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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

Konsep Dan Bentuk Perlindungan Hak Penguasaan Atas Tanah Masyarakat Hukum Adat Di Indonesia (Studi Kasus Putusan Pengadilan Negeri Balige No. 42/Pdt.Plw/2016/Pn Blg), Ernila Erfa

Indonesian Notary

Tanah Ulayat merupakan tanah yang dikuasai secara bersama oleh warga masyarakat hukum adat, di mana pengaturan pengelolaannya dilakukan oleh pemimpin adat (Kepala Adat) dan pemanfaatannya diperuntukan baik bagi warga masyarakat hukum adat yang bersangkutan maupun orang luar. Untuk dapat menyatakan bahwa suatu hak ulayat di suatu tempat tertentu masih eksis, ada tiga unsur pokok yang harus dipenuhi yaitu unsur masyarakat, unsur wilayah dan unsur hubungan antara masyarakat hukum adat dengan wilayahnya. Terdapat dua permasalahan dalam penelitian ini yakni pembuktian atas pemilikan tanah adat berdasarkan UUPA dan pertimbangan hakim pada Putusan Pengadilan Negeri No. 42/Pdt.Plw/2016/Pn Blg serta konsep dan bentuk perlindungan …

Editorial Foreword Ijsls Volume 2 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

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 …

An Anticolonial Dream Against The Disaffection And Dissonance: Teaching The (Other) International Law In India, Swati S. Parmar

Indonesian Journal of International Law

The States, self-defined as the civilised, clothed in the ‘refined’ urbane bourgeois created a modern cosmopolitan order at a civilizational scale. The remaining world was driven into a cultural subjection and classified by the ‘civilised’ into these fixated identities while their indigeneity and socio-cultural identity were marginalised. Projected itself as the cradle of intellect, Europe consciously crafted imperialism as a cultural reference for the rest of the world. The colonial encounters left imperial imprints on the peoples of these colonies, the consequences of which remain evident in the styles and pedagogies of teaching international law in the geographical South. Historical …

“Publish Or Perish”: The Indian Legal Academicians’ Dilemma Of Prioritizing Research Vs Teaching, Shruti Das, Deepshikha Sharma

Indonesian Journal of International Law

Research and Publication has been one of the key indicators of success for an academician. The term “publish or perish” came up with the connotation to understand the pressure academicians goes through for publication of research papers. In recent years, from Indian academic industry perspective, research has been one of the core criteria for promotion and evaluations. University Grants Commission (UGC), the regulatory body for Higher Education in India has made it mandatory to have a doctorate and some research publications to be eligible as an Associate Professor, though the proposed change in the regulation demands doctorate degree as a …

Researching And Teaching Hong Kong And Asian Private International Law, Wilson Lui

Indonesian Journal of International Law

This article considers how private international law in Asia and Hong Kong is developing and should be developed, through both theoretical and practical aspects as evidenced in both research and teaching. It considers what is entailed when speaking of the concept of an “Asian private international law”, looking at it from the lens of researching and teaching Asian law with Asia “as a method” – calling for Asian law to be recognised as an equal to its Western counterpart and to be developed through a comparative analysis among Asian jurisdictions themselves and the pluralistic traditions they employ. It also discusses …

Cedaw Convention And Engendering Faculty Of Law's Curriculum Reinforcement: A Lesson Learnt From Indonesia, Iva Kasuma, Sulistyowati Irianto

Indonesian Journal of International Law

This research aims to describe the strategies used to eliminate discrimination against women through academic-based programs conducted in universities. This includes the International Law, a powerful reference for teaching material in legal education used to promote humanity. Presently, globalization of law is marked in the International Law-making process by delegates from various countries, which spreads to State parties through ratification with a significant impact on legal reform. A number of senior female professors have initiated the socialization and implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention). This was conducted through the ratification …

Simulated Problem-Based Learning: Teaching International Law In Exciting Way, Nik Nor Suhaida Ali

Indonesian Journal of International Law

This research aimed to discuss the methods for teaching International Law to non-law students. The subject was offered to second and third-year students of the International Affairs Management program at the School of International Studies, Universiti Utara Malaysia. Since the subject required higher-order thinking skills, it was introduced with Simulated Problem-Based Learning (SPBL), which combines role-playing simulation and problem-based learning (PBL). In western universities, simulations, PBL, and role-playing were popular methods in teaching International Law and International Relations. The methods were shown to improve learning skills but were rarely used in teaching International Law in International Relations programs in Malaysia. …

Teaching International Human Rights Law In Vietnam: How To Make This Subject Attractive To University Students, Nguyen Thi Ha

Indonesian Journal of International Law

Human Rights is one of the achievements of the historical development of mankind, characteristic of civilized society, and also one of the basic and important legal values of humanity.

