Index

Page numbers in bold refer to information in tables.

Acehnese communities inheritance disputes lawyer-client interaction74–82 mediation69, 73, 74–79, 83 women’s status71–72mahr128–129 claiming unpaid payments133–138 disputes132–133 post-divorce payments123–124 case studies113–119 gifts of consolation111 government regulations v Islamic law120–122iddah maintenance111 implementation and enforcement of decisions122–123 judicial discretion119 women’s property ownership109–111adat law, see customary lawadultery children born of adultery61–64 children born of siri marriages compared57–60 rights of children born of adultery64–65 gender differences in attitude24ampa co’i ndai (bride-paid marriage payments) compensation for lowly status, as20 family prestige and26–27 government employees20 inequality of social status23–24mahr, distinguished from22 mutual contribution22–23 raising bride’s social status23–24, 25–26 roles of bride and groom21 tool of control, as a24–25see also mahrAisyiyah (Islamic women’s organization)56–57 children born of adultery61–64 children born of siri marriages57–60, 64appeals claims for child support36–37 gifts of consolation36–37iddah maintenance97 inheritance disputes74, 74n4, 74n5, 76, 77 non-returnable marriage payments140–142bilateral kinship system102Bimanese communitiesampa co’i ndai, see ampa co’i ndai compensation, marriage payments as20 government employees20–21 groom-testing traditions21mahr/co’i17–19 negotiating mahr19–20, 21–23 principles and practice of mahr15–17mahr with personal property and Surat Keputusan19–20Bugis Makassarese communities8, 30n1siri concept31–32 case studies40–41 inheritance and siri37–39 social identity and siri41–43 social location of families32–33sompa compared34–37see also siri; South Sulawesi communitiesCatholicism divorce112n6children born of adultery61–64 children born of siri marriages compared57–60 rights of children born of adultery64–65children born of siri marriages57–60children born out of wedlock children born of adultery61–64 children born of siri marriages compared57–60 rights of children born of adultery64–65 Constitutional Court Judgment No. 46/PUU-VIII/201052, 64–65 controversy47–48, 53–54 Fatwa No. 11/201253–54 law reform47, 54–55, 56 legal status47 right to inherit property7, 54–55centralization of judiciary3 New Order Indonesia4–5child support90, 92 appeals36–37 bilateral kinship system, impact of102 custody issues100 lack of enforcement101–102 reliance on extended family102colonialization3, 112Compilation of Islamic Law in Indonesia (Presidential Instruction No.1 1991)4, 48–49, 49n5, 147 dissolution of marriages93–94 marriage payments17, 144 marriage reforms90, 93 post-divorce rights90, 93, 103, 109 sanctioning of non-registered marriages48–49Constitution 194552, 52n14, 74Constitutional Court Judgment No. 46/PUU-VIII/201052, 64–65 background51 children born of adultery61–64 children born of siri marriages57–60 controversy47–48, 53–54 Muslim/civil law conflict51–52 registration and legitimacy of marriages52 status of children born out of wedlock52–53 women’s rights organizations, responses of55–57 children born of adultery61–64 children born of siri marriages57–60customary law codification1, 3–4 customary marriage payments132, 144 obligation to return wedding expenses payment140–141see also sompa inheritance rights69–70, 72, 79 mediation79, 83 no entitlement to inheritance71–72 living adat4 mediation79, 83 women’s property ownershipadat and shari‘a law compared109–111decentralization, political and cultural3, 5, 146–147disobedience as grounds for divorce8 loss of rights93, 102–103, 108dispute settlement extra-judicial dispute settlement3 judicial interpretation2–3 marriage payments disputes8, 131–133 non-returnable marriage payments139–142 returnable marriage payments142–144 returning marriage payments138–139 mediation69, 73, 74–79, 83see also inheritance disputes; mediationdivorce disobedience as grounds for divorce loss of rights102–103 government employees114 gender difference24 husband-filed divorces90, 92 judicial discretion96–100 monetary awards to women2 non-tenured workers118 post-divorce payments to women7–8 wife-filed divorces90, 92 lack of maintenance payments103enforcement of family law122–123, 151–152 child support101–102, 151iddah maintenance104 interpretation and enforcement146mut’ah104extra-judicial dispute settlement, see mediationextra-marital affairs, see adulterygender-neutral inheritance71gifts of consolation90, 91, 92–94 procedural reform94–96government employeesampa co’i ndai20co’i providers18–19, 23iddah maintenance113mut’ah113 status and good character20–21groom-testing traditions21honor, see siriiddah maintenance90, 91, 92 confusion surrounding terminology93 husband-filed divorces92 procedural reform94–96 wife-filed divorces92illegitimate children, see children born out of wedlockindependence3–4sompa, impact on130Indonesian Commission for Child Protection47, 54inheritance disputes case studies73–82 legal representatives, relationship with74–77 mediation69, 73, 74–79, 83 property disputes73 first and second spouses79–82 sole daughter and her uncle77–79 spouse and step-children, between74–77inheritance dispute resolution (Law No. 7 1989)4inheritance rights children born out of wedlock7 civil and Islamic law compared7 customary rights72 gender-neutral inheritance71–72 judicial sensitivity to women’s rights72–73 legal representation7 principle of equal status to male and female children72 role of