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Indonesian Customary Law and European Colonialism: A Comparative Analysis on Adat Law KCI 등재

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  • URLhttps://db.koreascholar.com/Article/Detail/347874
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이준국제법연구원 (YIJUN Institute of International Law)
초록

This paper argues that what Van Vollenhoven did in dealing with adat law was in fact part and parcel of the colonial policy to exploit the colony for the benefit of the Dutch and had nothing to do with being‘ a good Samaritan’by saving‘ the other’ legal culture. What he did also was mainly triggered by what I refer to as cultural anxiety. His campaign to promote adat law was intensified by his fear of the rise of Islamic identity that would be used as a rebellious ideology by the people of Indonesia to fight against the Dutch. Furthermore, I argue that Van Vollenhoven’s intellectual background, heavily influenced by European legal romanticism, had intensified his advocacy to promote adat law in Indonesia.

목차
Indonesian Customary Law and European Colonialism
  Ⅰ. Introduction
  Ⅱ. Dutch Legal Scholars and Adat Law
  Ⅲ. The European Origin of Adat and the Colonial Policy
  Ⅳ. Conclusion
저자
  • Zezen Zaenal Mutaqin(Faculty of Shari’a and Law, the State Islamic University ( “UIN”) Syarif Hidayatullah)