In the context of international integration of education in general and higher education in particular, the teaching of human rights, first of all, international human rights law is important for undergraduate students, especially in helping them to identify and understand the responsibility to make human rights become a reality in society. Human rights teaching aims to help learners orient and understand noble human values, common voices, common goals, and common means …

Teaching Public International Law In Central Asia: Major Challenges, Problematic Issues, Coping Strategies And Useful Methods, Rustam Bakhtiyarovich Atadjanov

Indonesian Journal of International Law

Many of the challenges pertaining to the unique nature of international law that affect its efficient teaching by teachers of public international law to law university and law faculty students are very relevant to the still developing educational systems of the five Central Asian states. The article reviews, with the use of legal analytical and comparative method, those challenges including the ones that flow out of local contextual factors. Furthermore, the existing lack of private universities and availability of resources including library resources in the Central Asian region will be touched upon. The article dwells on local schools and doctrines …

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 …

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, …

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 …

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 …

The States Position Regarding Registration Of Customary Land (Orientasi Negara Dalam Pendaftaran Tanah Adat Di Indonesia), Rikardo Simarmata

The Indonesian Journal of Socio-Legal Studies

Indonesian Agrarian Law syncretically aims to create a national legal unity and respecting customary rights to land at the same time. The second aim is to tolerate the diversity in national land law. In the implementation of customary land registration, these two objectives do not appear to be in sync. In fact, the first objective is very important, which causes the second goal to receive very little attention. This paper sees that the process of customary land registration shows the tensions in achieving these two objectives. The paper will explain how the Indonesian government subordinates the second objective. In fact, …

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 …

Penyelesaian Sengketa Konsumen Akibat Perjanjian Baku Dan Klausula Baku Pasca Keberlakuan Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan, A. Dwi Rachmanto

Jurnal Hukum & Pembangunan

After the enactment of Act Number 11 of 2011 concerning the Financial Services Authority (UUOJK), there are 2 (two) of law that regulate the settlement of disputes between business actors and consumers. First, Act Number 8 of 1999 concerning Consumer Protection (UUPK), and the second Act Number 11 of 2011 concerning the Financial Services Authority (UUOJK). This paper will discuss and analyze the resolution of disputes between business actors and consumers after the enactment of Act Number 11 of 2011 concerning the Financial Services Authority by using jurudical normative/dogmatic approach. In the end of the article a number of conclusions …

Peran Perguruan Tinggi Dalam Menumbuhkan Budaya Anti Korupsi Di Indonesia, Putra Perdana Ahmad Saifulloh

Jurnal Hukum & Pembangunan

Post – reform, anti – corruption agenda into a central theme of law enforcement in Indonesia. Corruption is crime that has personality and characteristic as an extraordinary crime. To eradicate corruption, Parliament and Government have made regulation of legislation and formed corruption eradication institution. The institution that is still trusted by public for doing corruption eradication is Corruption Eradication Commission (KPK). KPK formed because the corruption eradication is done by police and prosecutor have not optimal. The effort which has been done by KPK, Prosecutor and Police is action effort that requires a big budget. Corruption eradication will never succeed …

Corruption As A Violation Of The Right To Education In Indonesia: A Constructivist Approach, Ratna Juwita

Jurnal Hukum & Pembangunan

This paper analyzes the relationship between corruption and realization of human rights in a specific case, the realization of the right to education by utilizing human rights standards concerning the right to education as the parameter of human rights realization. An Indonesian case law about corruption of Bantuan Operasional Sekolah funds in Malang is selected as primary legal data in this paper to provide empirical evidence one of the cases of corruption in education sector. Norm entrepreneurship as part of contructivist theory is selected to explain the phenomenon of emerging scholarly studies and discussion about corruption as a violation of …

Strategi Komunikasi Dalam Advokasi Hasil Penelitian (Studi: Mahasiswa Klinik Hukum Anti Korupsi Fakultas Hukum Unpad Tahun 2014), Nur Atnan

Jurnal Hukum & Pembangunan

Contribution of Anti Corruption Legal Clinic of Faculty of Law Unpad is making change through research report‟s advocacy. Advocacy aimed to give more advamtage and meaning to the research conducted by the students. However by the observation of the writer, research report‟s advocacy in 2014 has not give significant support to the expexted changes. Writer interested to take research in this activity to analyse communication strategy in research report‟s advocacy. Research conducted by qualitative method through interview and researcher involved in every students‟ activity. Research shows that the main components in communication strategy in advocacy are communication planning, actuating and …