Indonesian Journal of Law and Society最新文献

{"title":"Embracing the Gig Economy","authors":"F. Yunita","doi":"10.19184/ijls.v4i2.43628","DOIUrl":"https://doi.org/10.19184/ijls.v4i2.43628","url":null,"abstract":"The post-pandemic economic landscape has witnessed the emergence of a worldwide sharing economy system, commonly known as the ‘gig economy’. This system represents a significant transformation in labor and services exchange characterized by short-term jobs, freelance, or on-demand work arrangements facilitated by digital platforms. Recently, the gig economy has emerged as a highly promising employment preference due to its flexibility. However, it has also led to significant inequality issues for traditional workers. Moreover, this sharing economy system also exerts substantial impacts on the environment.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139321893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Legal Protection of the Digital Platform Workers in Indonesia: Lesson Learnd From Germany and the United Kingdom","authors":"Nur Afifah Aminuddin, Erna Dyah Kusumawati","doi":"10.19184/ijls.v4i2.41915","DOIUrl":"https://doi.org/10.19184/ijls.v4i2.41915","url":null,"abstract":"This study analyzes labor law arrangements in Indonesia, Germany and United Kingdom, mainly how several countries protect digital platform workers. Furthermore, this research evaluates the implementation of such a law to advance labor law in Indonesia in protecting digital platforms workers. This research used normative legal analysis, employing a statutory, conceptual, and comparative approach with Germany and the United Kingdom. The results indicate that the dynamics of new employment status or partnership working relationships and workers’ flexibility in the gig economy phenomenon are not only found in Indonesia. Several countries, for example, Germany and United Kingdom, have found strategies to tackle this phenomenon. The government can address the above employment problems in two approaches: via court decisions and amending or revising relevant legislation. Classifying the status of employment relationships in this new phenomenon is crucial for implementation in Indonesia. In the future, such classification can be used as a reference in developing Indonesian Labor Law. The government should consider the necessary substantive protections for workers, from flexible working arrangements to creating new standards more responsive to the structure of growing organizations and the emergence of algorithmic management.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139323037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Critical Evaluation of Environmental Dispute Resolution Mechanisms in Bangladesh: Addressing Challenges and Insights","authors":"Md. Ala Uddin","doi":"10.19184/ijls.v4i2.41732","DOIUrl":"https://doi.org/10.19184/ijls.v4i2.41732","url":null,"abstract":"Pollution is now the greatest dangerous threat to humanity. Nowadays, everyone scares pollution more than nuclear blasts. Human well-being and economic prosperity have made environmental conservation a critical global issue. Bangladesh is dealing with a number of environmental issues, including deforestation, land degradation, air pollution, water contamination, and biodiversity loss. In Part II (Fundamental Principles of State Policy) of the Bangladesh Constitution, Article 18A states, \"The State shall strive to protect and develop the environment, as well as preserve and safeguard natural resources, biodiversity, wetlands, forests, and wild life for current and future inhabitants.\" However, Article 8(2) of the aforementioned Constitution stipulates that the fundamental principles outlined in Part II of the Constitution are not judicially enforceable. As a result, it is apparent that the Bangladesh Constitution does not contain any direct environmental protection. Furthermore, Bangladesh's constitution does not recognize the right to a healthy environment as a fundamental right. In Bangladesh, the environment doesn't at all promote healthy living. Severe air, water, and noise pollution endangers human health, ecosystems, and Bangladesh's economic progress. Population growth, the usage of fossil fuels, industrialization, and motorized vehicles all contribute to air pollution. Water contamination is the result of industrialization. The Government of Bangladesh has adopted various laws pertaining to environmental issues, such as the Environment Court Act, 2010, the Bangladesh Environment Conservation Act, 1995, the National River Protection Commission Act, 2013, the Bangladesh Water Act, 2013, etc. Despite the adoption of several laws and regulations, environmental pollution in the country persisted. This paper is qualitative in nature. The main purpose of this paper is to deliver a brief outline of the current legal regime dealing to the environment, as well as to identify environmental dispute resolution procedures within Bangladesh's existing legal framework. It will also investigate into the legal hurdles to pursuing environmental justice. This study presents some observations on achieving access to environmental justice for all population groups in Bangladesh.