: "A daughter, if she is the only one, will... more ... of the Compilation of Islamic Law: "A daughter, if she is the only one, will get half of the portion, if two or more altogether they will get two third, and if there is also a son, the portion of the son is twice the size of the ... 'an ibn 'Abba s: "Li al-binti al-nis fu wa laysa li al-ukhti shayun, wa ...
... 3 New Order is the name of the governmental system of Indonesia that existed at the time when... more ... 3 New Order is the name of the governmental system of Indonesia that existed at the time when Soeharto took power to replace the Old Order ... See: Hartoyo and Etty Endang Poedjo Moelyati v the State, with the decision of the Primary Court of Surakarta (Central Java) No. ...
Many scholars have alarmed the rise of new extreme nationalism in many countries which is activel... more Many scholars have alarmed the rise of new extreme nationalism in many countries which is actively promoted by some important national and international leaders. This paper examines the discourses of nationalism in popular culture and compares them with the nationalism ideas as promoted by those political leaders. Assuming that popular culture represents the bedrock belief of the society, this study has investigated the ideology of nationalism in 10 American and 10 Indonesian films applying the discourse historical approach from Ruth Wodak and Martin Reisigl. This study has identified nine features of nationalism in American films, i.e. us against them, saving life of Americans versus taking life of enemies, individual versus institutional hero, hero as common people, anti war narratives, individual versus national interest, absence of governmental supports, white as the dominant, and superpower. While six main features of nationalism in Indonesian films are against poverty, again...
The fatwa in response to questions about Islamic law at Nahdlatul Ulama was discussed at the NU B... more The fatwa in response to questions about Islamic law at Nahdlatul Ulama was discussed at the NU Bahsul Masail Institute. The methodology used in exploring the law was initially still using the classical fiqh paradigm. However, recently many decisions made by the institution imply a new paradigm that leads to a progressive Islamic approach. The paradigm underlying the decision is not only based on subjectivity ('ulum ad-dien) but also involves a dimension of objectivity (social sciences and humanities). This is reflected in the decision of the Bahtsul Masail ad-Diniyyah al-Maudlu'iyyah PBNU LBMNU forum at the Banjar West Java National Conference on 27 February-1 March 2019 regarding point A: State, Citizenship and State Law. NonMuslim Żimmy in the context of the nation state according to NU is referred to as muwathinīn, namely citizens of equal status. The intersubjectivity of the fatwa in the decision is a transformation of the methodology of the new legal approach at Nahdla...
PENDAHULUAN Presiden SBY dalam sambutannya pada Peringatan Hari Anti Narkoba Internasional (HANI)... more PENDAHULUAN Presiden SBY dalam sambutannya pada Peringatan Hari Anti Narkoba Internasional (HANI) 2013 di Istana Negara, Jakarta, 24 Juni lalu. Upaya pencegahan dan pemberantasan penyalahgunaan dan kejahatan narkoba merupakan “tanggung jawab kita semua. Tugas kita bersama.” Dua hal penting: Pertama, menyangkut cara pandang terhadap urusan narkoba. Kedua, bagaimana kita menjalankan tugas "Siapa berbuat apa". UU No. 5 /1997 tentang Psikotropika, bab XII, pasal 54: PERAN SERTA MASYARAKAT (1) Masyarakat memiliki kesempatan yang seluas luasnya untuk berperan serta dalam membantu mewujudkan upaya pencegahan penyalahgunaan psikotropika sesuai dengan undang-undang dan peraturan pelaksanaannya. UU No.22/1997 tentang Narkotika. Bab IX: Peran Serta Masyarakat, pasal 57: (1) Masyarakat mempunyai kesempatan yang seluas-luasnya untuk berperan serta dalam membantu upayapencegahan dan pemberantasan penyalahgunaan dan peredaran gelap narkotika. (2) Masyarakat wajib melaporkan kepada ...
