Stijn Cornelis van Huis

• Senior Lecturer at Binus University

Because of its entanglement with religious norms, Muslim family law reform is a sensitive issue. In Indonesia, the validity, rights, and responsibilities pertaining to Muslim marriage and divorce are regulated by the 1974 Marriage Law and the 1991 Compilation of Islamic Law. The 1974 Marriage Law is both general and pluralistic in character, since...

Confronted with rapid and complex changes in the digital era, both the Indonesian and Dutch Supreme Court have been granted the powers of providing legal solutions at an early stage of the legal process. The Dutch Parliament introduced the Law on Prejudicial Questions whereas the Indonesian Supreme Court reinstated the chamber system. Each year, pr...

Polygamy is a highly controversial topic and the object of serious political contestation in Indonesia. Although all major Muslim organizations consider polygamy is allowed under Islamic Law, the practice is not without stigma. In 1974 when Indonesia adopted its current Marriage Law, the Indonesian parliament decided to tie polygamy to strict condi...

This article examines the development of policies regarding the state-owned enterprises (SOE s) and public service agencies (PSA s) in Indonesia. In 2004, the government of Indonesia introduced PSAs-government agencies that were given large autonomy to manage their financial affairs. The rationale behind this autonomy is consistent with the New Pub...

This paper explores how legal and value pluralism creates or constrains space for second wives to express ambivalences towards negative aspects of their unregistered polygamous marriages. It analyses two types of ambivalence toward dominant Muslim family law norms: first, ambivalence toward dominant norms pertaining to the second wives’ status and...

Buku “Inovasi Pendidikan Hukum di Indonesia: Teori, Petunjuk dan Prakk” ini berusaha menyajikan hal-hal yang sangat aktual dan relevan bagi upaya perbaikan pendidikan hukum di Indonesia dengan menekankan pada aspek-aspek tertentu yang dianggap penting untuk dipertahakan dalam konteks terkini. Materi pokok yang diuraikan dalam naskah buku ini mencak...

This paper investigates the legal framework required to develop a safe and sustainable Urban Air Mobility system in Indonesia. A coherent and comprehensive legal framework for UAM minimizes the risks posed by mass application of drones. Risk mitigation is essential, as public opinion, social resistance, and costs will determine how the public will...

As stakeholders increasingly demand products produced socially and environmentally responsible, MultiNational Corporations (MNCs) have since 1990 more and more joined Global Corporate Responsibility (GCR) frameworks showing an increased awareness of MNCs about the need for sustainable forms of production in their supply chains. Uniqlo is one of the...

This explorative paper investigates the application of human rights to civil law cases in Indonesia. Human rights are often placed within the realm of public law. Yet, fundamental rights and freedoms also apply to private law cases. The human rights literature, however, does not exist in Indonesian private law. This article explores how human right...

Confronted with rapid and complex changes in the digital era, both the Indonesian and Dutch Supreme Court have been granted the powers of providing legal solutions at an early stage of the legal process. The Dutch Parliament introduced the Law on Prejudicial Questions whereas the Indonesian Supreme Court reinstated the chamber system. Each year, pr...

https://www.universiteitleiden.nl/binaries/content/assets/rechtsgeleerdheid/instituut-voor-metajuridica/sleei-wp-2---legal-skills---bahasa.pdf Makalah ini adalah bagian dari lima kertas kerja dari program “Strengthening Legal Education in Eastern Indonesia” yang ditulis sebagai rujukan materi utama untuk pelatihan para dosen (fakultas) hukum di In...

This article examines the cases of children born out of wedlock and adopted children with the aim of depicting the mechanisms through which the concepts of biological fatherhood, derived from the human-rights framework, and adoption, derived from the customary law framework, have been adopted into Indonesian Islamic family law. We argue that the in...

In this essay, I describe the historical development of three traditional fiqh -based divorce mechanisms in Indonesia that commonly result in a khul‘ divorce: regular khul‘ ( khuluk ), conditional divorce ( taklik talak ), and marital discord ( syiqaq ). In the practice of present-day Islamic courts these traditional fiqh -based divorce mechanisms...

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,...

Early in 2010 a draft bill on substantive Muslim family law proposed the criminalisation of unregistered marriages and unofficial polygamous marriages in Indonesia. In the debates in the media that followed the current legal situation of unregistered marriage and unofficial polygamy was largely disregarded. In this article we argue that sufficient...

This article discusses the law and practice of Muslim marriages and their registration in Indonesia. The central question is to what extent these accommodate the rights and needs of poor women. A historical overview of state involvement in marriage regulation demonstrates how the women’s rights discourse has been largely replaced by one based on Is...

Although the UN-proclaimed ‘Decade for Indigenous Peoples’ officially ended in 2004, the continuing array of activities in support of special ‘indigenous rights’ shows that this movement has lost little of its impetus. In spite of criticism of the underpinnings and of the consequences of attributing special rights to ‘indigenous communities’ (Kuper...