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Muhammad Bahrul Ulum
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Indonesian Journal of Law and Society Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember East Java, Indonesia 68121 Tel: (+62) 331 335462, 322808 Fax: (+62) 330 482, 322809
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Kab. jember,
Jawa timur
INDONESIA
Indonesian Journal of Law and Society
Published by Universitas Jember
ISSN : 27224074     EISSN : 27224074     DOI : https://doi.org/10.19184/ijls.v1i2.18091
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Law and Society is an international peer-reviewed journal published by the Faculty of Law, University of Jember, Indonesia. The publication contains a rich store of legal literature analyzing legal development. This platform continues to advance the boundaries of global and local developments in law, policy, and legal practice by publishing cogent and timely articles, commentaries, and book reviews on a biannual basis. The journal covers both domestic and international legal developments. This platform provides a venue for distinguished scholars and new academics around the world to share their academic works. The publication is primarily dedicated to encouraging scholarly attention and advancing the intimate knowledge of recent discourses on law and society. This journal recognizes that the boundaries in the study of law have become increasingly porous. So too, there is a relevant relationship between law and society. The publication in this journal reflects and values this intellectual cross-fertilization.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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COVID-19 Pandemic and Simultaneous Regional Head Elections in Indonesia Aniqotun Nafiah; Nur Azizah Hidayat
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.24661

Abstract

The COVID-19 pandemic hurts almost all sectors, particularly the government, like the simultaneous Regional Head Election. The Indonesian government, along with the General Election Commission and the Indonesian House of Representatives through the Government Regulation in Lieu of Law No. 2 of 2020, agreed to postpone it until December 2020 to reduce the spread of COVID-19. To date, the pandemic has not ended yet, considered that the delay might be ineffective. Another issue was the emergence of other simultaneous elections in 2024, in which several steps have begun to be implemented this year. This study aimed to discuss the issue of the simultaneous regional head elections during the pandemic. It raised two issues. First, while the elections were still held to avoid vacancies, their implementation must be adjusted to the COVID-19 pandemic. Second, while the elections were postponed until the pandemic ends, the Acting Officer, as another alternative, should be given full authority to the Acting Officer so that the government could be administered optimally. The study combined doctrinal and empirical legal research. The primary data sources were the laws and regulations relating to the Regional Head Elections in Indonesia and interviews from the Election Supervisory Committee in Surabaya, Indonesia. This study showed that the simultaneous elections during the COVID-19 pandemic could still avoid vacancies, and its implementation was adjusted to the pandemic situation. Therefore, it implemented strict health protocols despite the more detailed and comprehensive-time simulations to adjust the overall implementation of the upcoming election stages. Also, the internet infrastructure was prevalent to support the elections. Finally, the government established the guidelines for Regional Head Election based on the COVID-19 health protocol. KEYWORDS: COVID-19 Pandemic, Regional Head Election, Regional Head Authority.
Corporate Social Responsibility and MNCs: An Appraisal from Investment Treaty Law Perspective Shamila Dawood
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.24262

Abstract

Recent investment treaties recognize corporate social responsibility (CSR) as a mechanism for regulating corporate behavior concerning the protection and promotion of human rights, social and environmental standards. These treaties often include a universally recognized soft law version of CSR developed by the International Labor Organization (ILO) and the Organization for Economic Co-operation and Development (OECD), considered prominent sources of CSR voluntary standards. This study analyzed significant advances in including such voluntary standards in investment treaty law, which led to implementing globally agreed norms regarding sustainable development into action. In addition to the inclusion of CSR standards in legally binding documents, this study argued that the practical issues involved in implementing the CSR standards should be addressed from the perspective of capital-dependent developing countries. To this end, this study adopted the due diligence test to apply CSR standards in cross-border investments better. For this purpose, theoretical analysis that combined descriptive and analytical approaches based on the available primary and secondary sources best suited current research. The study showed that applying CSR standards in capital-dependent developing countries was only possible when corporate, home state, and the host government took appropriate actions at the policy level. It concluded that such additional measures were needed to effectively implement CSR standards emphasizing prevention was better than cure and ensuring the appropriate due diligence process by the relevant parties. KEYWORDS: Corporate Social Responsibility, Investment Laws, Developing Countries.
Philosophy of Law: A Very Short Introduction by Raymond Wacks Yudi Yasmin Wijaya; Ananda Aminulloh
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.24627

