Law & Justice

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  • (2021) Hasan Basuni, Lena Hanifah
    Thesis
    One of the critical inheritance challenges faced by Muslim women in Indonesia is Kalala. This principle applies where a parent dies without a surviving son, which has a profound impact on women. It reflects the very different treatment of men and women in inheritance affairs and has the potential to bring serious hardship for women. This thesis examines the experiences of Banjar women in encountering this issue, specifically in the context of legal pluralism of Indonesia, where Islamic law, Adat law, and state law coexist and interact with each other. It poses the question of how Muslim women perceive their experience regarding this issue, what are the contributing factors in the formation of women’s legal consciousness about their inheritance rights, and how they navigate between the available legal orders to address their inheritance dilemmas. The thesis adopts an empirical approach in order to capture the complexity of experiences of women regarding their inheritance rights. The analysis is based on a qualitative method with the fieldwork conducted in three districts of South Kalimantan, Indonesia: Banjarmasin, Banjar, and Hulu Sungai Tengah. This socio-legal study offers insights not only into how Muslim women access justice in both the formal and informal justice systems in a practical sense. It also examines their legal consciousness and its transformation in the emergence of inheritance disputes. It argues that women’s choice to access or not to access justice does not appear out of a vacuum. Their legal consciousness, in the context of legal pluralism where patriarchal values persist, helps to structure the process of inheritance distribution. The research has revealed that women’s access to justice is significantly influenced by their legal consciousness, which in turn is shaped by certain factors including historical, religious-cultural context, the notion of kodrat (God’s will, the power of nature, or natural destiny), and the presence of authoritative men in the family. It concludes that, although the informal justice system, in the form of Adat Badamai, provides religious assurance and legitimation for women, more women should be able to access the formal justice system, embodied by the Religious Court, as the forum most suited to deliver justice in the resolution of disputes.

  • (2021) Li, Xun
    Thesis
    The aim of this thesis is to utilise transnational regulatory network (TRN) theory to examine the effectiveness of the regulatory framework promulgated by the International Organisation of Securities Commissions (IOSCO) — to address the activities of transnational hedge funds. Scholarship employing TRN theory has not previously accounted for the distinctive role that IOSCO — a body well-described as a TRN — has played in developing hedge fund regulation to prevent, identify and mitigate systemic risk related to transnational hedge funds. It is a gap that this thesis attempts to fill. This thesis asks whether and in what ways the IOSCO framework contributes to systemic risk mitigation in relation to transnational hedge funds operating at the global level. It does so to help academics and policymakers to better understand and appreciate the value, and overcome the limitations of IOSCO in this respect. Using the case studies of the failure of Long-Term Capital Management at the end of the 20th century and the demise of Bear Stearns’ hedge funds during the global financial crisis, it argues that it is the systemic hazards posed by hedge funds that make them merit extra regulation at both national and transnational levels. Deploying the findings of the TRN theory, it further demonstrates that the IOSCO framework for transnational hedge fund regulation holds not only advantages to be maintained but also shortcomings to be overcome in addressing these systemic hazards. The significance of this study lies in its contribution to advancing comprehension of the global regulatory framework for transnational hedge funds. It makes the advance by introducing a focus on systemic risk mitigation, hitherto lacking, and developing a critical, doctrinal understanding of the relatively understudied rules and standards under IOSCO.