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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 64 Documents
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Human Rights Violations in Indonesia’s National Strategic Development Project Herwati, Siti Rakhma Mary; Wungkana, Pascal David
Indonesian Journal of Law and Society Vol 4 No 2 (2023): Environmental Justice, Gig Economy, and Human Rights In Contemporary Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i2.43006

Abstract

The Indonesian Legal Aid Foundation has identified several typologies of structural land cases. One of them is land cases concerning the development of infrastructure projects. In recent years, the government has intensified particular infrastructure projects by designating them as National Strategic Projects (PSN). The designation of certain locations for these National Strategic Projects often overrules the consent of local communities who will be affected by the project. Some cases of infrastructure project development have occurred and impacted such communities. This paper will explicate how the accelerated development of infrastructure projects through the issuance of the Presidential Regulation on National Strategic Projects in 2016 and 2017 have violated community rights to land, the environment, and other human rights. The author will reveal the violation of these rights through examining cases on the construction of the Bener Dam in Central Java and the development of Bitung Toll Road in North Sulawesi. This paper projects one main finding that the government did not use the right to development approach and public needs-based approach in carrying out the project developments. Violations on a couple cases of development, such as Bener Dam and Bitung Toll Road, strengthen the analysis of governmental arbitrariness on conducting PSN in Wadas and Bitung.
Embracing the Gig Economy Yunita, Fenny Tria
Indonesian Journal of Law and Society Vol 4 No 2 (2023): Environmental Justice, Gig Economy, and Human Rights In Contemporary Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i2.43628

Abstract

The post-pandemic economic landscape has witnessed the emergence of a worldwide sharing economy system, commonly known as the ‘gig economy’. This system represents a significant transformation in labor and services exchange characterized by short-term jobs, freelance, or on-demand work arrangements facilitated by digital platforms. Recently, the gig economy has emerged as a highly promising employment preference due to its flexibility. However, it has also led to significant inequality issues for traditional workers. Moreover, this sharing economy system also exerts substantial impacts on the environment.
The Phenomenon of Child Marriage in the Pandemic Based on Legal, Social and Health Studies Sari, Rosnida; Rif'ah, Erwin Nur; Wildana, Dina Tsalist
Indonesian Journal of Law and Society Vol 4 No 2 (2023): Environmental Justice, Gig Economy, and Human Rights In Contemporary Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i2.38638

Abstract

This research reviews the phenomenon of child marriage during the pandemic, from a legal, social and health perspective. Based on data from UNICEF, Indonesia ranks eighth in the world with the number of child marriages reaching 1.4 million children. Data on child marriage from the 2018 National Socio-Economic Survey recorded that the number of child marriages in Indonesia was quite high, reaching 1,220,900 incidents. This means that about 1 in 9 women aged 20-24 get married before the age of 18. This research was conducted in Jember Regency by taking 17 representations in 9 sub-districts. This study uses a qualitative method with an observation and interview approach. From the results of the study, it was found that a small proportion of informants were legally married at Religious Affair Office because they had not met the minimum age for marriage, which was 19 years. Some informants applied for a marriage dispensation at the Religious Courts, and some falsified the date of birth by increasing the age so that it meets the minimum age for marriage. Before getting married, a small number of informants got engaged first and most of them did not go through the engagement process. Informants who are engaged are usually engaged for a relatively long time, between 10 months to a year and then get married. Child marriage is against fundamental rights and freedom of children. The recommendation from this study is the need for more intense socialization about the rules of marriage age and the dangers of early marriage, especially related to their health.
A Critical Evaluation of Environmental Dispute Resolution Mechanisms in Bangladesh Uddin, Md. Ala
Indonesian Journal of Law and Society Vol 4 No 2 (2023): Environmental Justice, Gig Economy, and Human Rights In Contemporary Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i2.41732

