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Plural but Unequal: Asymmetric Legal Pluralism in Aceh, Indonesia

Plural but Unequal:   Asymmetric Legal Pluralism in Aceh, Indonesia


Arskal Salim


Abstrak

Since the last ten years, Indonesian national legal system has become more diversified. It tacitly acknowledges people segregation based on religion as well as local territory. In fact, separate legal institutions are present to serve different believers. A recent law on the governance of Aceh as a special region, which was promulgated in 2006, has reinforced this plural legal configuration at numerous levels. This law, among others, provides for non-Muslims living in Aceh with legal choices in some penal offences (e.g. gambling and alcohol consumption). Non-Muslims offenders are free to choose between being sentenced by the shari`a court and being adjudicated by civil court. However, this choice is not available to Muslim offenders. They have no right to move across different legal orders and jurisdictions. This paper thus seeks to argue that although pluralism is very central in Islamic legal thought and practice, this legal pluralism in certain contexts is ignored thereby making Muslim people disadvantaged from their heritage diversity.

You are here: Home Abstract Plural but Unequal: Asymmetric Legal Pluralism in Aceh, Indonesia