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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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Creative Economy and Cultural Heritage Governance Purnomo, Septian Rahmat; Rosa, Dien Vidia; Prasetyo, Hery
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.v5i2.49219

Abstract

This study investigates the social consequences of issuing a letter from the East Java National and Political Unity Agency (BAKESBANGPOL) Number 300/5984/209.5/2023, which ostensibly aims to manage conflicts between martial arts schools. However, it has inadvertently undermined the creative economy development program. The BAKESBANGPOL letter was a provincial government intervention to an oversimplified approach to conflict resolution by demolishing martial arts school monuments. The research uses Ethnographic methods and Foucault's perspective, which emphasizes the text's intertextuality and the diversity of social contexts. This research finds that government policy represents a failure of the power system to recognize the cultural practices of civil society. It is because the exerted power cannot fully control the subject of power or the counter-power articulated by martial arts schools. In contrast, the Madiun City Government optimizes the creative economy's potential by promoting the city as a martial art. The frequent construction of martial arts statues contradicts the demolition of martial arts monuments, highlighting the tension between disciplining and fostering the cultural economy. This contradiction raises essential issues regarding the limits of government power to construct a surveillance system and the presence of civil society subjectivity. As a result, social spaces become fields where tactics developed to negotiate the domination of the local and provincial government power. Thus, this research argues that the representation system of civil society within governance does not fully guarantee equality, consensus, or continuity. The letter highlights dynamic power relations structured through spatial politics, characterized by the inseparability between the state apparatus and elements of civil society. Hence, the government must articulate an inclusive strategy that recognizes cultural practices and allows creative economy programs to evolve.
Democratization of Filling Regional Head Positions Rogers, Maurice; Sagala, Christo Sumurung Tua; Munte, Herdi
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.v5i1.39425

Abstract

The 2024 simultaneous regional head elections have significant implications for leadership vacancies across various regions. Consequently, to address these vacancies, interim regional heads will be appointed until definitive regional heads are elected following the 2024 elections. This paper aims to scrutinize the representation of the populace within the framework of appointing regional heads in Indonesia and to evaluate the concept of democratization as an ideal approach for selecting acting officer of regional heads. Through a normative analysis of diverse sources and prevalent social phenomena, it is asserted that democratization in the process of appointing regional heads is imperative for fostering leaders' accountability to their constituents. However, the current practice of appointing regional heads in Indonesia often diverges from democratic principles. Central government retains exclusive authority to appoint acting officer of regional heads through a closed, non-transparent process devoid of public participation. This process risks signaling vested interests between the appointing authority and the recipients of office. Therefore, reforming the system for appointing acting officer of regional heads becomes imperative to facilitate public involvement directly or through parliamentary institutions. This involvement should span the proposal, discussion, determination, monitoring, evaluation, and dismissal stages of acting regional heads. Furthermore, candidates for these positions should be limited based on the principle of regional autonomy. This entails requiring candidates to originate from the state civil apparatus as administrative officials or civil servants with extensive experience in the relevant region. Such requirements ensure that candidates possess a comprehensive understanding of governmental managerial duties, public service obligations, and the specific conditions and needs of the region and its populace. Keywords: Regional Head Vacancy, Representation of the People, Acting Officier of Regional Head, Simultaneous Regional Head Election 2024
Limitation Of Authority For The Government To Access Information For Tax Purposes In The Perspective Of Law And Human Rights Munir, Ahmad; Djatmiati, Tatiek Sri; Aisyah, rr. Herini Siti
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.v5i2.45296

