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Indonesian Journal of Law and Society Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember East Java, Indonesia 68121 Tel: (+62) 331 335462, 322808 Fax: (+62) 330 482, 322809
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INDONESIA
Indonesian Journal of Law and Society
Published by Universitas Jember
ISSN : 27224074     EISSN : 27224074     DOI : https://doi.org/10.19184/ijls.v1i2.18091
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Law and Society is an international peer-reviewed journal published by the Faculty of Law, University of Jember, Indonesia. The publication contains a rich store of legal literature analyzing legal development. This platform continues to advance the boundaries of global and local developments in law, policy, and legal practice by publishing cogent and timely articles, commentaries, and book reviews on a biannual basis. The journal covers both domestic and international legal developments. This platform provides a venue for distinguished scholars and new academics around the world to share their academic works. The publication is primarily dedicated to encouraging scholarly attention and advancing the intimate knowledge of recent discourses on law and society. This journal recognizes that the boundaries in the study of law have become increasingly porous. So too, there is a relevant relationship between law and society. The publication in this journal reflects and values this intellectual cross-fertilization.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 2 No 2 (2021): Law, Society, and Industrial Economy II" : 6 Documents clear
Female Genital Mutilation as Violence Against Women: A Narrative of Promoting Abandonment Rizky Akbar Idris; Muhammad Pramadiathalla; Tania Daniela
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.24565

Abstract

Today, women and girls are less likely to undergo female genital mutilation (FGM) than decades ago. However, the practice is still near-universal in some countries. FGM is still practiced because societies still hold their traditional values and norms. According to UNICEF, at least 200 million women and girls have been subjected to the practice in 30 countries, mainly those in Asia and Africa. This study aimed to analyze FGM as violence against women relating to the communities and their beliefs by addressing the status quo and the legality of FGM practices in Indonesia, Egypt, and Yemen. It accounted for the state's role in preventing, handling, and safeguarding the victims of FGM practices. This study used the socio-legal method by critically analyzing the legislation for further implications for legal subjects. This study showed that FGM was a form of violence against women which have a role in the perpetual violation of women's rights. It identified the difference in practice, prevalence, legality, and the state's role in FGM in Indonesia, Egypt, and Yemen. It suggested to prevent FGM practices through mobilizing political will and funding, strengthening healthcare providers' awareness and knowledge, building a supportive legislative and regulatory environment, and reinforcing monitoring, evaluation, and accountability. KEYWORDS: Women’s Rights, Female Genital Mutilation, Violence Against Women.
Legal Analysis of the Nature of Cyber Currency in Iran: A Comparison to EU Law Nima Norouzi
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.26660

Abstract

Electronic money as the monetary value stored in an electronic instrument is the last step in the gradual evolution of money, described as the immaterialization and invisibility of money. It is an emerging phenomenon that can perform the functions and duties of money. This study aimed to investigate the legal concept of cyber currency in Iran-Islamic and EU law in a comparative view. This study mainly considered e-money as a payment method and discusses it from different perspectives. In analyzing the legal nature of this phenomenon, it used two different approaches by combining an empirical-analytical method and a comparative study. The first approach was to analyze the nature of electronic money as a type of money. The second was to analyze the nature of electronic money in the light of non-monetary theories and describe it as one of the legal institutions used in business. This study concluded that electronic money would have different legal effects in its legal analysis, depending on who the publisher and acceptor are and how its publication and circulation process is defined and explained. The description of electronic money in the form of non-monetary theories ignored its role as an efficient payment tool in today's advanced business environment. KEYWORDS: Electronic Money, Cyber Currency, Islamic Law.
Corporate Legal Liability for Corruption in the Private Sector Idrus Salam; Satria Unggul Wicaksana Prakasa
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.24146

