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Formation of Contract and Stipulations for Third Parties in Indonesia

Gary F Bell

in Formation and Third Party Beneficiaries

Published in print:
2018
Published Online:
February 2018
ISBN:
9780198808114
eISBN:
9780191845994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808114.003.0018
Subject:
Law, Private International Law

Indonesia is one of the most legally diverse and complex countries in the world. It practises legal pluralism with three types of contract law in force: adat (customary) contract laws, Islamic ... More


Indonesian Laws and Lawmaking

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the various types of laws that Indonesian institutions can make, the processes for their issuance, and the bodies that issue them. Most of these laws, including national ... More


Contractual Interpretation and Protection against Unfair Terms in Indonesia

Gary F Bell

in Contents of Contracts and Unfair Terms

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198850427
eISBN:
9780191885457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850427.003.0007
Subject:
Law, Law of Obligations

This chapter examines the Indonesian law on contractual interpretation and the regulation of unfair terms. With regard to the former, it discusses two closely connected issues in defining the ... More


Foreign Investment

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0018
Subject:
Law, Constitutional and Administrative Law

Successive governments have emphasized Indonesia’s need for greatly increased foreign investment but have not matched this with sufficient reform to attract large amounts of it. This chapter begins ... More


Substantive Criminal Law

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0010
Subject:
Law, Constitutional and Administrative Law

The sources of Indonesian criminal law are numerous. The backbone of substantive criminal law is the Criminal Code (KUHP), which was first applied in Indonesia during Dutch colonialism in 1918 and ... More


The Constitution and State Institutions

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter provides an overview of Indonesia’s constitutional structure and the institutions that operate within it. It begins with a brief constitutional history, from Independence to the ... More


Traditional and Customary Law: Adat

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0007
Subject:
Law, Constitutional and Administrative Law

Many Indonesians—primarily those living in rural areas—still follow customary law (adat). The precise rules and processes of that adat differ significantly from place to place, even within short ... More


Financial Laws: Tax, Insolvency, and Banking

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0019
Subject:
Law, Constitutional and Administrative Law

This chapter covers tax, insolvency, and banking law in Indonesia. The law regulating VAT, land and building tax, import tax, luxury goods tax, and regional taxes is discussed, as are tax offences, ... More


Environmental Law

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0009
Subject:
Law, Constitutional and Administrative Law

Indonesia has long had poor standards of environmental governance, with the Soeharto government making the environment largely subservient to the national development imperative. In this chapter we ... More


Corruption Law

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0014
Subject:
Law, Constitutional and Administrative Law

Legal responses to Indonesia’s serious problems of embedded corruption are the subject of this chapter. It begins with an overview of the relevant legislation before moving to Indonesia’s first ... More


The Civil Code, Civil Liability, and Contract Law

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter is about civil law in Indonesia, which is archaic and unsuited to contemporary needs. It begins by discussing the problematic influence of Dutch colonial law in this area—in particular, ... More


Marriage, Divorce, and Inheritance

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0022
Subject:
Law, Constitutional and Administrative Law

Indonesia has a highly complex family law system, with different rules for Muslims and non-Muslims. This chapter offers a comprehensive overview of the rules governing marriage for both groups, ... More


Company Law

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0016
Subject:
Law, Constitutional and Administrative Law

This chapter deals with the law regulating business vehicles in Indonesia. The principal focus of the chapter is companies (including publicly listed companies, foreign investment, and shari’a ... More


Criminal Procedure: Pre-Trial

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the criminal procedure laws applicable before a defendant is tried. It is intended to be read alongside Chapter 12, which covers criminal procedure during trials, appeals, ... More


Decentralization

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines legal dimensions of Indonesia’s ‘Big Bang’ decentralization process that began soon after Soeharto’s fall in 1998. It discusses the provincial, city and county legislatures and ... More


Labour Law

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0017
Subject:
Law, Constitutional and Administrative Law

Indonesian labour law was transformed after the fall of Soeharto, with workers granted many freedoms they had been denied under his rule. This chapter explains the rights and duties of workers and ... More


The Constitutional Court

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0005
Subject:
Law, Constitutional and Administrative Law

Indonesia’s Constitutional Court, established in 2003, is often called a model of judicial reform for other courts in Indonesia and throughout parts of Asia. It reviews statutes against the ... More


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