State legal pluralism: the intersection of adat, jinayah, and national penal law in Gayo, Indonesia

This book discusses the dynamic intersection of three bodies of law; adat, Aceh Shari’a and national penal law, and the institutions applying them. It focuses on how these address public morality and criminal offences of a sexual nature as they play out in the Gayonese community of Central Aceh dan Bener Meriah districts, Indonesia.The author argues that these three legal systems have complemented and become alternatives to one another. The state, non-state legal actors and adat officials observe certain limits of each legal system and shop the forums available or apply legal differentiation. Among the actors involved, the police is the most influential in directing the use of the three legal systems. They decide which legal system suited best for the victims’, offenders’ and their own interest and they are the bridge between legal systems in the pluralism of penal law in Aceh. These legal developments in Gayo suggest that state recognition of non-state law (adat law) as part of the state legal system may give a high degree of autonomy to adat institutions. This goes against the frequent claim that recognition of adat always leads to more control by the state.Indonesia Endowment Fund for Education (LPDP) of Ministry of Finance of the Republic of IndonesiaAsian Studie