Real Legal Certainty and its Relevance

Adriaan Bedner is a professor of Law and Society in Indonesia at the Van Vollenhoven Institute (Leiden University). He wrote his PhD about administrative courts in Indonesia under the supervision of Jan Michiel Otto and has continued to collaborate with the latter for almost 20 years on numerous PhD-projects, the INSELA-project on environmental law in Indonesia, the INDIRA-project on land law issues, socio-legal teaching projects in Indonesia and many other things. Barbara Oomen holds a chair in the Sociology of Human Rights at Utrecht University, and teaches at University College Roosevelt in Middelburg. Her PhD research, on traditional authorities in South Africa, was supervised by prof. Otto. Since, she has worked on transitional justice, legal pluralism, human rights in the Netherlands and human rights cities at the University of Amsterdam, Columbia University and the European University Institute in Florence.

• Contents Abbreviations The Relevance of Real Legal Certainty – An Introduction B. Oomen and A. Bedner Getting Real: Considering Legal Certainty from Below 1 Addressing Adverse Formalisation: The Land Question in Outer Island Indonesia J.F. McCarthy, K. Robinson, and A. Dhiaulhaq 2 Can Free, Prior and Informed Consent (FPIC) Create Legal Certainty for Hunter-Gatherers? G.A. Persoon and T. Minter 3 The Constitutional Dimensions of Decentralisation and Local Self-Government in Asia A. Harding 4 Indeterminacy, Uncertainty, and Insecurity K. von Benda-Beckmann Supporting the State: The Relevance of Institution Building 5 The Uncertain Future of Legal Reforms in China’s New Era J. Chen 6 The Role of Local Bureaucrats in the Law-making Process R. Simarmata 7 Law’s Catch-22: Understanding Legal Failure Spatially B. van Rooij 8 Missions Impossible to Try Rwandan Genocide Suspects? N. Huls Other Actors: Widening the Scope 9 Traditional Leadership and Customary Law in Capitalist Liberal Democracies in Africa J.M. Ubink 10 Capacity Development of Civil Society in a Fragile Context: Dutch Donor Interventions in the East of the Democratic Republic of Congo C. Jacobs 11 Inheritance Rights and Gender Justice in Contemporary Indonesia S. Irianto 12 The Role of Sharia in Lawmaking: The Case of Libya S. Ibrahim References List of Contributors