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All Journal Masalah-Masalah Hukum Diponegoro Law Review
Aspin N, Ester Elisabeth
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Law, Crime, Criminology & Criminal Justice

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THE PRAGMATIC THOUGHT AND ECONOMIC RATIONALITY IN LOCAL LEGISLATIVE POLICY FORMATION: AN ETHNOGRAPHIC STUDY Asmara, Teddy; Aspin N, Ester Elisabeth; Arif, Faisal
Masalah-Masalah Hukum Vol 54, No 1 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.1.2025.80-91

Abstract

This study explores the role of economic rationality in legislative processes, particularly in the context of local regulations in Indonesia. Focusing on the Kutawangi Regional Regulation on Cultural Heritage, the research highlights how economic interests shape legislative actions, leading to inefficiencies and failures in legal protection for cultural heritage. Through ethnographic case studies, the research examines the interactions among legislators, NGOs, and other stakeholders, revealing a pattern of pragmatic economic rationality that prioritizes personal and institutional benefits over policy substance. The study finds that such practices—such as outsourcing academic text production and manipulating legislative procedures—undermine the quality and effectiveness of laws. The research further uncovers the widespread use of symbolic legislation and bureaucratic pathologies as strategies to meet performance targets without addressing substantive policy issues. The findings suggest that these practices not only compromise legislative integrity but also reflect broader systemic issues in governance. To improve legislative quality and restore public trust, the study advocates for interventions such as ethics training, anti-corruption programs, and enhanced transparency in legislative processes.
EXPLORING INTERSECTIONALITY: THE LEGAL CHALLENGES FACED BY INDIGENOUS WOMEN IN PALM OIL LAND CONFLICTS Natalis, Aga; Wibowo, Shannon Lorelei; Aspin N, Ester Elisabeth; Hardiyanti, Marzellina; Putrijanti, Aju
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.173-198

Abstract

This study explores the dual challenges faced by indigenous women in palm oil land conflicts through an intersectionality framework to understand their unique oppression. In Indonesia, the palm oil industry’s expansion has exacerbated gender-based, ethnic, economic, and ecological injustices faced by these women. Indigenous women are often excluded from decision-making processes regarding land disputes and development projects, leading to the loss of vital resources that sustain their livelihoods. This research demonstrates that these women bear an additional burden of domestic responsibilities, which are largely unrecognised, while also being marginalised in the socio-political and legal spheres. Through an intersectional lens, this study unveils the complex interactions of gender, ethnicity, and class, which create distinct forms of oppression, complicating the struggle of indigenous women to protect their land and culture. These conflicts are not simply issuing of agriculture; they represent a broader fight for recognition, autonomy, and the protection of ecosystems. In conclusion, the legal and policy frameworks often fail to adequately address the rights of indigenous women, highlighting the need for inclusive policies that ensure their participation in decision-making processes. It argues for the recognition of their ecological knowledge and cultural heritage in addressing and resolving land conflicts.
Co-Authors Aju Putrijanti Arif, Faisal Hardiyanti, Marzellina Natalis, Aga Teddy Asmara Wibowo, Shannon Lorelei