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Muhammad Bahrul Ulum
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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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Jawa timur
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 64 Documents
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Examining the Reproductive Rights in the Wake of COVID-19 Pandemic in Nigeria Nnawulezi Uche; Bosede Remilekun Adeuti
Indonesian Journal of Law and Society Vol 2 No 1 (2021): Law, Society, and Industrial Economy I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i1.22191

Abstract

The prospect of achieving sustainable reproductive rights protection in the wake of the COVID-19 pandemic in Nigeria has remained an intractable problem. To identify and recognize reproductive rights, it is necessary to comprehend that reproductive right embraces certain human rights recognized in national and international laws, including international human rights’ documents. This paper examined the existing Nigeria laws on reproductive and health rights and ascertained the extent to which it had continually and predictably addressed the reproductive rights protection problem. There was a significant protection gap in the national human rights architecture. At the international level, among the poorer adolescent girls between the age of 15-19 years, it frequently resulted in early pregnancy and, of course, unsafe abortion. Thus, this gap related in particular to questions on lack of access to family planning services. This paper argued that improvement of reproductive and sexual health went far beyond the right to life and the right to health of women and girls. To guarantee Nigeria's reproductive rights, a more integral response to these critical human rights and development challenges could address Nigeria's protection gap. This paper adopted an analytical and qualitative approach by referring to existing pieces of literature achieved by the synthesis of ideas. This paper concluded that the adoption of a new approach to policies and programs on preventable maternal mortality and morbidity guaranteed the right to attain the highest standard of sexual reproductive health in Nigeria. KEYWORDS: Reproductive Rights, Health Issues, COVID-19 Pandemic, Nigeria.
Compensation Arrangements in Expropriating Goods and Equipment: An Indonesian Experience Misbahul Ilham; Bhim Prakoso; Ermanto Fahamsyah
Indonesian Journal of Law and Society Vol 1 No 2 (2020): Contextual Issues on Law, Policy, and Society II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i2.23433

Abstract

After the change of oil and gas production sharing contract scheme in 2017, the expropriation of goods and equipment has become the main clause in the Production Sharing Contract (PSC) contract. As a substantial production subsidiary, oil and gas exploitation is controlled by PSC. This paper aimed to examine the PSC contract, Oil and Gas Law, and upstream oil and gas business ordinance to expropriate goods and equipment. The PSC outline contains ownership of natural resources, the working area of ​​oil and gas operations, oil and gas reserves, capital, and sophisticated supporting goods and equipment. However, the problem in the contract dealt with the ownership of goods and equipment purchased by the contractor. The cooperation contract regulated that goods that support oil and gas operations were included in the category of State Property without compensation. The provisions in the contract tended to be detrimental to the contractors who have carried out the exploration stage but did not find oil and gas reserves until the specified time limit. This paper used normative legal research to analyze the regulation of clause the expropriation of goods and equipment and statute approach to explore the clause from various regulations. The result showed the acquisition of ownership of goods and equipment in the PSC, upstream oil and gas business regulation was not regulating the compensation arrangements. KEYWORDS: Natural Resources Law, Upstream Activities, Compensation Arrangements.
The Future of Constitutional Complaint in Indonesia: An Examination of Its Legal Certainty Standy Wico; Michael Michael; Patricia Louise Sunarto; Anastasia Anastasia
Indonesian Journal of Law and Society Vol 2 No 1 (2021): Law, Society, and Industrial Economy I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i1.21449

Abstract

To date, there is no trial mechanism for Indonesian citizens to claim their rights through the constitutional complaint, even if the Constitutional Court has existed since 2003. Consequently, there has been a mechanism for upholding and promoting constitutional rights, and it has been regarded to improve Indonesian democracy. Adhere to this view, in democratic states like Indonesia and Germany, constitutional rights are often ignored by the state, even though these rights are essential in the rule of law. This paper aimed to revisit the range of a constitutional complaint following its legal certainty wield to the Indonesian Constitutional Court. This paper used juridical research by examining legal principles, legal systematics, legal synchronization, legal history, legal theory, and using a comparative law approach. This paper showed that as the constitutional complaint different from judicial review, the adoption of this mechanism should be an alternative instead of an ultimate mechanism under the constitutional rights doctrine. To ensure legal certainty to a constitutional complaint, a legal basis was needed by regulating and applying it for actual implementation in society. Meanwhile, the Constitutional Court in adjudicating a constitutional complaint could be realized through the amendment of the 1945 Constitution. KEYWORDS: Constitutional Complaint, Constitutional Court, Indonesian Constitution.
Optimizing Omnibus Law in Indonesia: A Legal Enquiry on the Use of Artificial Intelligence for Legislative Drafting Zaki Priambudi; Namira Hilda Papuani; Ramdhan Prawira Mulya Iskandar
Indonesian Journal of Law and Society Vol 2 No 1 (2021): Law, Society, and Industrial Economy I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i1.21787

