ABSTRACT
In this chapter we will discuss the fate of interpersonal law in Indonesia, especially since the commencement of construction of a national law. The shift from the ideology of colonial law to that of national law has led to a decline in the dominance of interpersonal law in resolving conflicts of substantive law between followers of different legal traditions. This is all an impact of political change in the national era, where state centralism invokes legal uniformity. Legal conflict arising from a plurality of normative orderings results in situations where the state is seen as the only institution able to cope. Hence, in conjunction with the mission of legal nationalization, the state constantly endeavors to make the various substantive traditions toe the same line. Legislation is here seen as one of the best methods of realizing such an ideal. Although uniformity itself is not always achieved, the legislative method can somehow help the state appease the conflict. This chapter focuses on the state’s endeavors at such legislation, in the hope of understanding its approach to resolving legal conflict. Three cases of private interpersonal law will be set forth as examples, each illustrating a different aspect of the law, namely: adoption, plaatsvervulling (place fulfillment in inheritance) and joint property of marriage. The historical development of the system of interpersonal law in the country will, however, first be analyzed in order to gain a clear view of how the issue of plural normativity is dealt with by the government.
