发布求助
文献互助 智能选刊 最新文献

The Indonesian Journal of Socio-Legal Studies最新文献

筛选
英文 中文
Living in a Legal Limbo: Mechanisms to “Fix” The Legal and Social Positions of Unregistered Children in Indonesia 生活在法律的边缘地带:“修复”印尼未登记儿童的法律和社会地位的机制
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-10-01 DOI: 10.54828/ijsls.2022v2n1.1
H. Horii, T. D. Wirastri
{"title":"Living in a Legal Limbo: Mechanisms to “Fix” The Legal and Social Positions of Unregistered Children in Indonesia","authors":"H. Horii, T. D. Wirastri","doi":"10.54828/ijsls.2022v2n1.1","DOIUrl":"https://doi.org/10.54828/ijsls.2022v2n1.1","url":null,"abstract":"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134073261","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}
引用次数: 1
Kebijakan Pencegahan dan Penanganan Covid-19 dan Implementasinya dalam Pengalaman Masyarakat Covid-19的预防和处理政策及其在社区体验中实施
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-10-01 DOI: 10.54828/ijsls.2022v2n1.4
Sulistyowati Irianto, Yvonne Kezia Nafi, Antarin Prasanthi, Ghanies Amany Cholidah
{"title":"Kebijakan Pencegahan dan Penanganan Covid-19 dan Implementasinya dalam Pengalaman Masyarakat","authors":"Sulistyowati Irianto, Yvonne Kezia Nafi, Antarin Prasanthi, Ghanies Amany Cholidah","doi":"10.54828/ijsls.2022v2n1.4","DOIUrl":"https://doi.org/10.54828/ijsls.2022v2n1.4","url":null,"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132167529","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}
引用次数: 0
Penelitian Hukum Interdisipliner pada Organisasi Peradilan: Pertemuan Pendekatan Hukum dan Pendekatan Manajemen Serta Konsekuensi Metodologisnya 司法组织的跨学科法律研究:法律方法与管理方法的会议及其方法的后果
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-10-01 DOI: 10.54828/ijsls.2022v2n1.5
Dian Rositawati
{"title":"Penelitian Hukum Interdisipliner pada Organisasi Peradilan: Pertemuan Pendekatan Hukum dan Pendekatan Manajemen Serta Konsekuensi Metodologisnya","authors":"Dian Rositawati","doi":"10.54828/ijsls.2022v2n1.5","DOIUrl":"https://doi.org/10.54828/ijsls.2022v2n1.5","url":null,"abstract":"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126097879","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}
引用次数: 1
Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia 经济适用房是健康的吗?印度尼西亚的法律策略、社会法律研究和行动主义
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-10-01 DOI: 10.54828/ijsls.2022v2n1.3
S. Kouwagam
{"title":"Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia","authors":"S. Kouwagam","doi":"10.54828/ijsls.2022v2n1.3","DOIUrl":"https://doi.org/10.54828/ijsls.2022v2n1.3","url":null,"abstract":"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114721420","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}
引用次数: 0
Customary Law or State Law: The Settlement of Marine Resource Disputes in The Kei Islands Community 习惯法还是国家法:基岛社区海洋资源争端的解决
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-10-01 DOI: 10.54828/ijsls.2022v2n1.2
Andreas M.D. Ratuanak, Sulistyowati Irianto, Ratih Lestrarini
{"title":"Customary Law or State Law: The Settlement of Marine Resource Disputes in The Kei Islands Community","authors":"Andreas M.D. Ratuanak, Sulistyowati Irianto, Ratih Lestrarini","doi":"10.54828/ijsls.2022v2n1.2","DOIUrl":"https://doi.org/10.54828/ijsls.2022v2n1.2","url":null,"abstract":"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128466430","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}
引用次数: 2
Standar Global di Kampung: Sustainability Standards dan Implikasinya Terhadap Penerapan Hukum di Indonesia
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-03-01 DOI: 10.54828/ijsls.2021v1n2.2
Bernadinus Steni
{"title":"Standar Global di Kampung: Sustainability Standards dan Implikasinya Terhadap Penerapan Hukum di Indonesia","authors":"Bernadinus Steni","doi":"10.54828/ijsls.2021v1n2.2","DOIUrl":"https://doi.org/10.54828/ijsls.2021v1n2.2","url":null,"abstract":"Global market standards have become one of the main instruments to bring all parties towards sustainable resource management. In various sectors, standards for production, including agricultural products, appear in the form of certification labels. One of the most discussed standards today is the sustainability standard. Different from other existing standards, the sustainability standard includes items such as human rights, land rights, and deforestation, which conventionally are the domain of public institutions, especially the government. The global market standards are no longer considered as the work of private sectors, instead it is now the result of traditional institution’s roles transformation and legal implementation processes in various arenas. Therefore, these standards will affect the law-making process and law enforcement. However, the idea of global market standard is repudiated by many people as it is considered a way to eliminate state-sovereignty. To elaborate the extent of the standards’ effect, how they are implemented and interplay with the legal systems, this article studies the implementation of the Roundtable on Sustainable Palm Oil (RSPO) standard in the Palm Oil Plantation in two villages in Central Kalimantan. The situation in the villages portrays the extent of the global market standard implementation. The author hopes this article provides new insight on the relation between global market standards, state law and other norms living, especially, among parties involved in the palm oil industry and farmers’ empowerment. Furthermore, this article is hoped to serve as constructive lesson of a law-making process built on cross-border cooperation.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125520796","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}
