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Yosia Ardianto Setyawan
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INDONESIA
The Indonesian Journal of Socio-Legal Studies
Published by Universitas Indonesia
ISSN : -     EISSN : 28082591     DOI : -
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
The objectives of The IJSLS are: to become a center of knowledge production and dissemination for socio-legal studies in Indonesia; to promote interdisciplinary studies of law; and to advance international cooperation and knowledge sharing in the field of socio-legal studies of Indonesia. The IJSLS focuses on, but not limited to, the following disciplines: Legal anthropology; Sociology of Law; Law and Politics; Law and Economics; Law and Psychology; Gender and Law; Health, Law and Society; Law, Social Change and Technology.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Editorial Foreword IJSLS Volume 1 Number 2 Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Protection of Online Gender-Based Violence Victims: A Feminist Legal Analysis Violin, Gisela; Nafi, Yvonne Kezia
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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 in Indonesian society. The correlation between the strong patriarchal culture; and the lack of understanding by the community and law enforcement officers on the concept of consent always corners women as victims of GBVO and applies it to the secondary victimization process. The research was conducted using a feminist legal method that focuses on the experience of women as victims to encourage the formulation of a legal umbrella and legal system with a more victim perspective.
Living in a Legal Limbo: Mechanisms to “Fix” The Legal and Social Positions of Unregistered Children in Indonesia Horii, Hoko; Wirastri, Theresia Dyah
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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 argue that the state facilitates all types of unregistered marriages, which results in blurring legal parameters of marriage. This leads unregistered children to be living in a legal limbo: their legal status and attached rights remain unclear, not being fully ensured of their rights to public services, inheritance, and child maintenance.
Customary Law or State Law: The Settlement of Marine Resource Disputes in The Kei Islands Community Ratuanak, Andreas M.D.; Irianto, Sulistyowati; Lestrarini, Ratih
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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 marine resource disputes and deemed to provide a sense of justice. Customary settlements are not only aimed at punishing the perpetrators, but also to restore the impact of the dispute on individual victims, their families and their social environment. This study also discovered that the customary settlements carried out in the Kei Islands have developed from the dated dichotomy and tend to produce hybrid settlement models.
Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia Kouwagam, Santy
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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 together activists and researchers in a joint enterprise and tackling the issue as a collective societal project. In turn, socio-legal scholars need to keep including in-depth analysis of case law as one of the foundations of their work in law and society development.
Covid-19 Prevention and Management Policies and Societal Experiences with their Implementation (Kebijakan Pencegahan dan Penanganan Covid-19 dan Implementasinya dalam Pengalaman Masyarakat) Irianto, Sulistyowati; Nafi, Yvonne Kezia; Prasanthi, Antarin; Cholidah, Ghanies Amany
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract The COVID-19 pandemic outbreak has reinforced the need for scientists to collaborate more and more in an interdisciplinary manner, in order to obtain the most comprehensive and appropriate solutions. Covid-19 is indeed the area of medical and health sciences, but this research is carried out comprehensively through the interdisciplinary study of law. The research found that the main problem is in the inconsistent policies and its implementation in preventing and handling the pandemic. The informants, including doctors, show their perspective from their experiences on how the pandemic is a way to deconstruct the whole health problems in Indonesia. Keyword: pandemic Covid-19, law, policy, interdisciplinary study of law, digital survey, digital interview
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) Rositawati, Dian
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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 the application of interdisciplinary legal research methods as a consequence of the dynamics between the two perspectives in the judicial organization. The discussion of the methodology will also cover the technical aspects of the application of research methods, so it is expected to fulfill a practical function in assisting legal researchers in applying interdisciplinary legal research.
Editorial Foreword IJSLS Volume 2 Number 1 Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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The Digitization of Notarial Tasks - A Comparative Overview and Outlook of ‘Cyber Notary’ In Indonesia and Germany
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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 implementation of cyber notary systems in Indonesia is still in a very early stage and not yet fully regulated. Consequently, it needs more discussion for the consistent integration of digital instruments for notarial work into the legal system of Indonesia. The article provides a comprehensive overview of the situation of the digitalization of notarial tasks in Indonesia. It presents some new developments in Germany that are relevant for cyber notaries and may be interesting for the development of digitalization of notarial work processes in Indonesia. Finally, the article will discuss some aspects of the ongoing digitalization that may affect the profession of notaries in the future. As in all legal professions, we are facing future disruptive developments through digitalization, namely with artificial intelligence, blockchain technology, or cloud computing. The article aims to show that AI and blockchain technology will not replace civil law notaries in the near and middle term but will be integrated into the daily work of notaries as supporting instruments.
Sanak Value in Women’s Land Inheritance Rights: Case Study on Women Inheritance Land Rights in Karangpakuan, Sumedang, West Java
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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 family and the role someone plays in the family. Using a qualitative-ethnographic research method, this article discusses the relationship between bilateral kinship values and customary inheritance practices in Karangpakuan Village. In addition, this article touches upon the issue of how parents reproduce bilateral kinship norms within a Muslim context.

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