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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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Electoral Authoritarianism in Indonesia: The Legal and Political Machinery Behind Indonesia’s 2024 Election Karim, Zahlul Pasha
Indonesian Journal of Law and Society Vol. 6 No. 1 (2025): Indonesian Journal of Law and Society
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

This study examines the phenomenon of electoral authoritarianism in Indonesia through the lens of the 2024 presidential election victory of the Prabowo-Gibran ticket. Using a descriptive qualitative method, this research analyzes data from mass media and NGO reports to uncover how state power was strategically deployed to benefit one candidate. The findings reveal three core manifestations of electoral authoritarianism: (1) presidential intervention through policies, statements, and political actions in favor of Prabowo-Gibran; (2) active involvement of government officials—including ministers and regional leaders—in campaign activities; and (3) repression of opposition candidates via administrative obstructions and permit cancellations. These practices, although formally legal, violate democratic ethics and principles of electoral fairness, illustrating how legal frameworks were manipulated to maintain regime power while maintaining a façade of democratic legitimacy. The study concludes that Indonesia is experiencing democratic backsliding, marked by executive aggrandizement and strategic manipulation of elections—hallmarks of competitive authoritarian regimes that undermine the democratic process while preserving its superficial mechanisms.
State, Religion, and Symbolic Violence: Religious Discrimination and Intolerance in Indonesia Manuel , Elkristi Ferdinan
Indonesian Journal of Law and Society Vol. 6 No. 1 (2025): Indonesian Journal of Law and Society
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

ABSTRACT:  This paper explores the role of the state in Indonesia in perpetuating symbolic violence against religious minorities, as well as how the suppression of religious activities illustrates the state's failure to uphold its constitutional commitment to religious freedom. Motivated by the increasing incidents of discrimination and intolerance perpetrated by both the public and state authorities, this study aims to identify and critically analyze the mechanisms through which symbolic violence is enacted, the neglect of minority protections, and the legal rhetoric employed to legitimize such actions. Using a qualitative methodology that combines normative legal analysis with a critical sociological perspective, this research examines legislation, legal doctrines, and illustrative case studies. It draws on Pierre Bourdieu’s theory of symbolic violence, Karen Armstrong’s theory of aggression, as well as the principles of strict scrutiny and the conceptual distinction between 'security' and 'safety' as outlined in the ICCPR framework. The findings reveal that the state, both actively and passively, contributes to the production and normalization of symbolic violence, often yielding to majoritarian pressures and invoking 'public order' to curtail religious freedoms. Despite ratifying the ICCPR, Indonesia has not fully internalized its principles into national law, resulting in ambiguous human rights protections. This paper concludes that without structural reforms and a firm commitment to secular legal principles, the future of pluralism in Indonesia remains at risk. KEYWORDS: Symbolic Violence, Freedom of Religion or Belief, Intolerance, Pluralism
WTO Dispute Settlement and Intellectual Property Disputes: Tracing the Trends and Implications Islam, Mohammad Towhidul; Tasnim
Indonesian Journal of Law and Society Vol. 6 No. 1 (2025): Indonesian Journal of Law and Society
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

 Instead of a set of non-binding General Agreement on Tariffs and Trade (GATT) mechanisms, the Marrakesh agreement, the founding treaty of the World Trade Organization (WTO), instituted a binding framework for global trade disputes. WTO integrates a diverse array of dispute resolution mechanisms, both judicial and extrajudicial, along with essential authority to address trade and business matters, especially intellectual property disputes. Although this mechanism is relatively new, it has demonstrated an increasing number of IP matters being resolved. Involvement of major economies, good faith of the countries to implement and rectify actions, and speedy disposal of IP conflicts are commendable achievements of this body. However, it also poses some inevitable challenges of power imbalances, dependency on party bona fides and limitations in enforcement forces. With the proliferation of IP rights consciousness and its importance in world trade, this article uncovers how the WTO dispute settlement mechanism is navigating through the IP field. It assesses how effectively the WTO resolves disputes raised before it and what impacts the dispute settlement mechanism are making. This paper examines the role of WTO assessing the system’s strengths and weaknesses. It initially builds upon the basis by detailing the dispute settlement mechanism to resolve trade disputes, particularly IP ones. The discussion then changeovers to a case study approach to assess the mechanism’s role, followed by a critical analysis. Lastly, the paper scrutinizes the encounters prevailing in the system and tends to find probable actions required to unravel them for improvement.
Towards Equitable Justice: A Comparative Study of Legal Aid Movement in Indonesia and Australia Patiroi, Andi Daffa; Pachi, Rosina
Indonesian Journal of Law and Society Vol. 6 No. 1 (2025): Indonesian Journal of Law and Society
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

This paper discusses the legal aid movement in Indonesia and Australia. The inspiration for this paper stems from a curiosity about the intersection of law, social justice, and advocacy. This comparative approach sheds light on the strengths and limitations of each model, offering insights into how legal aid can adapt to evolving challenges and remain a vital tool for achieving equity and justice globally. Firstly, this paper examines the relationship between human rights and access to justice and compare laws between the two countries. Then, continue to the main point of this paper, namely the description of the comparison between Legal Aid Institute (Lembaga Bantuan Hukum, LBH) and Victoria Legal Aid (VLA) as the object compared in this paper. This research process uses normative juridical methods, namely legal research conducted by researching literature materials, which are secondary data. This research also employing historical-legal analysis, the study also compares the legal aid movements in both countries, tracing their development from historical origins to their application in cases handled from the past to the present. As a result, legal aid movement in Indonesia and Australia departs from the concept of access to justice sebagai bagian dari hak asasi manusia. In Indonesia, legal aid is spearheaded by LBH-YLBHI, an institution that exists as a response to the conditions of an authoritarian state based on the Structural Legal Aid (BHS) approach. Sedangkan di Australia, the legal aid movement was pioneered by the Legal Aid Act 1978, which exemplifies a structured, state-funded approach to legal aid.

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