Externally funded projects
Overview
- Projects in progress
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Funding Name Category Period KNAW Working title: “De Juridische Samenwerking tussen Nederland en Indonesië” Indonesian Dutch Studies on Decentralisation of the Indonesian Publication 2000-2006 KNAW, FF, AF, NWO, TF Rechtsstaat (Negara Hukum, rule of Law) and its impact on Agraria (INDIRA) Research 2003-2008 KNAW, NWO Stakeholders interests and potential for sustainable coastal management through rights regulation practices in the context of decentralization in the Mahakan Delta, East Kalimantan Research 2007-2010 OCW China environmental Law and Administration (CHIELA) Research 2002-2006 NWO, SARO The mystery of Legal Failure? A critical, comparative examination of the potential of legalization of land assets in developing countries for achieving real legal certainty Research 2004-2007 NWO/Mozaïek Realising Rights, Indonesia’s and Malaysia’s National Human Rights Institutions Research 2005-2009 BuZa Expertise Centre Rule of Law and Development (KREO) Teaching / Research / Advice 2005-2008
- Completed projects
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List of abbreviations:Funding Name Category Period KNAW, FF, AF Indonesian Netherlands Study of environmental Law and Administration (INSELA) Research 1998-2003 OCW Leiden-Beijing Legal Transformation (LBLTP) Research / Teaching 1996-2002 VROM Capacity Building for Environmental Law Enforcement (CABEL) Teaching 2002 NWO Land Law and Management in China (CHILL) Research 2001-2005 BuZa Legal Co-operation between Mali and the Netherlands Research / Teaching 2002 WRR Good Governance and Legal Certainty as Goals of Development Research / Advice 2000-2001 WRR National law and Sharia, twelve Muslim countries between tradition, politics and rule of law. Research / Advice 2003-2005
KNAW Royal Netherlands Academy of Sciences
FF Ford Foundation
AF Adatrecht Foundation
NWO Netherlands Organisation for Scientific Research
TF Treub Foundation
SARO Action Program for encouragement of legal research
OCW Netherlands Ministry of education, culture and Sciences
VROM Netherlands Ministry of Housing, spatial planning
and Environment
BuZa Netherlands Ministry of Foreign Affairs
WRR Scientific Council for Government
- Individual Research Projects
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Julia Arnscheidt
Competing Discourses on Policy, Law and Action in the field of Nature Conservation in Indonesia
Julia’s research centres on discourses that have dominated policies and laws in the field of nature conservation from pre-colonial times to the year 2005 and on processes of law- and policymaking and implementation of Indonesian National Park policies during the New Order and post-1998 Reformasi. Since the study uses a discourse-analytic perspective, the focus is on how various actors discuss policy, law and action, and on what kinds of arguments they use and how they use them for strategic purposes. This is combined with a focus on practices to determine whether discourses have internalised or not. Many actors became more outspoken after the fall of Suharto in 1998 and discovered nature conservation as a political arena to advance their views on democracy. Ironically, real concern for nature conservation has always been limited. The project is supervised by Adriaan Bedner and Jan Michiel Otto.
Rili Djohani
Collaborative management in Komodo National Park
Rili’s PhD-thesis centres on the design and implementation of a collaborative management approach in Komodo National Park. It aims to develop a site-specific legal and institutional framework for an emerging type of governance - collaborative management between the State and private partners – in Indonesia’s protected areas. The research inquiries: (1) whether collaborative management is a viable approach to transform paper parks into effective parks, and - if so (2) what conditions affect the successful implementation of collaborative management in Komodo National Park? Apart from field research on collaborative management initiatives in Indonesia the research consists of a comparative study of Komodo and Galapagos national parks. The project is supervised by Adriaan Bedner and Jan Michiel Otto.
Ken Setiawan
Realising Rights: Indonesia and Malaysia’s National Human rights Institutions
This socio-legal research project focuses on Indonesia and Malaysia National Human Rights Institutions (NHRIs). It aims to assess to assess the extent to which NHRIs are capable of mediating human rights discourses (and thus improve human rights protection) and the factors explain their performance. How do they translate the international discourse in national accounts and to what extent do they influence their target groups through this translation? How do they deal with competing ideologies or alternative ‘repertoires of justification’? And what is their influence at the local level? The project is supervised by Adriaan Bedner and Jan Michiel Otto.
