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Adat Iban are Indigenous law of the Iban people of Sarawak, Malaysia. This dissertation explores the wisdom of Adat Iban and examines whether the Adat and the underlying wisdom are living Adat. Currently, the interpretation, application, and enforcement of the Adat are basically following the Iban ancestors’ practices and complying with spiritual obligations. This practice provides very little legal reasoning which obscures the rationales and wisdom of Adat. Under such situation, the flux of socio-economic and political developments and social changes that have been taking place in the Iban communities impinges the relevance and significance of Adat in the regulation of social relations of the communities. This study presents a reinterpretation and/or re-evaluation of Adat Iban to elucidate the rationales and wisdom of Adat Iban. This approach could provide legal reasonings which could rejuvenate the relevance of Adat and make Adat to become more comprehensible law of general application to the changing Iban communities. “Wisdom” encompasses Iban autochthonous knowledge, ideas, experiences, judgements, and spiritual principle that evolved into Adat. Wisdom is the quality that enables an Adat to be utilised to bring about beneficial or noble purpose, or justice. The study contends that there is wisdom in most Adat Iban. However, the social changes and modernisation that are taking place in most Iban communities raise the question of whether the Adat and the underlying wisdom are living Adat. A living Adat is one that is dynamic and flexible and constantly adjusting and adapting to the new or changing social situations. This study concludes that most Adat Iban have the potential to be living Adat and continue to be relevant for the regulation of Iban communities. However, the survival, development, and continuing relevance of Adat Iban depend on the Iban. / Graduate / 2021-11-18

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This thesis is an ethnography of Bugis marriage. It is concerned with aspects of gender, sexuality and marriage in a bilateral, highly competitive, hierarchical society. ¶ I examine the fundamental concept of siri’ in relation to gender socialisation, courtship, the importance of kinship and status in marriage, how sexuality is regulated between the sexes, sex within marriage, and the dynamics of marriage, divorce, and reconciliation. The analysis considers how Islam combines with local custom (adat) in everyday practices, and how Bugis cultural specificities are affected within the national ideology of contemporary Indonesia. ¶ This ethnography explores an interpretation of Bugis social and sexual experience through examination of the construction of gender identities and how they are manifested in marriage. The thesis explores the complementarity of gender for the Bugis. Despite the ideal of feminine passivity, I demonstrate that women exercise agency in a number of circumstances, including how they manage the sexuality of their husbands, defending siri’, the arrangement of marriage, remarrying, money management, divorce, and violent situations. I also examine the practices of illegal marriage (kawin liar) and illegal divorce (cerai liar) at local and personal levels. I analyse local and national debates on the legitimation of what is popularly known in Indonesia as ‘marriage based on religion’ (nikah secara agama) as part of the examination of Bugis marriage and marital relations. ¶ My thesis contributes to the understanding of Bugis notions of sexuality, gender and social location, and how these interact with siri’. I explore how and why violence occurs within marriage. I use a combination of informal interviews, participant observation and focus group discussions as well textual analysis of traditional manuscripts and incorporation of oral traditions.

The formulation of the Kompilasi Hukum Islam di Indonesia (KHI), the standard reference on family law---marriage, inheritance and waqf---is the most recent legal milestone throughout the history of Islamic legal development in Indonesia. / The change of social perceptions on family law and the practice of living adat or customary law has been the major factor in the compilation of the KHI. The social and adat elements in the KHI are unmistakable and allowed by the concepts of `urf (usage), mas&dotbelow;lah&dotbelow;ah (public interest), sadd al-dhara'i` (blocking the means) and istih&dotbelow;san (juristic preference) in Islamic law. The KHI, in turn, is to change and make uniform the social perception of family law throughout Indonesia, which varies from one place to another. From a political perspective, the enactment of the KHI is to strengthen the position of the Islamic courts by putting them on an equal footing with other courts in Indonesia. Since the Islamic courts earlier lacked a codified or compiled material law to be used as the official reference in rendering legal decisions, the emergence of KHI is a positive step in that direction. Finally, the emergence of the KHI is a realization of the accommodative relationship between the government and Islam under Indonesian New Order era, both of which take advantage of the enactment of the KHI. (Abstract shortened by UMI.)

