The Indonesian Journal of Socio-Legal Studies最新文献

{"title":"Editorial Foreword IJSLS Volume 3 Number 1","authors":"Sulistyowati Irianto","doi":"10.54828/ijsls.2023v3n1.6","DOIUrl":"https://doi.org/10.54828/ijsls.2023v3n1.6","url":null,"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","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"154 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135661153","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":"Awareness of Copyright Infringement Among Undergraduates of The State Universities in Sri Lanka","authors":"Iqbal Saujan","doi":"10.54828/ijsls.2023v3n1.3","DOIUrl":"https://doi.org/10.54828/ijsls.2023v3n1.3","url":null,"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639572","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":"Panglima Laot and Contributions in Upholding Customary Law in Aceh's Maritime Regions","authors":"Heru Susetyo, Satrio Febriyanto, Shaubi Laidinar, Wahyumi Ilahidayah, Muhammad Febriansyah, Nadila Mahilaveda","doi":"10.54828/ijsls.2023v3n1.5","DOIUrl":"https://doi.org/10.54828/ijsls.2023v3n1.5","url":null,"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639574","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":"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","authors":"Abdul Munif","doi":"10.54828/ijsls.2023v3n1.1","DOIUrl":"https://doi.org/10.54828/ijsls.2023v3n1.1","url":null,"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639585","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":"Various Insights Highlighting the Significance of Empirical Studies in Customary Legal Research","authors":"Sartika Intaning Pradhani","doi":"10.54828/ijsls.2023v3n1.2","DOIUrl":"https://doi.org/10.54828/ijsls.2023v3n1.2","url":null,"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639716","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 Narratives of Local Women’s Resilience in Disaster and Climate Change: The Voices of Indonesian Women in the Watershed Areas","authors":"Titiek Kartika Hendrastiti, Siti Kusujiarti, Rambat Nur Sasongko","doi":"10.54828/ijsls.2023v3n1.4","DOIUrl":"https://doi.org/10.54828/ijsls.2023v3n1.4","url":null,"abstract":"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639718","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":"Sanak Value in Women’s Land Inheritance Rights: Case Study on Women Inheritance Land Rights in Karangpakuan, Sumedang, West Java","authors":"Patricia Beata Kurnia","doi":"10.54828/ijsls.2023v2n2.2","DOIUrl":"https://doi.org/10.54828/ijsls.2023v2n2.2","url":null,"abstract":"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"24 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131186547","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 Digitization of Notarial Tasks - A Comparative Overview and Outlook of ‘Cyber Notary’ In Indonesia and Germany","authors":"","doi":"10.54828/ijsls.2023v2n2.1","DOIUrl":"https://doi.org/10.54828/ijsls.2023v2n2.1","url":null,"abstract":"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128277675","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 Indonesia Legal Education: Advancing Law Student’s Understanding to Real Legal Issues","authors":"Antarin Prasanthi Sigit, Daryono .","doi":"10.54828/ijsls.2023v2n2.4","DOIUrl":"https://doi.org/10.54828/ijsls.2023v2n2.4","url":null,"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121757289","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":"Adat as Strategy for Legal Struggle and Legal Mobilization","authors":"Yance Arizona","doi":"10.54828/ijsls.2023v2n2.3","DOIUrl":"https://doi.org/10.54828/ijsls.2023v2n2.3","url":null,"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"183 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114314210","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}