Surya Tjandra
Labour Law and Developments in Indonesia
Surya’s research critically analyses the evolution of the economy of labour law in Indonesia. The role of various interest groups, consisting not only of labour unions and workers, but politicians, businessmen and global players as well, is examined. Global trends of deregulation and flexibilisation have undermined the functioning of traditional collective-interest representation of workers and challenged the very meaning of labour law. This research aims to find an answer on the question whether there is still a need of affirmative action with regard to labour law in Indonesia. The project is supervised by Adriaan Bedner and Jan Michiel Otto.
Patricia Tjiook Liem
The legal Position of the Chinese in the Netherlands-Indies 1848-1942
Patricia’s PhD-research focuses on the legal position of the Chinese in the Netherlands East Indies. In 1855 Chinese and other Foreign Orientals in the Dutch East-Indies were subjected to the greater part of Dutch civil law. Between 1855 and 1917 the Netherlands-Indies government slowly extended this partial subjection to an entire application of Dutch civil law for the Chinese. In 1917 the last phase - the subjection to Dutch family- and succession-law - was completed. This initiative of the Dutch government was contrary to legal pluralism as anchored in the Government Regulation of 1854. The project is supervised by Adriaan Bedner and Jan Michiel Otto.
Li Ling
Unsustainable Institutionalization: An Investigation of the Influence of Guanxi on the Chinese Judicial system
Li Ling’s research concerns a study of both professional and personal interactions among judges, lawyers and litigants. She intends to find out what impact personal networking practices have upon the litigation process in terms of equality and impartiality. More specific, the research is concerned with favour-exchange (guanxi) practices during the adjudication processes in Chinese courts and its impact upon the principles of impartiality and equality. The research tries to answer why and how favour-exchange practice - as a universal social phenomenon - is particularly so penetrating and pervasive in China. The project is supervised by Benjamin van Rooij and Jan Michiel Otto.
Maria Jose Lopes
Lawmaking in Angola: The Land Act of 2004
Maria’s research analyses the Land Act of Angola and its drafting process based on various theories regarding legal drafting. Its aim is to identify the main actors in the drafting process, their motives, the internal and external factors that influenced their acts, and the extent to which they took into account factual, legal and other considerations. Special attention is attended to the relation between the legislative process and the implementability of the Land Act. The project is supervised by Prof. Armando Marques Guedes, Adriaan Bedner and Jan Michiel Otto.
Cheng Xiang
Environmental Dispute Resolution in Southeast China
This research is more focused on how environmental disputes are settled in comparative rich area of China, where the legal condition and situation of legal awareness are comparatively better. It is also noted that the enforcement gap between environmental legislation and compliance is still a matter of fact. Therefore, to establish a more integrated environmental dispute resolution mechanism, the interaction between citizens, industries, courts, Environmental Protection Bureaus (EPB) and other administrative and legislative agencies is indispensable. This research focuses on how this interaction can be constructed, and what kind of role does each party and dispute resolution method (litigation, mediation, etc.) play. And, of course, the environmental dispute resolution in China at large is also considered in the research. As for methodology, both qualitative and quantitative methods are used to analyze the environmental cases and each party's attitude towards dispute resolution. The research includes an approximate 18-month field work in Xiamen, China. The project is supervised by Benjamin van Rooij and Jan Michiel Otto.
Stijn van Huis
Rising Crescent, Shifting Customs and Balancing Courts: Towards A New Equilibrium Between Islam, Adat and the Rule of Law in Indonesia?
Stijn’s research aims to explore the role of the legitimising discourses in the administration of justice by Islamic courts in two Indonesian peri-urban districts, one in West Java (Cianjur) and one in South Sulawesi (Bulukumba). Both districts have adopted legislation introducing elements of sharî’ah. The research will focus on cases concerning women's rights in inheritance and divorce, at pre-trial, trial and post-trial stages. It is these rights that are most contested and hence potentially provide the sharpest focus on normative tensions. The research aims to map the debate taking place within communities and courts concerning values, norms and ideas associated with adat and Islam. At the same time, it will look at state policy pertaining to this matter, which manifests itself through legislation and administration of justice. It thus aims at acquiring insight into the current process of redefining local identities, with special attention for the role of the Islamic courts in this process. The project is supervised by Adriaan Bedner and Jan Michiel Otto.