Abstract

Pollution is now the greatest dangerous threat to humanity. Nowadays, everyone scares pollution more than nuclear blasts. Human well-being and economic prosperity have made environmental conservation a critical global issue. Bangladesh is dealing with a number of environmental issues, including deforestation, land degradation, air pollution, water contamination, and biodiversity loss. In Part II (Fundamental Principles of State Policy) of the Bangladesh Constitution, Article 18A states, "The State shall strive to protect and develop the environment, as well as preserve and safeguard natural resources, biodiversity, wetlands, forests, and wild life for current and future inhabitants." However, Article 8(2) of the aforementioned Constitution stipulates that the fundamental principles outlined in Part II of the Constitution are not judicially enforceable. As a result, it is apparent that the Bangladesh Constitution does not contain any direct environmental protection. Furthermore, Bangladesh's constitution does not recognize the right to a healthy environment as a fundamental right. In Bangladesh, the environment doesn't at all promote healthy living. Severe air, water, and noise pollution endangers human health, ecosystems, and Bangladesh's economic progress. Population growth, the usage of fossil fuels, industrialization, and motorized vehicles all contribute to air pollution. Water contamination is the result of industrialization. The Government of Bangladesh has adopted various laws pertaining to environmental issues, such as the Environment Court Act, 2010, the Bangladesh Environment Conservation Act, 1995, the National River Protection Commission Act, 2013, the Bangladesh Water Act, 2013, etc. Despite the adoption of several laws and regulations, environmental pollution in the country persisted. This paper is qualitative in nature. The main purpose of this paper is to deliver a brief outline of the current legal regime dealing to the environment, as well as to identify environmental dispute resolution procedures within Bangladesh's existing legal framework. It will also investigate into the legal hurdles to pursuing environmental justice. This study presents some observations on achieving access to environmental justice for all population groups in Bangladesh.
When the Court Decisions Encourage Deforestation in Indonesia Rosariani, Putu Eka; Widiatedja, I Gusti Ngurah Parikesit; Qadam Shah, Muhammad
Indonesian Journal of Law and Society Vol 4 No 2 (2023): Environmental Justice, Gig Economy, and Human Rights In Contemporary Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i2.41195

Abstract

The abstract presents a critical analysis of the role played by court decisions in the prevention of deforestation. Over the past few decades, Indonesia has witnessed extensive deforestation, primarily due to the expansion of oil palm and agriculture. This has had a significant impact on Bali's tourism industry, which heavily relies on this sector for development. The Tahura Mangrove Forest Project serves as an example of a tourism venture that has resulted in damage to the forested area. Despite the prohibition of commercial projects on protected land, the government issued a utilization permit for the construction of guest houses. Rather than effectively curbing deforestation, this study demonstrates how controversial court decisions have actually encouraged it. The courts' assertion that public interest groups lacked standing to challenge violations of forestry laws, which could potentially cause environmental harm, was based on the argument that the damage was only a possibility during the planning stage and could not be accurately quantified. This paper identifies three factors contributing to the judges' adoption of a narrow standing test: their limited judicial competence, reliance on the Supreme Court's existence, and corruption.
Artificial Intelligence (AI) In Judiciary Processes Alam, Syariful; Salsabila, Mutiara Shaquila; Al-Fatih, Sholahuddin
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.42798

Abstract

Artificial intelligence (AI) is part of increasingly sophisticated technological developments in various sectors, including in the legal and judicial sectors. The data source used in this paper uses books and other literature in the form of articles in English from 2000 to 2023. Basically, AI can change the flow of trials in court, starting from pre-trial administrative matters and the trial process to post-trial as a form of rehabilitation for all parties. It is even possible that Ai will add other alternatives to the trial in its process so as to make the final decision produce a just and impartial decision. Even so, the application of AI is quite controversial, especially because the parties involved in the previous trial did not understand the matters that could be represented by the implementation of AI. growing points ultimately function effectively in the judiciary process. it's just that, in its management, carefulness is needed so that the trial runs effectively, not the other way around. guidelines must be made regarding AI governance, limitations in its implementation, especially the extent to which AI can work safely in the realm of justice until continuous research is needed on this matter.
The Intersection of AI Advancements in Judicial Systems and Media Trials Ramadhani, Evyta
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.48070

Abstract

In the ever-evolving landscape of jurisprudence, the integration of technology, particularly Artificial Intelligence (AI), has become increasingly prevalent, reshaping the dynamics of judicial proceedings and legal discourse worldwide. Concurrently, the phenomenon of "media trials" has gained momentum, particularly in countries like the United States and the United Kingdom, where media influence often intersects with legal processes. When talking about technological advancements, especially in the context of Artificial Intelligence, we often get caught up in thinking that technology is a neutral and objective entity. Advancements in AI have revolutionized various aspects of judicial systems, promising efficiency, accuracy, and accessibility. From case management to legal research and predictive analytics, AI-powered tools have emerged as indispensable assets for legal professionals. In adjudication, AI algorithms are increasingly utilized for tasks such as document analysis, evidence evaluation, and even judicial decision-making in some contexts.
Dual Empire of Penal System Tanaem, Jerymia Seky; Al-Uyun, Dhia; Aprilianda, Nurini
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.43718

