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All Journal Journal of Indonesian Legal Studies The Indonesian Journal of Socio-Legal Studies
Bedner, Adriaan W.
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Education Law, Crime, Criminology & Criminal Justice

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Ecological Sustainability from a Legal Philosophy Perspective Putro, Widodo Dwi; Bedner, Adriaan W.
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.71127

Abstract

Gustav Radbruch made a fundamental contribution to legal thought, by suggesting the framework of legal justice, legal benefit, and legal certainty as the main purposes of law. This framework is widely accepted and still serves as a basis for thinking about questions of legal interpretation and the problems of legal positivism. This article argues that Radbruch’s framework falls short of addressing legal issues related to the threats of ecological crisis. Looking at legal theory and legal practice, we propose to add “sustainability” as a meta-value to Radbruch’s ideals of the legal system.
New Ways of Teaching Adat (Customary) Law at Indonesian Law Schools Utama, Tody S.J.; Simarmata, Rikardo; Vel, Jacqueline A.C.; Bedner, Adriaan W.
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

While customary law typically is not the sole legal system regulating people's daily lives, it still plays a big role in shaping the behavior of countless individuals worldwide. For this reason, law schools in many countries teach customary law courses, but these courses often present customary law as a sterile set of principles and norms detached from studying social reality. This approach associates customary law with traditional communities whose members live in relative isolation from the world, ignoring the fact that customary law operates in a legally pluralistic universe, interacting with religious and state law systems, and that it adapts to new economic and social conditions. This way of teaching customary law is common in Indonesia. The present article discusses the origins of the current situation and the need for innovations in customary law courses in Indonesia. We analyze the current shortcomings and challenges in the existing adat (customary) law courses and propose socio-legal approach to improve their relevance. This new approach aims to equip students with knowledge that has more practical relevance and enhances the course’s doctrinal features. In so doing, we pay tribute to Keebet von Benda-Beckmann’s indefatigable efforts to better understand and recognize the importance of adat in the context of legal pluralism in Indonesia.
Co-Authors Rikardo Simarmata Utama, Tody S.J. Vel, Jacqueline A.C. Widodo Dwi Putro