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... Show moreThis 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. Show less
This study explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and... Show moreThis study explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The study finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would impose inordinate burdens on them, and would be wholly unrealistic in light of the realities of hostilities, is unfounded and in need of revision.The methodology which this study develops for resolving issues of interplay lends itself to broader application than this research project alone, and can guide future research into issues of interplay. Show less