Abstract

Regulation regarding access to financial information for tax purposes gives authority to the government delegated to the Directorate General of Taxes to obtain access to financial information from financial service institutions. This is considered contrary to the right to privacy and confidentiality, resulting in the need to limit government authority to protect taxpayers. This research answers taxpayers' doubts about government authority over access to financial information and gains taxpayers' confidence in the security and confidentiality of financial information. This research uses normative juridical methodology with a statutory and conceptual approach related to tax information disclosure. Legal protection for taxpayers must be implemented based on the rule of law by limiting the government's authority to access financial information for tax purposes. Changing permission to become a dispensation in regulations regarding access to financial information for tax purposes must provide justice for taxpayers so that there is no freedom from government authority. So, it would be unfair to treat compliant taxpayers like non-compliant taxpayers. Obedient taxpayers have carried out their obligations and are entitled to the right to privacy and confidentiality of their financial information. For this reason, it is necessary to limit the authority for the Directorate General of Taxes so as not to take arbitrary actions in accessing taxpayer financial information, as well as ensuring the confidentiality of financial information, so as to create fairness in the implementation of access to financial information for tax purposes.
Beyond the Lens Alif Ovi, Dewan; Sakib, Mohtasin
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.v5i1.44199

Abstract

The growing number of media trials in Bangladesh is threatening the protection of human rights, especially the right to privacy. This ubiquitous phenomenon intertwines with the fundamental fabric of societal dynamics in this nation. A person's right to privacy is put under threat when they are publicly vilified through the media before their day in court, highlighting the reciprocal nature of media trials and the judicial process. This research critically evaluates the degree to which media trials infringe upon the basic rights of individuals through the use of a qualitative approach. The article explores the intricate relationship between media trials and the fundamental human right to privacy. This analysis rigorously examines the impact of media intrusion on the infringement of individuals' rights to privacy. It also talks about the tricky problem of finding the right balance between protecting the media's valued independence and putting reasonable limits on them, as required by local laws and global policy frameworks. Key findings show that privacy and media freedom are constitutionally protected. The study notes that extensive media trials influence public opinion, throw doubt on justice, and invade privacy. Media freedom and privacy must be balanced in the nation's emerging democracy. The paper suggests setting specific digital media rules, creating a social media regulating agency, and restricting police information sharing during investigations to prevent prejudiced media trials. Journalistic integrity and impartiality must be promoted, and government regulatory authorities should be reinforced to regulate media outlets. In the changing democratic landscape of Bangladesh, this article takes on the difficult job of looking into ways to find a balance between media freedom and the inalienable right to privacy. Keywords: Media trails, right to privacy, Fair trail, Excessive media effects, Legal instruments, Balancing.
Accessibility of Pharmaceutical Product Patents for Public Health Through the TRIPs Waiver Muis, Lidya Shery
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.v5i1.38647

Abstract

TRIPs waiver is a bilateral or multilateral agreement proposed by member countries as an exception to the TRIPs agreement during the Covid-19 pandemic. The TRIPs waiver aims to urge WTO member countries to exclude and waive the obligation to protect Intellectual Property Rights and patent flexibility in the form of mandatory licenses, implementation of patents by the government, parallel imports, and bolar provision for the prevention, handling and treatment of Covid-19 during the pandemic. Most of the technology and pharmaceutical products used in handling Covid-19 are objects protected by IPR. This means that anyone is prohibited from producing, selling, importing and exporting these objects without the permission of the IPR holder. So this will hinder the access and availability of pharmaceutical products. This normative juridical study aims to examine the importance of the application of TRIPs waiver in access and availability of pharmaceutical products and examine the policies of WTO member countries towards the proposed implementation of TRIPs waiver. According to the findings of this article, TRIPs waivers are needed in the Covid-19 pandemic, but many regulations must be regulated for their implementation. It is better to use the patent flexibility that has been regulated in each member country. The implementation of patent flexibility can be adjusted according to the abilities of each member country in terms of access and availability of pharmaceutical products during Covid-19. Keywords: Patent, Pharmaceutical Products, Public Health, TRIPs Waiver.
She Fought Against Coal: Women and Children of Coal-Free Bataan Movement Almira, Kathryn Narciso
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.v5i2.52181