Abstract

The article is a book review that supposedly does not need an abstract
Adat Law and Legal Pluralism in Indonesia: Toward A New Perspective? Nilna Aliyan Hamida
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.26752

Abstract

Adat law is part of Indonesia's legal system with unwritten characteristics. To some extent, it embeds with religious values. As a country with pluralist societies, adat law plays an important role in Indonesia that increasingly adds the critical discourse of legal pluralism since it originates from indigenous values based on habits to execute from the older generation. This study aimed to analyze the contextual development of adat law in Indonesia through a historical perspective and its applicability to its emerging positivization in the form of state law. It emphasized the recent development of transforming adat law into state regulation through by-laws with the following prospects and challenges. This study used socio-legal method research, a cross-disciplinary approach in nature through the form of analysis to the normative and contextual issues of adat law. This paper concluded that constituting the state regulation contains the boundaries to implement adat law as the right of adat community, adat court, and the adoption of the adat values. The positivization has developed by adopting adat law to by-laws at the regional level of governments. By-law is assumed to have law enforcement that binds the community because it comes from the habits of the community. Therefore, it indicates a new paradigm in recognizing and protecting adat law, not through by-laws, in which both adat and state laws are different and could not be a unity law. KEYWORDS: Adat Law, State Law, Legal Pluralism, Indonesian Law.
Rights to Access of Public Facilities in Health Services for People with Disabilities Muhammad Dahlan; Prischa Listiningrum; Dio Priagung Wicaksana
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.29226

Abstract

In Indonesia, the rights of people with disabilities (PwD) have not been fully fulfilled despite vigorous attempts to accommodate human rights for decades. Indeed, the Government has a commitment to fulfill the PwD rights in PwD Law 4/1997 and ratified the Convention on the Rights of Persons with Disabilities. In practice, the Government could not fully fulfill the PwD rights by providing facilities in the health sector. In this context, the Regency of Tulungagung has not set any regulations governing the fulfillment of the PwD rights. This study aimed to assess the PwD rights to access public facilities in health sectors in the Regency of Tulungagung, following factors that impeded the fulfillment of these rights. In doing so, the empirical method and socio-legal analysis probed a gap between law in book and context, elucidated in three main findings. First, the PwD rights in the Regency of Tulungagung to public facilities in health service sectors have not been fully fulfilled since public facilities are not PwD-friendly. Second, most health cares in this region have no staff capable of communicating and handling PwD. Third, the absence of the regulations governing the PwD rights becomes another factor leading to discrimination, coupled with the paucity of knowledge of how to interact with the PwD properly. Human resources and economic issues served as problems in this case. Most PwD in Tulungagung Regency lived in poor economic conditions due to a lack of available jobs that could be accessed. Therefore, the local government should take a more specific measure to fulfill public health access for PwD by allocating more budget, training the health care personnel, and enacting local regulations. KEYWORDS: Human Rights, People with Disabilities, Public Facilities, Health Services.
Legal Transplant to Decolonization in the Evolution of India’s Corporate Legislation Shivansh Singh
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.27625

Abstract

In India, most existing legislation resulted from a "legal transplant" that gradually occurred in colonial times. India is a common law country that follows the colonial pattern of law-making. Most of the legislation owes the British East India Company, including regulation of modern business corporations. This paper aimed to examine the history and formation of corporate legislation in India and its deviation from the legislation of the origin country, England. It pointed out the relevance of local conditions in India that led to a different approach to forming corporate law in India. The local conditions in India prevailed over the process of legal transplant. The social, economic, and political factors played a significant role in forming corporate law in India. To such an extent, India deviated from the English company laws and followed the trajectory of different jurisdictions. Using normative legal research, this paper is structured chronologically and progressively to trace the evolution of Indian corporate law. The central premise of the study is that India has strayed from colonial law and current legislation, and its development shows no evidence of strong dependence on English law and little evidence of following in the footsteps of India's colonial past. The economic liberalization and the SEBI Act 1992 simultaneously led to a new approach in corporate law, heavily under the US. The present Indian corporate law and the statutes revolving around it have departed from the transplanted law. KEYWORDS: Legal Transplant, Corporate Legislation, Company Law.
Harmonizing International Commercial Arbitration: A Special Focus on Time Limit to Setting Aside an Award Ahan Mohit Gadkari
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.28258

