Law Commons^™

In Pursuit Of Water Justice In Jakarta, Widya Naseva Tuslian, Patricia Rinwigati, Stanislaus Sandyawan

The Indonesian Journal of Socio-Legal Studies

Despite becoming a rapidly growing megacity, in some of Jakarta’s areas, particularly in the underprivileged areas, a significant portion of its citizens still lack access to adequate domestic water. For years, water privatization has been considered a major barrier to solving the issue. Jakarta’s citizens have mobilized themselves to publicly reclaim Jakarta’s water governance. One of the significant actions was filing a citizen lawsuit against the relevant state authorities, which eventually was ruled in favor of the state authorities due to procedural reasons. Using the ROLAX framework developed by Bedner and Vel, this paper tries to understand to what extent …

Transformasi Dan Marginalisasi Masyarakat Adat: Suku Ata Modo Di Tengah Hegemoni Pengembangan Pariwisata Taman Nasional Komodo (Transformation And Marginalization Of Indigenous Communities: The Ata Modo Tribe's Experience Amidst The Hegemony Of Komodo National Park Tourism Development), Arif Putra Pratama, Avicenna Elang Chandra, Noor Risa Isnanto, An Nuur Khairune Nisa

The Indonesian Journal of Socio-Legal Studies

The massive development of tourism in Komodo National Park (KNP) has had a signi;icant impact on the local community there, in this case the Ata Modo Tribe. This tribe is a local tribe that has remained silent for a long time and was formed on Komodo Island long before the Komodo National Park was established. They have also lived side by side with the endangered Komodo dragon for decades and tried to maintain their culture and customs amidst the existence of KNP tourism development. This research tries to answer what cultural potential is still maintained by the Ata Modo Tribe, …

Perbandingan Pengaturan Kuota Pemilihan Perempuan Dan Kondisi Keterwakilan Perempuan Di Parlemen: Studi Kasus Indonesia, Timor-Leste, Dan Finlandia (A Comparison Study Of The Quotas And Conditions For Women's Representation In Parliament In Indonesia, Timor-Leste, And Finland), Ramadhanya Elwinne Huzaima Sibarani

The Indonesian Journal of Socio-Legal Studies

Women’s representation in parliament is an important aspect of improving gender equality in a country. As of the 2019 parliamentary elections, women’s representation in the Parliament of the Republic of Indonesia (DPR RI) has only reached 21.4%. This figure is far below Timor-Leste and Finland, which respectively have 40% and 47% women’s representation. To increase the number of women’s representation in parliament, there is a concept called women's electoral quota. This study attempts to compare how women’s electoral quotas are regulated in Indonesia, Timor-Leste, and Finland. In addition, this study also reviews the condition of women’s representation in the parliaments …

Right To Be Forgotten As A Legal Protection For The Victims Of Electronic Sexual Violence Cases, Putri Zaltina, Lidwina Inge Nurtjahyo

The Indonesian Journal of Socio-Legal Studies

The 2020 National Commission on Violence Against Women's Annual Records identified the rise of a new type of violence against gender in Indonesia, specifically electronic-based sexual violence (Kekerasan Seksual Berbasis Elektronik/KSBE) which is part of gender-based violence in the digital spaces or Online Gender-Based Violence (OGBV). In 2020, KSBE cases increased 300% compared to the previous year. So far, the arrangements for tackling KSBE perpetrators in Indonesia have been inadequate. Existing laws do not contain procedures that are sensitive to victims and lack a human rights and gender perspective. Currently, Indonesia has adopted a new regulation related to handling sexual …

Rule-In-Use For Community-Based Springs Management Faces Land Use Pressures: Lesson Learned From Manggarai District, Bernadinus Steni, Hariadi Kartodihardjo, Soeryo Adiwibowo, Ruchyat Deni Djakapermana

The Indonesian Journal of Socio-Legal Studies

The struggle for water is one of the greatest immediate risks of the climate crisis. Therefore, the institutional challenge of water management is increasingly urgent and requires a number of consensuses to succeed, including community-based natural resource management (CBNRM). A key challenge to the traditional consensus for water conservation is the increasing need for land conversion due to population growth, which in turn deflects decision-making power away from traditional institutions towards external decision-makers such as regional governments. Using Ostrom's conceptual framework of rules of use, this research examines shifting spring water management in the context of Kabupaten Manggarai. The paper …

Panglima Laot And Contributions In Upholding Customary Law In Aceh's Maritime Regions (Panglima Laot Dan Kontribusinya Dalam Penegakan Hukum Adat Di Perairan Aceh), Heru Susetyo, Satrio Febriyanto, Shaubi Laidinar, Wahyumi Ilahidayah, Muhammad Febriansyah, Nadila Mahilaveda

