Jurnal IUS (Kajian Hukum dan Keadilan)
Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan

Realizing “Deconstructional” Justice Through Agrarian Civil Law Reform: A Review Of Jacques Derrida’s Theory

Sahlan (Unknown)
Miqat, Nurul (Unknown)
Susi Susilawati (Unknown)



Article Info

Publish Date
27 Dec 2024

Abstract

Agrarian law in Indonesia has a long history influenced by various power regimes. However, it still faces challenges such as agrarian conflicts and inequalities in land distribution. This research aims to analyze the application of Jacques Derrida's deconstruction concept in the reform of Indonesian agrarian civil law, by identifying and evaluating critical aspects that need to be deconstructed to realize more substantive and inclusive agrarian justice. This study uses normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature studies, and applying qualitative analysis techniques including descriptive, interpretative, and critical analysis to examine the application of Jacques Derrida's deconstruction theory in Indonesian agrarian civil law reform. The research results show that Jacques Derrida's deconstruction concept can be applied in Indonesian agrarian civil law reform to achieve more substantive justice. This approach allows for the dismantling of existing agrarian legal structures, revealing inconsistencies and contradictions within them, and opening space for new, more inclusive interpretations. Critical aspects that need to be deconstructed include colonial legacies in agrarian law, dualism between customary and national law, inequalities in land tenure, unfair conflict resolution mechanisms, lack of integration between agrarian policies and environmental protection, and weak implementation of indigenous peoples' rights. Through the deconstruction of these aspects, agrarian law reform can be directed to create a more just, inclusive, and sustainable system, taking into account broader social, cultural, and economic contexts.. Keyword: Deconstruction, Agrarian, Justice, Reform, Derrida.

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Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...