Mark Cammack

Southwestern Law School · Law

This paper looks at the enactment and enforcement of recent criminal legislation involving sexual morality in the Indonesian province of Aceh. Public discussions of Islamic law relating to crimes focus almost exclusively on the question whether Islamic criminal law shall be enforced and give little if any attention to the question what Islamic crim...

This article examines the developments in Indonesian family law in the aftermath of the political transition that occurred in 1998. Its focus is on the position of the Islamic courts and the role of the women’s movement as a driver of reform. Combining literature on gender, Islam, and the state in Indonesia with new material such as divorce rates,...

This article presents a relatively detailed account of Hazairin's theory that the Qur'an and the Traditions of the Prophet support what he refers to as a bilateral system of Islamic inheritance law. The second part of the article then examines recent developments in Islamic inheritance law in Indonesia, and argues that the law is moving, albeit slo...

A discussion of the effect of the marriage Act 1974 against divorce behavior Muslim community in Indonesia can be said to be rare. Various writings that discuss the application of these laws focus more on aspects of institutional, legal and political.Copyright (c) 2014 by SDI. All right reserved.DOI: 10.15408/sdi.v4i4.766

In the English common law, all evidence was admissible in court regardless of how it was gathered, perhaps with the exception of statements which were the product of torture or other cruel treatment. The United States, with its 1791 Bill of Rights, however, was the first country to recognize that evidence gathered in the violation of constitutional...

This chapter describes the historical evolution and current structure of Indonesia’s Islamic legal structure. The current system of Islamic courts in Indonesia is traceable to a late nineteenth century Dutch decree establishing a system of Islamic tribunals on the islands of Java and Madura. The decree created collegial courts in which a district-l...

Divorce trends in Indonesia during the latter half of the 20th century provide an interesting contrast to Western societies. While the social forces associated with modernisation resulted in a dramatic rise in divorce in Western societies, the process of modernisation produced an equally dramatic decline in divorce in Indonesia. Recent evidence, ho...

In 1961 the United States Supreme Court held in Mapp v. Ohio that the exclusion of evidence obtained as a result of an unconstitutional search or seizure is required in state criminal trials as a matter of federal constitutional law. Two further cases decided in 1964 and 1966 created federal constitutional exclusionary rules for illegally obtained...

One of the more notable features of Indonesian Islamic law is its recognition of the concept of jointly owned marital property. The Indonesian doctrine of joint marital property bears a striking similarity to the community property system in California. In both systems the marital estate consists of property acquired during the marriage through the...

Although often neglected in the literature on Islamic law, contemporary Indonesia is an especially rich source of insight into the diverse understandings and uses of the Islamic legal tradition in the modern world. Indonesian Muslims are engaged in vibrant and far-reaching debates over the terms, relevance, and developmental limits of Islamic law,...

This article examines trends in marital dissolution in Indonesia. Analysis considers the impact of educational expansion, delayed marriage, urbanization, increasing employment before marriage, legislative change, and increased free choice in marriage on the decline in marital disruption. Trends such as delayed marriage and educational expansion acc...

Indonesia's family planning program is regarded as a major success.Survey data from 1997 reveal that rates of contraceptive use vary dramatically amongIndonesia's 27 provinces, from a high of 67 percent of ever married women currently using contraceptives in the province of North Sulawesi, to a low of 19 percent current users in East Timor and28 pe...

In 1989 Indonesia enacted a new law governing the country’s Islamic courts that significantly enhanced the legal and institutional standing of the courts and expanded the courts’ powers. This article examines the Religious Judicature Act in a broader context and qualifies the initial assessment of its importance. Though significant, the Act does no...