Abstract

The latest World Risk Index ranked the Philippines as the most disaster-prone country in the world. Each year, around 20 typhoons on average batter the Philippine archipelago, which straddles the typhoon belt and the Ring of Fire in the Pacific. Despite the looming threats of disasters, the country’s continued reliance on coal to meet its power needs exacerbates the existing impacts of climate change. For the poorest and most vulnerable children and families who have the least ability to cope, the devastating consequences may hit the hardest and the longest. Framing the climate crisis through a human rights lens, this engaged research draws upon ethnographic and archival research to explore the gradual injuries of living along the fenceline of a coal-fired power plant and situate the findings within the framework of environmental justice in light of the “sana-dapat” (human rights) of women and children in the coal-affected community of Lamao in Limay, Bataan. This paper expands the analysis of the findings through Nixon’s notion of slow violence (2011), which is “a violence of delayed destruction that is dispersed across time and space,” highlighting the intergenerational persistence of toxins that may result in flow-on effects even in land, water, and human bodies, including unborn babies. Elaborating the temporal and spatial complexity of the cumulative harms of toxic pollution to human and environmental health, the study further examines how the everyday burdens of coal produce the conditions for grassroots action among women and children, and contribute to the growing climate justice movement in the country. Keywords: environmental justice, slow violence, human rights, coal pollution, climate change
Unpacking Living Originalism and Living Constitutionalism in the Constitutional Contexts of India and Pakistan Ali, Muhammad Imran
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.v5i2.46658

Abstract

Originalism versus living constitutionalism is widely regarded as one of the most contentious current battles over constitutional interpretation. Originalism as a theory seeks to instill original understanding of constitutional provisions in a contemporary constitutional premise by opposing the broad interpretive practice known as living constitutionalism, which prioritizes modern understandings. Originalism theory is an interpretation theory whereas living constitutional theory is a construction theory. Although interpretation is only one activity, it is insufficient to make the Constitution functional. Construction, which involves putting the principles into practice and laying out the institutions that will carry out constitutional functions, is another activity that leads to the establishment of constitutional provisions. When it comes to living Originalism, however, it is the interpretation of provisions that is done to determine the true and actual meaning. It advocates both forms, namely originalism and living constitutionalism which appear to complement one another. The Indian Constitution is a blend of rigidity and flexibility and thus supports living originalism, whereas emerging trends in Pakistani courts favour living constitutionalism. This article analyzes the living originalism approach within the Constitution of India and the living constitutionalism method inside the Constitution of Pakistan. It explores the nuanced views on constitutional commitments within these frameworks, elucidating the impact of interpretative techniques on prison discourse, judicial decisions, and standard constitutional tendencies in both South Asian countries. By delving into these procedures, this has a look at goals to provide a complete knowledge of ways they make a contribution to the evolving nature of constitutional interpretation and governance in India and Pakistan. This article adopts a literature review method.
Impact of Waqf Property at Primary to Higher Islamic Educational Institutions in Bangladesh: A Study Islam, Mohammad Saiful; Rahman, Md. Masudur
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.v5i2.45116

Abstract

Since the arrival of Islam in the Indian subcontinent, the waqf has been playing a vital role in spreading the spirit of Islam. It is a Muslim's religious endowment to a religious, educational, or charitable cause. It is also an ongoing charity (Sadaqah Jariyah). Muslims, inspired by the Prophet Muhammad (p.b.u.h.) and his traditions, offer their belongings and property in the name of Allah in order to please the Almighty Allah and find peace in the afterlife. Since the early days of Islam in the Indian Subcontinent, the waqf property has developed social, educational, economic, health, and many other philanthropic organizations throughout Bangladesh. The importance of educational institutions stands out among hundreds of waqf institutions. People donate generously to teach and promote Islamic knowledge and institutions. In most situations, waqf property results in the preaching and promotion of Islam, as well as the production of practicing Muslims and Islamic philosophers. Thousands of Islamic educational institutions, mosques, maktabs, and hospitals have been formed as charitable organizations in the country's different localities through the asset of waqf. The majority of waqf properties are managed by locals. People have been inspired for centuries to expedite such endowments around the country. The paper focuses on how the waqf property plays an important role in Islamic educational institutions and how it affects the people and society of Bangladesh.
The Clear Pathway of the Constitutional Court's Decision on Adherents of Belief In Indonesia Wahanisa, Rofi; Mukminto, Eko; Al Fikry, Ahmad Habib; Rachmawati, Fairus Augustina
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.v5i2.47729