The Indonesian Journal of Socio-Legal Studies

Panglima Laot has been felt in Aceh since the era of Sultan Iskandar Muda and is still known today. Panglima Laot is not part of the Aceh government but is recognized as Aceh's cultural heritage. Later, Panglima Laot was also regulated in the Aceh Qanun as the living law in Aceh. Culturally, it can be said that the Marine Commander is the leader of the fishermen in Aceh, whose job is to coordinate the fishermen, maintain maritime security according to their respective territories, and conserve Aceh's marine environment. This article examines the existence of Panglima Laot in Aceh in this …

Editorial Foreword Ijsls Volume 3 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

The debate surrounding the compulsory inclusion of customary law as a teaching subject in nearly all Indonesian law faculties has garnered considerable attention in socio-legal studies

Contested Actors Around The Initiation Of A Non-Judicial Settlement Mechanism For Past Gross Human Rights Violations: A Socio-Legal Study Of The Ppham Team, Abdul Munif

The Indonesian Journal of Socio-Legal Studies

The PPHAM Team (Non-Judicial Resolution of Past Gross Human Rights Violations) was initiated by the Jokowi-Ma'ruf administration as an alternative settlement mechanism for Past Gross Violations of Human Rights through the issuance of Presidential Decree Number 17/2022 (Keppres 17/2022). From this context, the establishment of the policy was criticized and rejected by civil society organizations (CSOs) and the Victims. This was because the PPHAM Team was deemed a measure of State responsibility “hand-washing” and an indication of impunity preservation. Therefore, this study aimed to evaluate the contestation of actor interests among the State, Victims, CSOs, and others, by emphasizing the …

Awareness Of Copyright Infringement Among Undergraduates Of The State Universities In Sri Lanka, Iqbal Saujan Mr.

The Indonesian Journal of Socio-Legal Studies

Abstract

Copyright infringement is known as the use of copyrighted works without the permission of the creators, copyright holders or authors. It is a form of dishonesty and a violation of the authors' economic and exclusive rights. In general, copyright infringement activities have taken place in various ways such as theft, piracy, reuse and plagiarism among students pursuing degree programmes in higher education institutions in Sri Lanka. In this backdrop, this study aims to examine awareness of copyright infringement among students pursuing undergraduate degree programmes at state universities in Sri Lanka. The primary and secondary data have been used in …

Various Insights Highlighting The Significance Of Empirical Studies In Customary Legal Research (Beberapa Catatan Tentang Pentingnya Penelitian Hukum Adat Empiris), Sartika Intaning Pradhani

The Indonesian Journal of Socio-Legal Studies

Mainstream Customary (Adat) Law does not pay much attention to empirical legal research; therefore, it is adat-positive legal science. In fact, adat law lives in a continuously changing community; thus, isolating its study from social research has made adat legal science has lost the opportunity to find perpetual adat legal development. This paper explains the significance of social research for adat legal science. Empirical data have numerous functions, such as legal materials to draft Academic papers on laws and regulations related to the Adat Law Community, judges’ consideration in settling disputes, especially agrarian conflict, and supporting the …

Editorial Foreword Ijsls Volume 2 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

Sanak Value In Women’S Land Inheritance Rights: Case Study On Women Inheritance Land Rights In Karangpakuan, Sumedang, West Java, Patricia Beata Kurnia

The Indonesian Journal of Socio-Legal Studies

Karangpakuan Village is one of the villages in Sumedang, West Java, which territory was broken up into multiple parts by the government, as part of its land was submerged in the framework of the creation of the Jatigede Reservoir. Karangpakuan Village is one of the traditional Sunda Priangan villages, in which traditional customary inheritance norms based on bilateral kinship values are still practiced – despite the Islamic background of the community. These bilateral kinship values influence inheritance practices as these are not based on gender, but divided equally while considering other criteria, such as the number of children in the …

The Indonesia Legal Education: Advancing Law Student’S Understanding To Real Legal Issues, Antarin Prasanthi, Daryono .