This thesis investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat law, the two greatest non-state normative orderings, in the last two decades. At the same time the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. The result has been a conception of law as a homogenous system in which the ideology of legal positivism represents the basic tool for lawmaking. This, however, has led to an impasse, seeing that pluralism and multiculturalism are in fact self-evident phenomena in the society. The state has been obliged, therefore, to accommodate these non-state normative orderings. / The discussion of Indonesian legal pluralism in this thesis focuses on understanding the state's attitude and behavior towards the three largest legal traditions currently operative in the society, i.e., adat law, Islamic law and civil law. Socio-political factors are shown to have much influenced the relations between state and non-state laws. The state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. Certain "national legal postulates" have functioned as a yardstick by which the country's legislative and judicial institutions have measured the extent of their accommodation of legal pluralism, although they have had little choice but to do so. / Influenced by Masaji Chiba's theory of "three levels of law" (i.e., official law, unofficial law and legal postulates), this thesis analyzes two aspects of legal pluralism in Indonesia: the political and "conflictual" domains of legal pluralism. The analysis is thus generally based on the state policy of legal pluralism reflected in the legal and political strategies confronting the issue of unofficial laws as well as the conflicts arising from such situations. The first aspect is addressed by looking at a number of statutes and regulations promulgated specifically to deal with Islamic law and adat law, while the second is analyzed in terms of actual cases of private interpersonal law arising from conflict between state and non-state legal traditions, as reflected in legislation and court decisions. From a discussion of these two aspects, the thesis concludes that, although the form of the relations between official and unofficial laws may have changed in conjunction with the socio-political situation of the country, the logic behind legal pluralism has in fact never altered, i.e., to use law as a tool of state modernism. Thus conflicts arising from the encounter between different legal traditions will usually be resolved by means of "national legal postulates," making the unofficial laws more susceptible to the state's domination of legal interpretation and resolution.

The thesis deal with the design and construction of single cluster of apparatus which can serve as a signal source for wavefield synthesis. Apparatus can be controlled remotely by Ethernet interface. Thesis contains theoretical analyses of speaker system, class D amplifier, digital to analog conversion, digital format of acoustic data ADAT and Ethernet interface. Conceptual design of cluster and description of constructed module is concerned.

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This thesis illustrates how love, legality, money, sex(uality) and sin direct Malays’ marital strategies in the face of various social, moral, religious and structural pressures. Passionate love (cinta) is cherished and celebrated by Malays – that is, if it is indulged within marriage. Marriage serves as a license to engage in (otherwise illicit) sexual desires by rendering them “halal” or lawful in the eyes of Islam and Malay adat (traditions). A vigilant State-led Islamic Bureaucracy, which polices and punishes pre- or extramarital sexual liaisons between unmarried couples through strict moral surveillance, further ensures that access to physical intimacy remains a conjugal privilege. However, hindered by complex bureaucratic procedures for marriage and pressured by escalating passions, many of my Malay informants are compelled to seek cheaper, quicker, and discreet alternatives in neighboring Southern Thailand to “halal-ize” pre- or extramarital romances, resulting in secret – and legally contentious – monogamous or polygamous cross-border marriages. Cross-border marriages – specifically polygamous ones – are subsequently explored here as a careful (and often failed) negotiation between discretion and disclosure: their stability decreases with increased exposure, rendering them highly precarious. Contrary to the dominant male-centric scholarship on polygamy, this study privileges the perspectives and experiences of polygamous wives by considering how their position within the marriage informs their capacity to engage in – or conversely, disengage from – this multi-marital arrangement. Polygamy is embraced by some women as a female choice that secures access to marriage and motherhood – both crucial towards achieving Malay womanhood. For others, polygamy is hardly a “choice” at all, and they must cope with the discomforting reality in which the husband’s money, time, and attention are now “halved” between his wives. Love in polygamy is experienced in visible and measurable terms, and the husband’s unequal distribution of his emotional and economic resources create discontent among wives that may culminate in divorce, or covertly confronted through sorcery. In Malay polygamy, more therefore means less.