Abstract

The omnibus law model is often regarded as a practical solution to harmonize and synchronize statutory regulations. In practice, the application of this model tends to be pragmatic and less democratic. This paper aimed to analyze the essential considerations and challenges of implementing the omnibus law model in Indonesia and the further relevance of applying Artificial Intelligence (AI) in the legislation. By combining doctrinal and socio-legal research, this paper demonstrated the potential for AI in optimizing the omnibus law model legislation. The results of this study indicated that AI could not immediately replace the role of legislative institutions and only acts as a tool and not as a determinant in the legislative process. There were two AI features that could assist legislative bodies in designing the omnibus law model. They were document review as a construction scanner for legislation and predictive analytics as a prediction system. Both could help legislative bodies in optimizing the omnibus law model, which tended to have a high complexity level. As a follow-up, it was expected that the government could create a special institution that focused on optimizing AI-based legislation. KEYWORDS: Omnibus Law, Artificial Intelligence, Legislation, Public Participation.
The Dispute on State Institutions' Authority: An Analysis from the Newmont Divestment Case Syahra Ramadhani; Maynanda Shadrina; Sholahuddin Al-Fatih
Indonesian Journal of Law and Society Vol 2 No 1 (2021): Law, Society, and Industrial Economy I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i1.21495

Abstract

It is argued that Indonesia has three main institutional functions, inter alia, executive, legislative, and judiciary. They are interlinked as constitutional organs due to their respective positions and functions. In this context, the inter-state institutions have a supervisory body that controls other institutions due to checks balances. As a result, it can lead to disputes among them, usually related to constitutional authority discourse. This paper analyzed the differences in implementing the existing laws governing an institutional power and function that encouraged disputes by taking the Newmont divestment case as an example. This paper's method was juridical research, with statutory, case, and conceptual approaches. The paper showed that state institutions inter alia, the President, the House of Representatives, and the Financial Audit Agency, shared the same authority to resolve the Newmont divestment case. The complexity of this case involved many parties, which dealt with the contention of the purchase of 7% shares of Newmont Nusa Tenggara Company. Consequently, this case was resolved and decided in the Constitutional Court with disputes over state institutions' authorities. This paper recommended a further elaboration on the limits and meanings of state institutions. KEYWORDS: Constitutional Disputes, State Institutions, Newmont Divestment.
The Dark Side of Tobacco Industry's CSR: A Socio-Legal Analysis of the Indonesian Corporate Hegemony Campaign Auditya Firza Saputra
Indonesian Journal of Law and Society Vol 2 No 1 (2021): Law, Society, and Industrial Economy I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i1.21943

Abstract

As the only country in the Asia-Pacific region that has not yet accessed the Framework Convention on Tobacco Control (FCTC), Indonesia faced an alarming smoking prevalence rate. The situation has worsened during the COVID-19 outbreak because excessive tobacco smoking behavior increased people’s health vulnerability. Despite the destructive impact, most Indonesian citizens shared a common belief about the tobacco industry's importance to the economy. This paper aimed to seek the primary legal issue to reveal how the hegemony latently operated. It deconstructed the established dogma about the industry's misperceived social reputation that frequently served as justifications favoring the industry. Narratives on economic contribution and the industry’s philanthropic campaigns displayed the industry as the protagonist sector and played a significant role in creating a false public opinion on the tobacco industry's reputation. Using a qualitative socio-legal approach, this paper critically described how the industry used the hegemonic methods manifested in Corporate Social Responsibility (CSR) campaigns, which contradicted the ethical principle to secure its market dominance. As a result, the partial legal approach to tobacco control regarding CSR encountered minimalist market interventions from the government, which emerged as the main causes of such an anomaly. As the tobacco control challenge predictably got more difficult on the verge of an economic downturn, the urgency of accessing the FCTC was highly crucial to saving citizens from the upcoming demographic calamity. KEYWORDS: Tobacco Industry, Business and Human Rights, Corporate Hegemony.
Law in Changing Societies: Spectra of the COVID-19 and Industrial Economy Issues Muhammad Bahrul Ulum
Indonesian Journal of Law and Society Vol 2 No 1 (2021): Law, Society, and Industrial Economy I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v2i1.23616

Abstract

The Editorial Board proudly presents the recent publication of the Indonesian Journal of Law and Society Volume 2 Issue 1 (March 2021). It is the third issue that the journal has consistently and rigorously selected manuscripts for publication from March 2020. In this issue, the critical topics examined by the authors mainly deal with the recent discourses on the law in changing societies, which includes its impacts from COVID-19 to the way of the Indonesian government that strived for leveraging more investments to end up an industrial economy. In this second year, the Indonesian Journal of Law and Society covers five scholarly papers. This issue spans from Indonesia’s hegemony campaign in tobacco industries, Nigeria’s reproductive rights in the wake of the COVID-19 pandemic, Indonesia’s constitutional complaint against constitutional rights, Indonesia’s AI-based legislative drafting, to state institutions’ dispute settlement from the Newmont divestment case.
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.

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