The Indonesian Journal of Socio-Legal Studies

Law has been claimed to be insensitive to the real legal issues that led to being unjust and controversial. Those real legal issues most commonly coexisted with the underlying social, cultural, economic, and political issues. In a civil law country, Indonesia, however, the courts often denied those non-legal issues into consideration. Similarly, legislative rules only focus on legal doctrines. They assumed that those non-legal issues were irrelevant to the court's role as the guardian of the rule. This misled understanding is more likely caused by a lack of comprehension of the multifaceted legal problems. One of the causes is the …

The Digitization Of Notarial Tasks - A Comparative Overview And Outlook Of ‘Cyber Notary’ In Indonesia And Germany, Stefan Koos

The Indonesian Journal of Socio-Legal Studies

This article highlights the newer discussion of the term "cyber notary" in the Indonesian legal context and compares the discussion with the discussion on the use of digital instruments for German notaries. The article notes that the concept of cyber notary is being discussed in Germany and other EU-member states as well, where the integration of digital and cyber elements into the notary system is considered as a way to make processes more efficient, accessible, and secure. This includes the use of digital signatures, online notarization, the use of notarial blockchains, or secure digital storage for notarized documents. However, the …

Adat As Strategy For Legal Struggle And Legal Mobilization (Adat Sebagai Strategi Perjuangan Dan Mobilisasi Hukum), Yance Arizona

The Indonesian Journal of Socio-Legal Studies

The word "adat" has several different meanings in Indonesia. Adat can be used to describe informal dispute settlement procedures, a habit that keeps repeating itself, or a norm that develops into a code of behavior. Adat is perceived in this article as a narrative and a strategy employed by oppressed groups to fight against various forms of exclusion, particularly in relation to land grabbing for resource extraction and conservation carried out by the state and private sectors. This article will analyze the evolution and distinctions of Adat-based studies and movements in Indonesia during the colonial and national periods. Using existing …

The Pitfall Of Child Marriage Dispensation: A Study Of Court Judgments In East Java (Dispensasi Perkawinan Anak Yang Menjerumuskan: Studi Putusan Hakim Di Jawa Timur), Iklilah Muzayyanah Dini Fajriyah, Siti Marhamah, Septiani Anggriani

The Indonesian Journal of Socio-Legal Studies

This article conducted study on court decisions on dispensation for marriage that occurred during the COVID-19 pandemic (June 2020 to February 2021) from the children’s rights perspective. The library research method was chosen to dissect 19 marriage dispensation decisions (12 decisions from religious courts and seven decisions from district courts) in Kraksaan and Sumenep districts, East Java. Child married couples were randomly selected with one or both parties under the age of 18. Three important findings in this study are: 1) the perspective of the best interests of the child has not been the main consideration for judges; 2) judges …

An Interdisciplinary Legal Study Of The Organisation Of The Courts: The Methodological Consequences Of The Meeting Between Legal And Management Approaches (Penelitian Hukum Interdisipliner Pada Organisasi Peradilan: Pertemuan Pendekatan Hukum Dan Pendekatan Manajemen Serta Konsekuensi Metodologisnya), Dian Rositawati

The Indonesian Journal of Socio-Legal Studies

This article presents the relationship between legal principles and management principles in the judicial organization and how they affect the judiciary's performance. As an organization, the judiciary is bound by the rule of law principles, especially the principle of judicial independence, as stated in the constitution and laws. However, the courts as an organization are also influenced by management principles, which include viewing public organizations from efficiency, effectiveness, and service quality perspectives. This paper discusses the interaction and tension between these principles in a judicial organization and their methodological consequences. In the discussion about methodology, this paper will elaborate on …

Customary Law Or State Law: The Settlement Of Marine Resource Disputes In The Kei Islands Community, Andreas M.D. Ratuanak, Sulistyowati Irianto, Ratih Lestrarini

The Indonesian Journal of Socio-Legal Studies

The people of the Kei Islands have known cases settlement system since the olden days, namely the Customary judiciary, a forum in the Larvul Ngabal customary law system that holds a high authority, which is obeyed by the community and is often the main choice in resolving disputes. With a field study approach, this study aims to explain how the settlement process of natural resources disputes by a “customary judge” in the Kei Islands is still used as a reference by the community. What are the reasons? This study discovered that customary settlement forums are still used to resolve …

Living In A Legal Limbo: Mechanisms To “Fix” The Legal And Social Positions Of Unregistered Children In Indonesia, Hoko Horii, Theresia Dyah Wirastri

The Indonesian Journal of Socio-Legal Studies

This paper examines the reasons and consequences of a lacking birth-registration in Indonesia, as well as the mechanisms to ‘fix’ it. In order to avoid the legal and social consequences of the lack of registration, creative and ad-hoc solutions are crafted – not only by the individual families who face the problem, but also by their community, including local and state actors who are involved in the mechanisms and paperwork. These mechanisms exist also because of state’s reluctance to enforce regulation related to unregistered marriage and children born into unregistered marriage as these matters are religiously and culturally delicate. We …

Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam

The Indonesian Journal of Socio-Legal Studies

This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing …

Protection Of Online Gender-Based Violence Victims: A Feminist Legal Analysis, Gisela Violin, Yvonne Kezia Nafi

