cover
Contact Name
Yosia Ardianto Setyawan
Contact Email
yosiardnt@gmail.com
Phone
+62217270003
Journal Mail Official
ijsls@ui.ac.id
Editorial Address
Fakultas Hukum Gedung D Lantai 4 Ruang D.402 , Jl. Mr. Djokosoetono, Kampus Universitas Indonesia, Depok, Jawa Barat 16424
Location
Kota depok,
Jawa barat
INDONESIA
The Indonesian Journal of Socio-Legal Studies
Published by Universitas Indonesia
ISSN : -     EISSN : 28082591     DOI : -
Core Subject : Education, Social,
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
Adat as Strategy for Legal Struggle and Legal Mobilization (Adat Sebagai Strategi Perjuangan dan Mobilisasi Hukum)
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

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 secondary material from various studies on indigenous studies and movements, this article shows the differences in agendas, strategies and actors that use adat in legal discourse and legal mobilization over time. The connection between local, national, and international contexts will also be covered in this study, along with how rural communities dealing with agrarian issues have turned to adat as a strategy for legal mobilization.
The Indonesia Legal Education: Advancing Law Student’s Understanding to Real Legal Issues
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

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 law graduate who is taught to be more a doctrinal-practiced lawyer than a legal scholar. The curriculum of law school in this regard has not adequately equipped law graduates with those real legal issues. There is a need for compulsory courses relevant to the socio-legal understanding to comprehend those non-legal issues that affect legal and normative order. The socio-legal understandings will take great consideration of rapid social changes and progressive rule in a transitional. This is relevant to the current Ministry of Education and Culture policy in 2020 known as the freedom to learn to open up a law curriculum with real legal issues and expand student comprehension of multidisciplinary perspectives on law. This paper examines the necessity to expand the law school curriculum for enabling the comprehension of the rapid social changes affected by the law and the need for progressive legal education reform in the civil law country Indonesia.
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)
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

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 position girls as adults, standardize biased gender roles, and ignore children's experiences and aspirations; and 3) method of analysis that is not appropriate in measuring the meaning of a child's readiness to enter into marriage; neglect of children's basic rights, including education, reproductive health, and child development, as well as cultural bias makes the Marriage Dispensation Decision in this study a decision that is not in line with the prevailing laws on children’s rights.
Editorial Foreword IJSLS Volume 2 Number 2
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

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 theoretical framework of transitional justice. This was a socio-legal study coupled with a qualitative approach, where data were obtained through interviews and observation of mass media coverage. The results argued that the initiation of the PPHAM Team was only beneficial to the interests of the State and did not completely address the preferences of the Victims on accountability and truth.
Various Insights Highlighting the Significance of Empirical Studies in Customary Legal Research (Beberapa Catatan tentang Pentingnya Penelitian Hukum Adat Empiris)
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

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 Adat Law Community to formulate their rules for the sake of their community and environmental sustainability.
The Narratives of Local Women’s Resilience in Disaster and Climate Change: The Voices of Indonesian Women in the Watershed Areas
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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This study analyzes the narratives of women’s resilience in disaster from the post-colonial feminism approach. Ecological justice and gender issues have been addressed by other studies on Indonesia to amplify the voices of Indonesian women, but few of them focus on women’s narratives. As a culture relying on oral traditions, Indonesian women’s narratives and stories are instrumental in decolonizing the knowledge on ecological justice. Even though feminist perspectives play an instrumental role in addressing ecological justice in Indonesia, studies using post-colonial feminism remain very limited. This study employs post-colonial feminist ethnography and focuses on three watershed areas in Bengkulu, Indonesia: Rindu Hati village representing rural upstream location; Talang Empat village representing rural midstream region, and Tanjung Jaya village representing downstream urban areas. Interviews were conducted with women who are members of peasant groups, agricultural workers, traders, village administrators, and other community members. The narratives show several important trends: (a) Women’s daily live reflects their knowledge about the environment and women’s responses to disaster and climate change indicating local eco-consciousness, resilience, and adaptation to changes. (b) Local power configuration contributes to resilience. There are interconnections of gender relations, disaster resilience, and environmental sustainability. Local power map shows the interconnection between disaster responses, environmental sustainability and gender relations in the community. (c) Upstream population tends to have higher commitment to environmental conservation and disaster resilience compared to the communities in the midstream and downstream locations. Women’s position in the circle of power in watershed management has important influence in their resilience facing disaster and climate change. These narratives inform the interrelations of women’s positions, disaster resilience, and eco-consciousness in creating ecological justice.
Panglima Laot and Contributions in Upholding Customary Law in Aceh's Maritime Regions (Panglima Laot dan Kontribusinya dalam Penegakan Hukum Adat di Perairan Aceh)
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

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 contemporary era. With an emphasis on their role in upholding customary law in Aceh waters. The data was obtained through field research in Aceh and library data studies. The findings from this study are that Panglima Laot in Aceh still exists and plays a significant role in upholding customary law in Aceh waters. Coexist in harmony with national law and other legal systems that live in Aceh.
Awareness of Copyright Infringement Among Undergraduates of The State Universities in Sri Lanka
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

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 the study. The primary data were collected by Self-Administered Questionnaires (SAQ) distributed to 356 of the selected participants. Selected students are continuing their education in 2016/2017, 2017/2018, 2018/2019 and 2019/2020, including general and honours degree programmes. The samples were selected based on Random Sampling Method (RSM). All received questionnaires were analysed in a descriptive way with the help of SPSS (Version-26) and the results were presented by illustrating in the form of tables. According to the results, it was found that 58.1% of participants were not aware that copyright infringement as an academic dishonesty, as well as copyright law (Intellectual Property Act No.36 of 2003) which is enforced by Sri Lankan government in order to protect intellectual properties. 77.4% of the participants proved that copyright infringement is a kind of prohibited act in their own religion (Islam, Buddhism, Christianity and Hinduism). Moreover, the main factors that lead to copyright infringement of study samples were a lack of awareness of copyright law (38%), the high cost of textbooks (64.6%), and the fear of having low greats in semester examinations (77.4%). The findings of present study would be important to stimulate academics, library personnel, university officials, and policymakers to think of ways to prevent the students from engaging in copyright infringements in future. Moreover, it is a firm belief of the researchers that findings of this study could be a remarkable starting point for future researchers.
Editorial Foreword IJSLS Volume 3 Number 1
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

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

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