Abstract

The conception of state of law holds the principles of human rights protection and independent as well as unbiased justice in its implementation. The Constitutional Court has a significant role in reviewing constitutionality under the constitution as stipulated in Article 24C paragraph (1) of the Constitution. The Constitutional Court's functions result in final, binding decisions. Judges play a crucial role in implementing impartiality and upholding laws in society. This notion corresponds to Article 5 paragraph (1) of the Law of Judicial Power and the theory of progressive law which view that laws are established for human life. The objectives of this article is: (i) pinpoint the functions of the Constitutional Court in reviewing the Law of Civil Administration; and (ii) uncover the implications of the Constitutional Court Decision Number 97/PUU-XIV/2016. The writer used a normative legal research. The results indicate that (i) in reviewing the Law of Civil Administration the Constitutional Court serves its functions as a constitutional guard, constitutional interpreter, human rights protector, and democracy protector. First, in reviewing a quo law the judges’ considerations are based on the 1945 Constitution as the realization of upholding the constitution. Second, as a constitutional interpreter, the judges interpret religions and beliefs are an integral entity. Third, granting the request of reviewing a quo law is considered as a concrete manifestation of fulfilling and protecting human rights, in this case native-faith followers. Fourth, the request granted provides a clear pathway for acknowledging the identity of native-faith followers so that they can freely practise their faith. (ii) The decision of a quo has massive implications for society and leads to the establishment of laws as a tool of social engineering. Recognizing native-faith followers in civil administration establishes a new norm, ensuring their rights are implemented and fulfilled. KEYWORDS: State of Law, Constitutional Court Decision, and Native Faith.
Challenging Government Overreach Munir, Ahmad; Djatmiati, Tatiek Sri; Aisyah, rr.Herini Siti; Santoso, Bagus Teguh
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.v5i2.53625

Abstract

This research examines the implications of Law No. 9 of 2017 on Access to Financial Information for Tax Purposes (IKKP), which grants the Indonesian government, through the Directorate General of Taxes, extensive access to financial information from financial service institutions regarding any taxpayer. Article 6 of this law further provides immunity to government officials, including those from the Ministry of Finance, the Financial Services Authority, and financial institutions, from criminal or civil prosecution under the pretext of “carrying out duties.” This broad authority and immunity raise concerns about potential violations of taxpayer privacy rights, especially for those who have diligently fulfilled their tax obligations. The research argues that such unrestricted government access contradicts the right to privacy for all taxpayers, necessitating legal limitations to safeguard individual rights. The study emphasizes the importance of equitable treatment in ensuring that justice is maintained, particularly for compliant taxpayers. Utilizing a normative research methodology, which includes legislative, conceptual, and comparative approaches, this study highlights the potential conflict between the IKKP Law and other existing regulations, such as Law No. 7 of 2021 on Harmonization of Tax Regulations (HPP) and Law No. 27 of 2022 on Personal Data Protection (PDP). The research underscores the need for a balance between tax transparency and the protection of personal financial data. In conclusion, this study calls for legal action, such as judicial review, to prevent the IKKP Law from undermining human rights and the supremacy of law. Protecting taxpayer privacy within a democratic legal framework is essential to achieving justice and upholding the principles of a Rechtsstaat.

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