The Indonesian Journal of Socio-Legal Studies

The complexity of the digital era, especially throughout the COVID-19 pandemic, has led to increasing cases of gender-based violence online (GBVO). However, this issue has not yet received attention in the realm of Indonesian law, especially when it comes to protecting the rights of the victims. This paper aims to see how the current legal framework in Indonesia handles GBVO cases and whether it is sufficient to provide protection for victims. This paper also wants to show that the practice of GBVO is often more detrimental to women through the elaboration of several examples of cases that are widely discussed …

Researching The Legal Culture Of The Bureaucracy: An Introduction To Ethnographic Study Of Procedural Criminal Law (Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana), Fachrizal Afandi

The Indonesian Journal of Socio-Legal Studies

This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as …

Editorial Foreword Ijsls Volume 1 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

Global Standards In The Kampung: Sustainability Standards And Their Implications On Indonesian Legal Practice (Standar Global Di Kampung: Sustainability Standards Dan Implikasinya Terhadap Penerapan Hukum Di Indonesia), Bernadinus Steni

The Indonesian Journal of Socio-Legal Studies

Global market standards have become one of the main instruments to bring all parties towards sustainable resource management. In various sectors, standards for production, including agricultural products, appear in the form of certification labels. One of the most discussed standards today is the sustainability standard. Different from other existing standards, the sustainability standard includes items such as human rights, land rights, and deforestation, which conventionally are the domain of public institutions, especially the government. The global market standards are no longer considered as the work of private sectors, instead it is now the result of traditional institution’s roles transformation and …

Another Second Chance: Rehabilitation Of Marital Rape Offender For The Victim’S Recovery, Iva Kasuma, Farisa Azhara, Afida Ilfa, Shofiyah Adila Farhana

The Indonesian Journal of Socio-Legal Studies

Not all victims of marital rape want a divorce, generally victims long to maintain their marriage and for the perpetrators to correct their own behaviors. Victims are also bound to the strong culture that condones sexual relations without consent as long as it is carried out within the framework of a legal marriage. This study aims to demonstrate the importance of rehabilitation for offenders of marital rape by examining various laws and regulations in Indonesia and the obstacles to their implementation. Methodologically, data were obtained from doctrinal studies of Indonesian law and court decisions related to marital rape and empirical …

Editorial Foreword Ijsls Volume 1 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

Legal Education In Indonesia, Adriaan Bedner, Jacqueline Vel

The Indonesian Journal of Socio-Legal Studies

Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension between a legal education preparing students for legal practice and one preparing them for a broad range of generalist positions. However, we argue that legal education in Indonesia is also marred by problems of the legal system itself and by a lack of communication between its constituent parts – the judiciary, the legislative, the bar, public prosecutors, …

Relational Social Theories And Legal Pluralism, Keebet Von Benda-Beckman

The Indonesian Journal of Socio-Legal Studies

Recent sociological, anthropological, and psychological research points at a shared problem: Are humans separate and autonomous entities, or must they be seen through the lens of extended, permeable, fractured notions of personhood? This paper discusses some crucial implications for the study of law and legal pluralism. Legal orders may differ in the degrees to which personhood is taken as embedded. At the same time, notions of personhood may also be more or less bounded, with particular fields within legal orders also espousing different degrees of personal autonomy. That depends on how political preferences shape specific issues at the time legislation …

A Sociolegal Perspective To Legal Research In The Digital Field: A Methodological Proposition (Penelitian Hukum Berperspektif Sosiolegal Pada Ranah Digital: Satu Tawaran Metodologis), Lidwina Inge Nurtjahyo

The Indonesian Journal of Socio-Legal Studies

Technological developments have brought people, capital, goods, ideas, and even laws into mobility. During the Covid-19 pandemic, technology made mobility possible. Adaptation to pandemic situations occurs by changing physical interactions into interactions in the digital space with the help of technology. These changes also bring consequences to changes in the way of society's law. For example, digital transactions no longer require the presence of a customer or online trials. The challenge that arises then is how to find the method to conduct legal research during the pandemic situation. One of the options presents is socio-legal research conducted digitally. The focal …

Legal Education For The Future Of Indonesia: A Critical Assessment, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This paper aims to analyze the extent to which higher education in law is able to prepare graduates to think critically and respond in a reform-minded way to changes in society. Legal developments have always been unable to catch up with the speed of change in society, especially due to political constraints in the law-making process. This paper aims to explain the position of legal education which attempts to bridge the gap between the law-making process, the existing normative legal system, and community development. To what extent are legal education managers open to formulating and implementing the curriculum? Is there …