Abstract

Harmonizing international commercial arbitration with domestic courts is paramount in international commercial law. In this aspect, the time limit decided for setting aside an award is an essential aspect of the entire process of harmonization. By using in-depth analysis, this paper aimed to analyze the judicial practice of the period to set aside an award across common law jurisdictions. This paper contended that domestic courts lack the authority to extend the period for applying to vacate an award and some recurrent fact patterns that arise when parties attempt to argue for such discretion and how courts in other countries have addressed comparable instances. It delved into the harmonization of international commercial arbitration by considering the authority of domestic courts to extend the period for applying to vacate the award given that a significant reason for the success of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) is the cross-jurisdictional consistency of standards that can result from the Model Law's uniform application, particularly concerning those provisions considered mandatory. While leaving aside common law jurisdictions that have not adopted the Model Law, one would expect that the Common Law jurisdictions that have adopted the UNCITRAL Model Law must be consistent in their interpretations. Then, a proper international jurisprudence will harmonize international commercial arbitration proceedings globally for the benefit of parties. However, such cross-border uniformity is difficult to establish, as the Model Law discussed in this paper showed. Article 34(3) of the Model Law on the time bar for setting aside an award, not providing domestic courts the authority to extend this time restriction, several unusual cases from Asian Model Law States imply that such authority exists. KEYWORDS: International Commercial Arbitration, UNCITRAL, Model Law.
Promoting the Responsibility to Protect through Non-State Armed Groups: Overcoming the Legal and Regulatory Constraints Uche Nnawulezi; Hilary Nwaechefu
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.28764

Abstract

Promoting responsibility to protect through non-state armed groups will immensely reduce humanitarian crises around the globe. This paper aimed to analyze in detail the notion of responsibility to protect through non-state armed groups and its constitutive elements and set out a legal test that will expand the pre-existing notion of humanitarian intervention. In doing so, the paper advanced several conceptual arguments that focused on the responsibility to protect. The paper analyzed its views in light of contemporary developments on the responsibility to protect. The paper adopted a diagnostic approach based on a review of the literature and an evidence-based analysis of the humanitarian engagement of non-state armed groups. This paper showed the importance of reiterating that if the future of humanitarian intervention must be guaranteed, the need to take cognizance of the significant role of non-state armed groups in conflict mediation or intervention should not be overlooked. It is advanced that the continued neglect of non-state armed groups in conflict mediation or intervention portends a clog in responsibility to protect during armed conflicts. KEYWORDS: Responsibility to Protect, Non-State Actors, Armed Groups.
A Theory of Legal Personhood by Visa A.J. Kurki Mohammad Alvi Pratama; Eva Laila Rizkiyah
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.28220

Abstract

The article is a book review that supposedly does not need an abstract.
Legal Pluralism, Decolonization, and Human Rights in Asia Muhammad Bahrul Ulum; Md. Toriqul Islam
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.31663

Abstract

Upon the publication of the Indonesian Journal of Law and Society Volume 3 Issue 1 (March 2022), the journal has consistently and timely published bi-annual issues within its starting three-year, with its gradual improvement in terms of management and article publication. This journal also has steadily embraced more authorships from different jurisdictions, in spite of its design as an interdisciplinary forum for academicians, researchers, students, and practitioners to share their ideas and findings after a rigorous peer-review process. In this issue, critical topics spanning from legal pluralism and decolonization to human rights are critically examined. While this edition generally discusses contemporary discourses of how law and society are intertwined in the development of the legal system, most articles also highlight how Asia as a region with diverse and distinct legal traditions takes a considerable role, representing more developing countries as a starting point for a comparative analysis of law and society.

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