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139326492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Phenomenon of Child Marriage in the Pandemic Based on Legal, Social and Health Studies","authors":"Rosnida Sari, Erwin Nur Rif’ah, Dina Tsalist Wildana","doi":"10.19184/ijls.v4i2.38638","DOIUrl":"https://doi.org/10.19184/ijls.v4i2.38638","url":null,"abstract":"This research reviews the phenomenon of child marriage during the pandemic, from a legal, social and health perspective. Based on data from UNICEF, Indonesia ranks eighth in the world with the number of child marriages reaching 1.4 million children. Data on child marriage from the 2018 National Socio-Economic Survey recorded that the number of child marriages in Indonesia was quite high, reaching 1,220,900 incidents. This means that about 1 in 9 women aged 20-24 get married before the age of 18.   This research was conducted in Jember Regency by taking 17 representations in 9 sub-districts. This study uses a qualitative method with an observation and interview approach. From the results of the study, it was found that a small proportion of informants were legally married at Religious Affair Office because they had not met the minimum age for marriage, which was 19 years. Some informants applied for a marriage dispensation at the Religious Courts, and some falsified the date of birth by increasing the age so that it meets the minimum age for marriage. Before getting married, a small number of informants got engaged first and most of them did not go through the engagement process. Informants who are engaged are usually engaged for a relatively long time, between 10 months to a year and then get married. Child marriage is against fundamental rights and freedom of children.  The recommendation from this study is the need for more intense socialization about the rules of marriage age and the dangers of early marriage, especially related to their health.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139326077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"When the Court Decisions Encourage Deforestation in Indonesia: A Case of Tahura Mangrove Forest Project","authors":"Putu Eka Rosariani, I. P. Widiatedja, Muhammad Qadam Shah","doi":"10.19184/ijls.v4i2.41195","DOIUrl":"https://doi.org/10.19184/ijls.v4i2.41195","url":null,"abstract":"The abstract presents a critical analysis of the role played by court decisions in the prevention of deforestation. Over the past few decades, Indonesia has witnessed extensive deforestation, primarily due to the expansion of oil palm and agriculture. This has had a significant impact on Bali's tourism industry, which heavily relies on this sector for development. The Tahura Mangrove Forest Project serves as an example of a tourism venture that has resulted in damage to the forested area. Despite the prohibition of commercial projects on protected land, the government issued a utilization permit for the construction of guest houses. Rather than effectively curbing deforestation, this study demonstrates how controversial court decisions have actually encouraged it. The courts' assertion that public interest groups lacked standing to challenge violations of forestry laws, which could potentially cause environmental harm, was based on the argument that the damage was only a possibility during the planning stage and could not be accurately quantified. This paper identifies three factors contributing to the judges' adoption of a narrow standing test: their limited judicial competence, reliance on the Supreme Court's existence, and corruption.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139330669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human Rights Violations in Indonesia’s National Strategic Development Project","authors":"Siti Rakhma Mary Herwati, Pascal David Wungkana","doi":"10.19184/ijls.v4i2.43006","DOIUrl":"https://doi.org/10.19184/ijls.v4i2.43006","url":null,"abstract":"The Indonesian Legal Aid Foundation has identified several typologies of structural land cases. One of them is land cases concerning the development of infrastructure projects. In recent years, the government has intensified particular infrastructure projects by designating them as National Strategic Projects (PSN). The designation of certain locations for these National Strategic Projects often overrules the consent of local communities who will be affected by the project. Some cases of infrastructure project development have occurred and impacted such communities. This paper will explicate how the accelerated development of infrastructure projects through the issuance of the Presidential Regulation on National Strategic Projects in 2016 and 2017 have violated community rights to land, the environment, and other human rights. The author will reveal the violation of these rights through examining cases on the construction of the Bener Dam in Central Java and the development of Bitung Toll Road in North Sulawesi. This paper projects one main finding that the government did not use the right to development approach and public needs-based approach in carrying out the project developments. Violations on a couple cases of development, such as Bener Dam and Bitung Toll Road, strengthen the analysis of governmental arbitrariness on conducting PSN in Wadas and Bitung.