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All Journal Indonesia Law Review (ILREV) The Indonesian Journal of Socio-Legal Studies
Tuslian, Widya Naseva
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Education Law, Crime, Criminology & Criminal Justice

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Nine-Tenths of the Law: Enduring Dispossession in Indonesia Tuslian, Widya Naseva
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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In many developing countries, land ownership is something less established and not backed by long-standing legal protection as opposed to the developed countries. Indonesia is a case in point of those developing countries. In Indonesia, the struggle over land ownership has been something at all times. The conflicts over land ownership persist and develop alongside the times, political, and regime changes until the present day. Moreover, in the context of legal and institutional pluralism with multi-layers of rules and jurisdictions like in Indonesia, a claim over land can be made by many actors, which involves many authorities that govern it. Additionally, colonialism as a historical context adds another layer of intricacies of land conflicts and claims in Indonesia.
"ELIMINATION OF CULTURE BASED DISCRIMINATION AGAINST WOMEN IN INDONESIA: AN ASSESSMENT OF THE IMPLEMENTATION OF STATE PARTIES’ OBLIGATIONS UNDER ARTICLE 5(A) OF THE WOMEN’S CONVENTION" Tuslian, Widya Naseva
Indonesia Law Review Vol. 9, No. 1
Publisher : UI Scholars Hub

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Abstract

The notion of cultural relativism has always been a fundamental challenge to upholding human rights values, especially regarding gender mainstreaming and the equality of both sexes. In this sense, there is a view that cross-cultural moral values are not acceptable given thecultural traits that produce their own modes of thinking and ideology. It is thus understandable that Article 5(a) of the Women’s Convention (i.e.,The Convention on the Elimination of all Forms of Discrimination Against Women), which is the only provision in international law that seeks to modify cultures that prejudice women, will deal with constant hurdles in countries like Indonesia that firmly embrace cultural values. This is true even though a signal of commitment has been shown by ratification because the signal itself makes not reservation to the obligations stipulated therein. However, these commitments remain highly questionable as discriminatory laws remain in force across the country from the national to the local level and new discriminatory regulations continue to be issued. The Committee of Elimination of Discrimination Against Women (CEDAW) has reminded Indonesia at some occasion that cultural and religious values must not undermine the universality of women’s rights. Nevertheless, up until now, the authorities have always failed to create a clear timeframe for revision of laws that institutionalize negative stereotypes against women. Taking this perspective into account, this paper will explore the reasons for and indicators of Indonesia’s failure to implement Article 5(a) to modify cultural values and stereotypes against women in its legal system and instruments. In doing so, this paper will also dig deeper into Indonesia’s barriers to implementing its state obligations under this article.
Unravel Persistent Land Tenure Insecurity Behind Indonesia’s Palm Oil Industry: Study case Kinipan Indigenous Community in Central Kalimantan. Tuslian, Widya Naseva
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

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This paper argues that legal pluralism within the context of state law contributes to tenure insecurity experienced by indigenous communities behind the palm oil industry in Indonesia. The palm oil industry is an industry that contributes significantly to Indonesia's economy and is a mainstay of national export. However, this industry is also renowned for bringing multidimensional issues such as ecological problems, biodiversity crises, and land conflict with existing inhabitants, particularly indigenous groups. The latter issue is peculiar in Indonesia's palm oil industries as, in many cases, palm oil projects overlapped with indigenous people's forest land or places where they reside. Moreover, talking about the land rights of an indigenous group in Indonesia, especially in the context of palm oil sectors, will always involve various state legal norms and institutions, which, unfortunately, in most cases render uncertainty which is harmful to indigenous people's tenure security. This paper also put forward that the law-making process that primarily holds up economic rationality and favors large palm oil corporations results in various contradicted legal products that are detrimental to the acknowledgement of indigenous community's existence and their land rights. Taking the Kinipan Indigenous group in Central Kalimantan as a case study, this paper primarily discusses the general pattern of tenure insecurity experienced by the Indigenous community in Indonesia in facing the large-scale palm oil corporations.
In Pursuit of Water Justice in Jakarta Tuslian, Widya Naseva; Rinwigati, Patricia; Sandyawan, Stanislaus
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Despite becoming a rapidly growing megacity, in some of Jakarta’s areas, particularly in the underprivileged areas, a significant portion of its citizens still lack access to adequate domestic water. For years, water privatization has been considered a major barrier to solving the issue. Jakarta’s citizens have mobilized themselves to publicly reclaim Jakarta’s water governance. One of the significant actions was filing a citizen lawsuit against the relevant state authorities, which eventually was ruled in favor of the state authorities due to procedural reasons. Using the ROLAX framework developed by Bedner and Vel, this paper tries to understand to what extent the water privatization lawsuits and civil society’s legal mobilizations in Jakarta reflect an effective access to justice process. Incorporating socio-legal methods by combining empirical and doctrinal research, this paper shows that the process of access to justice is not straightforwardly related to the outcome of legal processes. In this case, the access to justice process does not end with the citizen lawsuit, as citizens’ mobilization goes beyond the courtroom. CSO’s representing citizens who experienced water access problems have adopted the courts’ favorable legal considerations in further pushing the government to conduct full public management of Jakarta’s water management and demanding the fulfilment of their water access rights.
Co-Authors Rinwigati, Patricia Sandyawan, Stanislaus