Abstract

This study aimed to determine and analyze the "Ratio Decidendi" of Military judges at the Surabaya High Military Court III in deciding case Number 5K /PMT.III/AD/I/2022 against perpetrators of budget abuse by Military officials. The research method used by the author is a normative legal research method, by conducting research synchronization, systematics, and legal comparisons. The writer uses this type of normative legal research because, in formulating the problem, the writer emphasizes ratio decidendi to Military court decisions for misuse of budget management. This was influenced by the fact that Military Defendants who committed acts of misusing billions of rupiah in the budget were only sentenced to "Abuse of Power,” which refers to the Indonesian Military Code, with three months and twenty days in prison. In contrast to the main element, every person benefits himself and others or a corporation by abusing his authority, opportunities, or facilities available to him because this position or position can harm the country's finances and economy. Law No. 31/1999 Jo Law No. 20/2001 concerning the Eradication of Corruption Crimes should be a reference and basis for applying sanctions for criminal acts of corruption within the Military, not only referring to the provisions in the Army's Criminal Code. Keywords: Military Court, Military Penal Code, Corruption, Corruption Court, The Corruption Eradication Commission
Sustainable Development as a Legal Argument for the Global South Permana, Rizky Banyualam; Juwana, Hikmahanto; Afriansyah, Arie
Indonesian Journal of Law and Society Vol 5 No 2 (2024): Indigenous Human Rights and the Cultural Resistance
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i2.45427

Abstract

The concept "trade and sustainable development" is often associated with and can be traced to the Global North. However, there is a paradigmatic change in the employment of the concept as legal argument in the context of trade dispute. This paper especially focuses on the Indonesia – Raw Minerals dispute. In the WTO dispute concerning Indonesia's raw minerals export ban, the European Union (EU) challenged Indonesia over its export restrictions and Domestic Processing Requirement (DPR). Rather than invoking Article XX(g) of the GATT 1994, which addresses the conservation of exhaustible natural resources—a common approach among WTO members—Indonesia chose to rely on Article XX(d) of the GATT 1994. This article justifies trade restrictions necessary to fulfill WTO-compliant obligations, including the imperative to promote sustainable development in the minerals sector. Although Indonesia ultimately lost the dispute, its use of sustainable development as a defensive strategy merits examination. This paper analyses the narrative techniques Indonesia employed to defend its export restrictions and DPR measures in the WTO proceedings. Drawing on the “Neo” New Haven School perspective which emphasises critical perspective on international law, the paper views the dispute through the lens of “international law as language.” This approach posits that international law is intertwined with political realities and serves as a communicative tool for international actors to engage within the global community. Ultimately, this paper argues that Indonesia's invocation of "sustainable development" reflects legal mimicry, demonstrating how terminology originating from the Global North is now being appropriated as a legal argument by the Global South to empower them.
Nancy Pelosi's Diplomatic Visit Against US-Taiwan Military Agreement Provides China Threat Gunawan, Yordan; Mareto, Irvan
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.38214

Abstract

The Chinese government opposes the planned visit of the Chair of the House of Representatives of the United States (US) Nancy Pelosi to Taiwan. Beijing said the trip would endanger the sovereignty and territorial integrity of the Bamboo Curtain state. China is known to claim Taiwan as part of its territory. But Taiwan has repeatedly stated that it is an independent state under the name of the Republic of China. Taiwan has always maintained that Beijing has never ruled it and has no right to speak on its behalf. One of China's efforts to "reunify" Taiwan, as was discussed by President Xi Jinping 2021, said that reunification is a historical mandate and must be fulfilled. China has a military that is superior to Taiwan because apart from taking contingency actions against Taiwan, it is also to face the United States military in the Indo-Pacific. The United States will seek to support a politically, militarily, and economically democratic Taiwan. The US does not have a dismal relationship with Taiwan. But he supports Taipei in dealing with Chinese threats. US President Joe Biden even stated that his state was ready to deploy force if China attacked Taiwan. Keywords: Nancy Pelosi, Diplomatic, One China Policy, Agreement

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