引用次数: 0
Protection of Online Gender-Based Violence Victims: A Feminist Legal Analysis 网络性别暴力受害者的保护:女性主义法律分析
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-03-01 DOI: 10.54828/ijsls.2021v1n2.6
Gisela Violin, Yvonne Kezia Nafi
{"title":"Protection of Online Gender-Based Violence Victims: A Feminist Legal Analysis","authors":"Gisela Violin, Yvonne Kezia Nafi","doi":"10.54828/ijsls.2021v1n2.6","DOIUrl":"https://doi.org/10.54828/ijsls.2021v1n2.6","url":null,"abstract":"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.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132685542","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}
引用次数: 1
Another Second Chance: Rehabilitation of marital rape offender for the victim’s recovery 另一次机会:帮助婚内强奸罪犯康复，帮助受害者康复
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-03-01 DOI: 10.54828/ijsls.2021v1n2.4
Iva Kasuma, Farisa Azhara, Afida Ilfa, Shofiyah Adila Farhana
{"title":"Another Second Chance: Rehabilitation of marital rape offender for the victim’s recovery","authors":"Iva Kasuma, Farisa Azhara, Afida Ilfa, Shofiyah Adila Farhana","doi":"10.54828/ijsls.2021v1n2.4","DOIUrl":"https://doi.org/10.54828/ijsls.2021v1n2.4","url":null,"abstract":"Not all victims of marital rape want a divorce, generally victims long to maintain their marriage and for the perpetrators to correct their own behaviors. Victims are also bound to the strong culture that condones sexual relations without consent as long as it is carried out within the framework of a legal marriage. This study aims to demonstrate the importance of rehabilitation for offenders of marital rape by examining various laws and regulations in Indonesia and the obstacles to their implementation. Methodologically, data were obtained from doctrinal studies of Indonesian law and court decisions related to marital rape and empirical studies from a number of law enforcement officers as well as paralegals. The results show that the absence of a specialized law that regulates the rehabilitation of marital rape perpetrators impacts poorly on judges' decisions in domestic violence cases. There has been no court decision sentencing mandatory counseling as part of their rulings. Judges frequently view sexual violence within a limited scope of physical evidence; as a result, perpetrators are granted low sentences. Indonesia needs a specialized law that regulates the rehabilitation of marital rape perpetrators.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116558575","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}
引用次数: 0
Understanding Institutional Life-Cycle and Sustainability of Co-operative Model: A Case Study of CAMPCO, India 理解合作社模式的制度生命周期与可持续性——以印度CAMPCO为例
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-03-01 DOI: 10.54828/ijsls.2021v1n2.3
Amalendu Jyotishi, Deepika M.G.
{"title":"Understanding Institutional Life-Cycle and Sustainability of Co-operative Model: A Case Study of CAMPCO, India","authors":"Amalendu Jyotishi, Deepika M.G.","doi":"10.54828/ijsls.2021v1n2.3","DOIUrl":"https://doi.org/10.54828/ijsls.2021v1n2.3","url":null,"abstract":"Co-operative movement in India has a long-standing contribution in the growth of business, agriculture and allied activities. One such cooperative movement in India is the Central Arecanut and Cocoa Marketing and Processing Co-operative Limited (CAMPCO) which was initiated with a joint cooperation between the states of Karnataka and Kerala to create an organized market structure for the two plantation crops namely Arecanut and Cocoa in the backdrop of falling market price of these crops. CAMPCO is an interesting co-operative movement, worth investigating in terms of its evolution, challenges, growth and diversification. The paper tries to examine the factors responsible for justifying the existence of the Co-operative structure and its sustainability in the context of CAMPCO, using a modified cooperative life-cycle framework.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133679517","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}
引用次数: 0
Meneliti Budaya Hukum Aparat: Sebuah Pengantar tentang Etnografi dalam Studi Hukum Acara Pidana 研究法治文化:犯罪活动法律研究的人种志简介
The Indonesian Journal of Socio-Legal Studies Pub Date : 2022-03-01 DOI: 10.54828/ijsls.2021v1n2.1
Fachrizal Afandi
{"title":"Meneliti Budaya Hukum Aparat: Sebuah Pengantar tentang Etnografi dalam Studi Hukum Acara Pidana","authors":"Fachrizal Afandi","doi":"10.54828/ijsls.2021v1n2.1","DOIUrl":"https://doi.org/10.54828/ijsls.2021v1n2.1","url":null,"abstract":"This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as an ethnographer.","PeriodicalId":303766,"journal":{"name":"The Indonesian Journal of Socio-Legal Studies","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124508537","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}
引用次数: 3
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：604180095
Book学术官方微信