UNIVERSITY OF INDONESIA
FACULTY OF LAW
STUDY PROGRAM: LAW, SOCIETY AND DEVELOPMENT
Teaching subject: Anthropology of Law
Periode of time : February - May 2012
Day: Thursday, 14.00- 15.40
TEACHERS:
Prof. Dr. Sulistyowati Irianto, MA (SI)
Lidwina Inge Nurtjahyo, SH, M.Si (LIN)
Dian Rositawati, SH., M.A (DR)
Iva Kasuma, SH. M.Hum. (IK)
Objectives:
The objectives of this teaching subject is to understand:
1. The significance of studying legal anthropological perspective for legal
scholar to understand law
2. The construction of law in socio and political context, and how does law work
in daily life of society
3. Contribution of theoretical and methodological approaches in anthropology to
understand law in such broader meaning
Synopsis:
This lecture focus on contribution of anthropological approach to legal studies.
Law as text cannot be understood as neutral and objective and isolated from
society. The society member can perceive law differently in line with their social
and cultural background, economic and political context. Society has capacity to
valid their own rules dealing with their need to maintain social order.
Among many legal scholars it raises awareness that legal studies firmly studying
law in black letter perspective (legalistic thinking) does not have enough
capacity to explain how law is constructed implemented by actors. It could be
legal enforcers or society at large. Legal anthropological approach place law
interconnected with social, political, economic and cultural background.
Some theoretical concepts and methodological approaches will be introduced,
and it is followed by themes and practical issues studied in legal anthropology
like critical perspective on law, legal pluralism, dispute settlement, legal
development, and access to justice.
Legal pluralism as classic and modern approach will be studied more, as this
approach has been developed and dominated legal anthropological field of study.
1
CRITERIA OF EVALUATION:



40 % from mid term exam, 50 % from final exam and 10 % daily activities like
discussion.
mid term exam will be conducted in the form of essay
final exam is completed by doing and writing (small scale) research report
and completed by documentation (photos or video)
.
2
Course
1
Subject
Introduction
SCHEDULE
objectives
Method
1. to raise awareness
Lecture and
on the importance
discussion
of studying
anthropology of law
to understand law
2. To understand the
difference between
legalistic thinking
of law and
anthropological
perspective in law
3. To understand
interdisciplinary
approach to law
Lecturer
SI
Bahan Bacaan
1. R.F. Kandel, 1992. “How Lawyers and
Anthropologist Think Differently.”
3. Ihromi, TO, Pengantar Antropologi
Hukum. Jakarta: Yayasan Obor, 1993.
2
The history and
scope of legal
anthropology
To understand legal
anthropological studies in the
earl of its history, approaches,
and themes and how its progress
in modern time
Lecture and
discussion
SI/LIN
Moore, Sally F, Early Themes that
Reappear in new Form in Moore, SF (ed),
Law and Anthropology , Blackwell, 2005,
p 5-28
3
Main concepts in
legal anthropology
To understand main concepts in
legal anthropology, law in cultural
perspective
Lecture and
discussion
LI /DR
Verschuuren (eds.), The State
Legislature and Non-State Law, 2008.
4
Legal Pluralism in
classical view
To understand legal pluralism as
concept and its critique against
Lecture and
discussion
SI
1. Marc Hertogh, What is Non-State
Law? Mapping the Other Hemisphere of
3
Course
Subject
objectives
legal centralism
Method
Lecturer
Bahan Bacaan
the Legal World in J. van Schoten &
J.M.
2. Tamanaha, Brian, Legal Pluralism
3. Irianto, Sulistyowati. “Sejarah
Pluralisme Hukum dan Konsekuensi
Metodologisnya”
5
Legal Pluralism in
modern perspective
To understand the issues of
Legal Pluralism and global world
Lecture and
discussion
SI
Moore, Sally F, the Large Scale:
Pluralism,
Globalism,
and
the
Negotiation of International disputes, in
Moore Sally F, Law and Anthropology: A
Reader, Blackwell, 2005, p 303-342
F & K benda-Beckmann, Griffiths,
Introduction in F& K Benda-Beckmann &
Anne Griffiths (eds) in Mobile People
Mobile Law, 2005
6
Dispute Settlement
in anthropological
perspective
To understand Anthropology of
Dispute Settlement
Lecture and
discussion
LIN/DR
Moore, Sally F, the early classic of legal
Ethnography: the real thing-field work
on law, rules, cases and disputes in
Moore, SF (ed), Law and Anthropology ,
Blackwell, 2005, p 65-100
4
Course
Subject
7
Dispute Settlement
8
From Legal
Development to
Access to Justice
for Women and the
Poor
From Legal
Development to
Access to Justice
for women and the
poor II
Methodology
9
10
objectives
Method
Lecturer
Bahan Bacaan
Hoebel in TO Ihromi, Antropologi
Hukum Bunga Rampai
To understand Dispute
settlement as an unending
theoretical and practical issues
To understand justice pro poor
and women
Lecture and
discussion
LIN/DR
Bloomley, Abel-Felstiner ??
Lecture and
discussion
DR/IK
Thomas Caroters
To understand justice pro poor
and women
Lecture and
discussion
DR/IK
??
To understand socio-legal
research method
Lecture and
discussion
SI
1. Flood, socio-legal ethnography in
Banakar & Travers (2005);
2.Sulistyowati Irianto: Memahami SociLegal Studies & Praktik Penelitian
Hukum, in Irianto S &
Shidarta:
Metode Penelitian Hukum, OBor 2009
11
Methdology II
12
Overview
To understand enthography of
law
LIN/DR
Samia Bano & Griffiths, in Banakar &
Travers, 2005
SI/LIN/
DR/IK
5
Course
13
Subject
Presenting research
report
objectives
Method
Lecturer
SI/LIN/
DR/IK
Bahan Bacaan
SI-2012
6