lawyers69–70siri37–40 women’s legal status69, 70–71interpretation of Islamic law1, 4, 27–28, 146–147 child support requirements102 children born out of wedlock54–55, 64 inherited property71, 77–79, 150mahr and sompa132–133, 149Islamic lawétatisation of Islamic law4–5, 146–147 inheritance rights civil law compared7 judicial interpretation2–3, 5 post-divorce payments120–122 post-divorce property rights dowry awarded at wedding92 financial support throughout wedding92 gifts of consolation92 share of inheritance on husband’s death92see also Compilation of Islamic Law in Indonesia (Presidential Instruction No.1 1991); interpretation of Islamic lawjoint propertymahr17 legal representation in joint property disputes73 case studies74–77judges bias5 interpretation of Islamic law2–3, 5 post-divorce payments7–8 training equality of inheritance72–73judicial discretion151 post-divorce rights case studies96–100, 113–120kacampo fu’u, see mutual contributionlawyers, see legal representationlegal pluralism1–2 implications for marriage registration48–49 inheritance disputes69–70, 71 marriage legitimacy49legal representation case studies74–82 joint property disputes74–79 lack of commitment to parties80–81 motivation82legitimacy of marriages case study51–55 registration of marriages48–50siri marriages50n7, 58–60 status of illegitimate children48–50 whether mahr required127–128Lembaga Bantuan Hukum Asosiasi Perempuan Untuk Keadilan, see Women’s Association for Justice and Legal Aidlocal cultural codes1 judicial interpretation5 marriage gifts6see also customary law; mahr; sirimahr2, 6, 15, 127–128 comparative law149mahr principles15–16 negotiation compensation, payments as20 family prestige26–27 government employees20–21 mutual contributions19 roles of bride and groom21–27 women’s power24–25 women’s status23–24, 25–26 principles and practice compared15–17, 27–28 reciprocity principle17 regional perceptions of127–131 social status and16, 128see also ampa co’i ndaimarriage payments claiming unpaid payments133–138 disputes131–133 non-returnable marriage payments139–142 returnable marriage payments142–144 returning marriage payments138–139see also ampa co’i ndai; mahr; sompaMarriage Law No. 1/19744 children born out of wedlock inheritance rights7, 47, 56 judicial review of51–55 marriage legitimacy4, 48–50, 51n13 post-divorce rights90, 93 Aceh111–112marriage registration Marriage Law No. 1/197448–49 requirement to legitimize marriages48–50mediation inheritance disputes69, 73, 74–80, 83 unpaid marriage payments133Muslimat NU (Islamic women’s organization)56–57 children born of adultery61–64 children born of siri marriages57–60mut’ah, see gifts of consolationmut’ah marriages54n22mutual contribution19, 23, 28see also ampa co’i ndainashiz, see disobedience as grounds for divorceNational Commission on Violence Against Women47, 54negotiation of marriage giftsampa co’i ndai20co’i di wa’a/Surat Keputusan and19–20mahr compensation, payments as20 government employees20 mutual contributions19New Order Indonesia centralization4étatisation of Islamic law4–5, 146–147obligatory bequests39, 150–151 children born out of wedlock54, 56, 62–63, 64–65, 150polygamy90–91 absence of sompa38 inheritance rights of women58–60, 64, 73, 82siri marriages58–60, 64, 76n11post-divorce payments7–8, 123–124 case studies113–119 disputing marriage payments127 government regulations v Islamic law120–122 implementation and enforcement of decisions122–123 judicial discretion119 wife-filed divorces103see also post-divorce rights of womenpost-divorce rights of women7–8, 89–90, 104–105 case studies113–119 child support90, 92see also child support custody of children90, 92, 100 gift of consolation90, 91, 92, 123–124 government regulations v Islamic law120–122 husband-filed divorces90iddah maintenance90, 91, 92, 104, 123–124see also iddah maintenance implementation and enforcement of decisions122–123 Islamic law post-divorce property rights dowry awarded at wedding92 financial support throughout wedding92 gifts of consolation92 share of inheritance on husband’s death92 judicial discretion119 Marriage Law (Law No. 1 1974)90 research studies107–109 wife-filed divorces90Protestantism divorce112reciprocity principlemahr17regional differences147 marriage payments148–149registration of marriages, see marriage registrationshari‘a law, see Islamic lawsiri6–7, 43 access to property42–43 Bugis Makassarese communities30 diginity and humanity31 divorce35–37 inheritance37–40 interpersonal relationships and shared responsibility31–32 reaction when siri offended31sompa34–37 children born of siri marriages57–60 divorce35–37, 51n10 meaning of siri6, 31siri marriages50, 50n7sompa34–35 divorce35–37 inheritance37–40 social identities, relationship with41–42see also sompasocial status of womenampa co’i ndai23–24, 25–26 government employees20–21mahr16, 23–24, 25–26 misrepresentation of wedding expenses33n2sompa access to property42–43 children and36 divorce35–37 inheritance37–40 negotiation35siri and Bugis Makassarese communities34–35 case studies35–37 status, importance of33, 36–37 value of gifts32–33South Sulawesi communitiesdoi menre129–130mahr129–131 disputes131–132sompa37, 129–131, 132siri43, 129–131wasiah wajibah39see also Bugis Makassarese communitiesSurat Keputusan, see government employeessunrang, see sompawasiah wajibah, see obligatory bequestsWomen’s Association for Justice and Legal Aid40–41women’s rights organizations Aisyiyah56–57 Muslimat NU56–57 Women’s Association for Justice and Legal Aid40–41