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All Journal Walisongo Law Review (Walrev) The Journal Of Socio Legal and Islam Law
Basuki Babussalam
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Fullfillment Of Educational Rights For Woman Through Women’s Schools In Aengbaja Kenek Village Devi Mutiara Sanni; Basuki Babussalam
Socio Legal and Islamic Law Vol 1 No 2 (2022): December 2022
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v1i2.20628

Abstract

This research wants to highlight the fulfillment of women's educational rights as regulated by the 1945 Constitution. This research will answer the questions (1) How is the implementation of the fulfillment of educational rights stated in the 1945 Constitution? (2) How is the right to education fulfilled through women's schools in Aengbaja Kenek Village ? This research uses empirical research methods, namely by conducting interviews, Focus Group Discussions and several other relevant literature. The research results show that, First, the fulfillment of educational rights in Indonesia has not been maximized, especially for women. Second, the fulfillment of education as regulated by the 1945 Constitution is still limited to the high school level. Third, in Aengabaja Kenek village, they still adhere to the old rules, namely that women are limited to a kitchen, well and mattress. Fourth, women after high school education must be required to work, some are even forced to get married immediately. The research methods used were in-depth interviews, participant observation, and questionnaires. The results of the research show that the majority of women in Aengbajakenek village still adhere to old cultures that limit women's educational rights, namely that women are limited to being housewives. Apart from that, the research results also show that women's schools in villages have a crucial role in facilitating women's access and participation in safe and inclusive education for women, helping overcome gender stereotypes, including increasing awareness of their rights. However, this research also identified several challenges, such as women's lack of awareness to fulfill their own needs in fulfilling their education, gender stereotypes that still occur in society, and cultural norms that inhibit women's full participation in education. Therefore, further efforts are needed to strengthen women's schools, build public awareness about the importance of women's education, and promote gender equality at all levels of society in Aengbajakenek village, Sumenep, Madura.
Legal Pluralism: Concept, Theoretical Dialectics, and Its Existence in Indonesia Achmad Hariri; Basuki Babussalam
Walisongo Law Review (Walrev) Vol. 6 No. 2 (2024)
Publisher : Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/walrev.2024.6.2.25566

Abstract

Legal pluralism refers to the coexistence of multiple legal systems within a single society, encompassing state, customary, and religious laws. This concept is deeply rooted in Indonesia’s colonial legacy and cultural diversity, both of which have shaped the emergence of distinctive and layered legal practices. This study examines how legal pluralism operates within the Indonesian legal framework and the challenges involved in reconciling state law with non-state legal systems. It aims to analyze the forms and dimensions of legal pluralism in Indonesia, identify key obstacles to integrating these systems, and propose strategies to enhance justice and legal certainty. Employing a qualitative research approach with juridical and sociological perspectives, the study investigates the application of legal pluralism across various regions of Indonesia. The analysis highlights two main perspectives: juridical legal pluralism (the state’s formal recognition of customary law) and empirical legal pluralism (the lived reality of individuals subject to multiple normative orders). The findings reveal that legal pluralism reflects Indonesia’s socio-cultural complexity and offers opportunities for more inclusive governance. However, it also generates challenges, including legal uncertainty, overlapping authority, and unequal access to justice. The study concludes that a coordinated legal framework, which respects local traditions while upholding universal principles of justice, is essential for strengthening social cohesion and improving the effectiveness of Indonesia’s legal system. Pluralisme hukum merupakan kondisi di mana beberapa sistem hukum hidup berdampingan dalam satu masyarakat, meliputi hukum negara, hukum adat, dan hukum agama. Konsep ini berakar kuat pada warisan kolonial dan keragaman budaya Indonesia yang membentuk praktik hukum yang khas dan berlapis. Penelitian ini mengkaji bagaimana pluralisme hukum berfungsi dalam kerangka hukum Indonesia serta tantangan dalam menyelaraskan hukum negara dengan sistem hukum non-negara. Tujuan penelitian ini adalah untuk menganalisis bentuk dan dimensi pluralisme hukum di Indonesia, mengidentifikasi hambatan utama dalam integrasi antar sistem hukum, serta merumuskan strategi untuk memperkuat keadilan dan kepastian hukum. Dengan menggunakan metode penelitian kualitatif melalui pendekatan yuridis dan sosiologis, studi ini menelusuri penerapan pluralisme hukum di berbagai wilayah Indonesia. Analisis penelitian ini menyoroti dua perspektif utama: pluralisme hukum yuridis (pengakuan formal negara terhadap hukum adat) dan pluralisme hukum empiris (realitas individu yang tunduk pada berbagai sistem hukum). Hasil penelitian menunjukkan bahwa pluralisme hukum mencerminkan kompleksitas sosial-budaya Indonesia dan membuka peluang bagi tata kelola hukum yang lebih inklusif. Namun demikian, pluralisme ini juga menimbulkan tantangan seperti ketidakpastian hukum, tumpang tindih kewenangan, dan ketimpangan akses terhadap keadilan. Penelitian ini menyimpulkan bahwa diperlukan kerangka hukum yang terkoordinasi, yang menghormati tradisi lokal sekaligus menjunjung prinsip keadilan universal, guna memperkuat kohesi sosial dan meningkatkan efektivitas sistem hukum nasional. Keywords: Legal Pluralism; Customary Law; Legal Harmonization; Legal Certainty.
Fullfillment Of Educational Rights For Woman Through Women’s Schools In Aengbaja Kenek Village Devi Mutiara Sanni; Basuki Babussalam
Socio Legal and Islamic Law Vol 1 No 2 (2022): December 2022
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v1i2.20628

Abstract

This research wants to highlight the fulfillment of women's educational rights as regulated by the 1945 Constitution. This research will answer the questions (1) How is the implementation of the fulfillment of educational rights stated in the 1945 Constitution? (2) How is the right to education fulfilled through women's schools in Aengbaja Kenek Village ? This research uses empirical research methods, namely by conducting interviews, Focus Group Discussions and several other relevant literature. The research results show that, First, the fulfillment of educational rights in Indonesia has not been maximized, especially for women. Second, the fulfillment of education as regulated by the 1945 Constitution is still limited to the high school level. Third, in Aengabaja Kenek village, they still adhere to the old rules, namely that women are limited to a kitchen, well and mattress. Fourth, women after high school education must be required to work, some are even forced to get married immediately. The research methods used were in-depth interviews, participant observation, and questionnaires. The results of the research show that the majority of women in Aengbajakenek village still adhere to old cultures that limit women's educational rights, namely that women are limited to being housewives. Apart from that, the research results also show that women's schools in villages have a crucial role in facilitating women's access and participation in safe and inclusive education for women, helping overcome gender stereotypes, including increasing awareness of their rights. However, this research also identified several challenges, such as women's lack of awareness to fulfill their own needs in fulfilling their education, gender stereotypes that still occur in society, and cultural norms that inhibit women's full participation in education. Therefore, further efforts are needed to strengthen women's schools, build public awareness about the importance of women's education, and promote gender equality at all levels of society in Aengbajakenek village, Sumenep, Madura.
Co-Authors Devi Mutiara Sanni