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"98 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139333086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Philosophy of Law: A Very Short Introduction by Raymond Wacks","authors":"Yudi Yasmin Wijaya, Ananda Aminulloh","doi":"10.19184/ijls.v2i2.24627","DOIUrl":"https://doi.org/10.19184/ijls.v2i2.24627","url":null,"abstract":"The article is a book review that supposedly does not need an abstract","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126592261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COVID-19 Pandemic and Simultaneous Regional Head Elections in Indonesia","authors":"Aniqotun Nafiah, N. Hidayat","doi":"10.19184/ijls.v2i2.24661","DOIUrl":"https://doi.org/10.19184/ijls.v2i2.24661","url":null,"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. \u0000KEYWORDS: COVID-19 Pandemic, Regional Head Election, Regional Head Authority.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116890515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Analysis of the Nature of Cyber Currency in Iran: A Comparison to EU Law","authors":"N. Norouzi","doi":"10.19184/ijls.v2i2.26660","DOIUrl":"https://doi.org/10.19184/ijls.v2i2.26660","url":null,"abstract":"Electronic money as the monetary value stored in an electronic instrument is the last step in the gradual evolution of money, described as the immaterialization and invisibility of money. It is an emerging phenomenon that can perform the functions and duties of money. This study aimed to investigate the legal concept of cyber currency in Iran-Islamic and EU law in a comparative view. This study mainly considered e-money as a payment method and discusses it from different perspectives. In analyzing the legal nature of this phenomenon, it used two different approaches by combining an empirical-analytical method and a comparative study. The first approach was to analyze the nature of electronic money as a type of money. The second was to analyze the nature of electronic money in the light of non-monetary theories and describe it as one of the legal institutions used in business. This study concluded that electronic money would have different legal effects in its legal analysis, depending on who the publisher and acceptor are and how its publication and circulation process is defined and explained. The description of electronic money in the form of non-monetary theories ignored its role as an efficient payment tool in today's advanced business environment. \u0000KEYWORDS: Electronic Money, Cyber Currency, Islamic Law.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128681336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Female Genital Mutilation as Violence Against Women: A Narrative of Promoting Abandonment","authors":"Rizky Akbar Idris, Muhammad Pramadiathalla, Tania Daniela","doi":"10.19184/ijls.v2i2.24565","DOIUrl":"https://doi.org/10.19184/ijls.v2i2.24565","url":null,"abstract":"Today, women and girls are less likely to undergo female genital mutilation (FGM) than decades ago. However, the practice is still near-universal in some countries. FGM is still practiced because societies still hold their traditional values and norms. According to UNICEF, at least 200 million women and girls have been subjected to the practice in 30 countries, mainly those in Asia and Africa. This study aimed to analyze FGM as violence against women relating to the communities and their beliefs by addressing the status quo and the legality of FGM practices in Indonesia, Egypt, and Yemen. It accounted for the state's role in preventing, handling, and safeguarding the victims of FGM practices. This study used the socio-legal method by critically analyzing the legislation for further implications for legal subjects. This study showed that FGM was a form of violence against women which have a role in the perpetual violation of women's rights. It identified the difference in practice, prevalence, legality, and the state's role in FGM in Indonesia, Egypt, and Yemen. It suggested to prevent FGM practices through mobilizing political will and funding, strengthening healthcare providers' awareness and knowledge, building a supportive legislative and regulatory environment, and reinforcing monitoring, evaluation, and accountability. \u0000KEYWORDS: Women’s Rights, Female Genital Mutilation, Violence Against Women.","PeriodicalId":246079,"journal":{"name":"Indonesian Journal of Law and Society","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122046227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}