Abstract

Corruption in the private sector has been an emerging issue in Indonesia, regarded to become a serious problem to the rule of law. In this case, the problem is the difficulty in tracking down perpetrators of corruption in the private sector since legal accountability does not pay serious attention. For example, the Rolls Royce case involved many jurisdictions in Indonesia that experienced obstacles due to limited authority and low commitment from the country. This study aimed to examine how private sector corruption is linked to legitimizing bribery by foreigners by answering the following questions: what is the legal liability of corporations as perpetrators of corruption in the private sector? What are the legal mechanisms in Indonesia for understanding private sector corruption? In this study, the socio-legal method was used to analyze corruption as a national and international crime to respond to the raised legal issues. The socio-legal method is a legal research method that can do more than regulate the law. The results indicated that the pattern of corruption in the private sector for officials could result in corrupt policies. Furthermore, for the private sector, it can lead to unfair business competition. Therefore, it must be handled immediately so corruption cases in the private sector cannot continue to occur, causing harm to the public and indirectly affecting the country. KEYWORDS: Corruption, Criminal Liability, Private Sector.
COVID-19 Pandemic and Simultaneous Regional Head Elections in Indonesia Aniqotun Nafiah; Nur Azizah Hidayat
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.24661

Abstract

The COVID-19 pandemic hurts almost all sectors, particularly the government, like the simultaneous Regional Head Election. The Indonesian government, along with the General Election Commission and the Indonesian House of Representatives through the Government Regulation in Lieu of Law No. 2 of 2020, agreed to postpone it until December 2020 to reduce the spread of COVID-19. To date, the pandemic has not ended yet, considered that the delay might be ineffective. Another issue was the emergence of other simultaneous elections in 2024, in which several steps have begun to be implemented this year. This study aimed to discuss the issue of the simultaneous regional head elections during the pandemic. It raised two issues. First, while the elections were still held to avoid vacancies, their implementation must be adjusted to the COVID-19 pandemic. Second, while the elections were postponed until the pandemic ends, the Acting Officer, as another alternative, should be given full authority to the Acting Officer so that the government could be administered optimally. The study combined doctrinal and empirical legal research. The primary data sources were the laws and regulations relating to the Regional Head Elections in Indonesia and interviews from the Election Supervisory Committee in Surabaya, Indonesia. This study showed that the simultaneous elections during the COVID-19 pandemic could still avoid vacancies, and its implementation was adjusted to the pandemic situation. Therefore, it implemented strict health protocols despite the more detailed and comprehensive-time simulations to adjust the overall implementation of the upcoming election stages. Also, the internet infrastructure was prevalent to support the elections. Finally, the government established the guidelines for Regional Head Election based on the COVID-19 health protocol. KEYWORDS: COVID-19 Pandemic, Regional Head Election, Regional Head Authority.
Corporate Social Responsibility and MNCs: An Appraisal from Investment Treaty Law Perspective Shamila Dawood
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.24262

Abstract

Recent investment treaties recognize corporate social responsibility (CSR) as a mechanism for regulating corporate behavior concerning the protection and promotion of human rights, social and environmental standards. These treaties often include a universally recognized soft law version of CSR developed by the International Labor Organization (ILO) and the Organization for Economic Co-operation and Development (OECD), considered prominent sources of CSR voluntary standards. This study analyzed significant advances in including such voluntary standards in investment treaty law, which led to implementing globally agreed norms regarding sustainable development into action. In addition to the inclusion of CSR standards in legally binding documents, this study argued that the practical issues involved in implementing the CSR standards should be addressed from the perspective of capital-dependent developing countries. To this end, this study adopted the due diligence test to apply CSR standards in cross-border investments better. For this purpose, theoretical analysis that combined descriptive and analytical approaches based on the available primary and secondary sources best suited current research. The study showed that applying CSR standards in capital-dependent developing countries was only possible when corporate, home state, and the host government took appropriate actions at the policy level. It concluded that such additional measures were needed to effectively implement CSR standards emphasizing prevention was better than cure and ensuring the appropriate due diligence process by the relevant parties. KEYWORDS: Corporate Social Responsibility, Investment Laws, Developing Countries.
Philosophy of Law: A Very Short Introduction by Raymond Wacks Yudi Yasmin Wijaya; Ananda Aminulloh
Indonesian Journal of Law and Society Vol 2 No 2 (2021): Law, Society, and Industrial Economy II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i2.24627

Abstract

The article is a book review that supposedly does not need an abstract

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