Discussing the study of comparative law in Indonesia, this paper is interested in focusing on the... more Discussing the study of comparative law in Indonesia, this paper is interested in focusing on the issue of why comparative law studies are declining both in quantity and quality. Using Charles Tilly’s theory of social history, this paper concludes that comparative law studies in Indonesia are currently in a stagnant position and fewer people are concerned with the quality of this academic study. This paper reveals that the comparative law that began during the Dutch Rechtshoogeschool in Batavia in 1924 basically did not develop until the present day. Both in terms of epistemology, subject of the study, postulate to method and approach illustrate how comparative law studies have stagnated when compared to the development of this study abroad. Comparative law in Indonesia is only focused on substantive studies without paying attention to this scientific development on the epistemological and methodological side. Improvements can thus be proposed in dealing with this situation, namely ...
Emha Ainun Najib (Cak Nun) is a charismatic and controversial Muslim cultural leader who has a wi... more Emha Ainun Najib (Cak Nun) is a charismatic and controversial Muslim cultural leader who has a wide audience in Indonesia. Along with an ensemble band called Kiai Kanjeng, he has monthly performances in various parts of Indonesia Adding to that, they are occasionally invited by institutions, individuals, or businesses. In the New Order era, on behalf of the disadvantaged, Cak Nun’s criticisms against a highly controversial dam project in 1980–1991 showed his rebellious tendencies in the face of state and elite despotism. As a result, Rasmussen (2010) eventually refers to him as “the champion of the grassroots.” However, since his involvement in the corporation-induced mudflow of Lapindo in Sidoarjo in 2006, his stand on the grassroots has actually been doubted. However, based on his recent stage performances in several regions hit by industrially-induced environmental crises, particularly in Pati's northern Kendeng, some groups have begun to question whether the assumption that ...
This paper examines the discourse of nationalism in popular culture by taking the American and In... more This paper examines the discourse of nationalism in popular culture by taking the American and Indonesian feature films as the formal objects of analysis. Many experts and theorists of nationalism were alarmed by the rise of new nationalism in many countries in the globe influencing not only the elites but also the common people. The victory of Donald Trump with his nationalist populism campaign in 2016 American presidential election, the rise of white supremacy and Christian nationalism in Charlottesville in 2017, and the discourse of anti-foreign hegemony and campaign of territorial nationalism in Indonesian presidential election in 2019 were some indications of the xenophobic, nativist, and hostile kinds of nationalism in both developing and developed countries that potentially threat the world peace. Assuming that popular culture represent the bedrock belief of the society, this study investigated the ideology of nationalism in 10 American and 10 Indonesian films using critical ...
The state's attitude towards legal pluralism in Indonesia has remained basically unchanged si... more The state's attitude towards legal pluralism in Indonesia has remained basically unchanged since independence. For the last six decades the state has been the dominant force in regulating legal pluralism. This may be a logical consequence of the civil law system embraced so far- the Dutch colonial civil law system inherited from the Dutch East Indies - which renders the institution of law inseparable from the state. As a result, the creation and establishment of law are understood more as a process that occurs through state legislation, while creative processes that take place beyond the state are certain to be rejected. Although in practical terms dialogue between state and society is necessary in the process of law-making the final decision is the prerogative of the state. This is the teaching behind the ideology of state positivism. The government of Indonesia has prescribed that while the state upholds the principle of legal pluralism it will always be the sole institution i...
n its endeavour, Islamization projects done by some Muslim organisations in Indonesia can lead to... more n its endeavour, Islamization projects done by some Muslim organisations in Indonesia can lead to certain treats of intolerance, especially to those rejecting the missions wrought about in the movements. Using qualitative approach, this paper tries to analyse the legal Islamization programs undertaken by Gerakan Reformis Islam (GARIS) in Cianjur, West Java, since their inception in early 2001 and its inclination to various intolerant attitudes towards others. The movement of Islamization is probed on the basis of the three main GARIS projects, namely, reviewing the draft of Indonesian penal law, engaging contra-Christianization movements and the struggle against Ahmadiyah. Describing the movement, one will see how the idea of legal Islamization is carefully and persistently moulded in the field to make it so fluid and adequate to accomplish a purpose. What seems appearing in this phenomenon is not a theoretical legal quandary but more a political one, as legal Islamization is in its...
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