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Yosia Ardianto Setyawan
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INDONESIA
The Indonesian Journal of Socio-Legal Studies
Published by Universitas Indonesia
ISSN : -     EISSN : 28082591     DOI : 10.54828/ijsls
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
The objectives of The IJSLS are: to become a center of knowledge production and dissemination for socio-legal studies in Indonesia; to promote interdisciplinary studies of law; and to advance international cooperation and knowledge sharing in the field of socio-legal studies of Indonesia. The IJSLS focuses on, but not limited to, the following disciplines: Legal anthropology; Sociology of Law; Law and Politics; Law and Economics; Law and Psychology; Gender and Law; Health, Law and Society; Law, Social Change and Technology.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2, No. 2" : 6 Documents clear
The Digitization of Notarial Tasks - A Comparative Overview and Outlook of ‘Cyber Notary’ In Indonesia and Germany Koos, Stefan
The Indonesian Journal of Socio-Legal Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

This article highlights the newer discussion of the term "cyber notary" in the Indonesian legal context and compares the discussion with the discussion on the use of digital instruments for German notaries. The article notes that the concept of cyber notary is being discussed in Germany and other EU-member states as well, where the integration of digital and cyber elements into the notary system is considered as a way to make processes more efficient, accessible, and secure. This includes the use of digital signatures, online notarization, the use of notarial blockchains, or secure digital storage for notarized documents. However, the implementation of cyber notary systems in Indonesia is still in a very early stage and not yet fully regulated. Consequently, it needs more discussion for the consistent integration of digital instruments for notarial work into the legal system of Indonesia. The article provides a comprehensive overview of the situation of the digitalization of notarial tasks in Indonesia. It presents some new developments in Germany that are relevant for cyber notaries and may be interesting for the development of digitalization of notarial work processes in Indonesia. Finally, the article will discuss some aspects of the ongoing digitalization that may affect the profession of notaries in the future. As in all legal professions, we are facing future disruptive developments through digitalization, namely with artificial intelligence, blockchain technology, or cloud computing. The article aims to show that AI and blockchain technology will not replace civil law notaries in the near and middle term but will be integrated into the daily work of notaries as supporting instruments.
Sanak Value in Women’s Land Inheritance Rights: Case Study on Women Inheritance Land Rights in Karangpakuan, Sumedang, West Java Kurnia, Patricia Beata
The Indonesian Journal of Socio-Legal Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Karangpakuan Village is one of the villages in Sumedang, West Java, which territory was broken up into multiple parts by the government, as part of its land was submerged in the framework of the creation of the Jatigede Reservoir. Karangpakuan Village is one of the traditional Sunda Priangan villages, in which traditional customary inheritance norms based on bilateral kinship values are still practiced – despite the Islamic background of the community. These bilateral kinship values influence inheritance practices as these are not based on gender, but divided equally while considering other criteria, such as the number of children in the family and the role someone plays in the family. Using a qualitative-ethnographic research method, this article discusses the relationship between bilateral kinship values and customary inheritance practices in Karangpakuan Village. In addition, this article touches upon the issue of how parents reproduce bilateral kinship norms within a Muslim context.
Adat as Strategy for Legal Struggle and Legal Mobilization (Adat Sebagai Strategi Perjuangan dan Mobilisasi Hukum) Arizona, Yance
The Indonesian Journal of Socio-Legal Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

The word "adat" has several different meanings in Indonesia. Adat can be used to describe informal dispute settlement procedures, a habit that keeps repeating itself, or a norm that develops into a code of behavior. Adat is perceived in this article as a narrative and a strategy employed by oppressed groups to fight against various forms of exclusion, particularly in relation to land grabbing for resource extraction and conservation carried out by the state and private sectors. This article will analyze the evolution and distinctions of Adat-based studies and movements in Indonesia during the colonial and national periods. Using existing secondary material from various studies on indigenous studies and movements, this article shows the differences in agendas, strategies and actors that use adat in legal discourse and legal mobilization over time. The connection between local, national, and international contexts will also be covered in this study, along with how rural communities dealing with agrarian issues have turned to adat as a strategy for legal mobilization.
The Indonesia Legal Education: Advancing Law Student’s Understanding to Real Legal Issues Prasanthi, Antarin; ., Daryono
The Indonesian Journal of Socio-Legal Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Law has been claimed to be insensitive to the real legal issues that led to being unjust and controversial. Those real legal issues most commonly coexisted with the underlying social, cultural, economic, and political issues. In a civil law country, Indonesia, however, the courts often denied those non-legal issues into consideration. Similarly, legislative rules only focus on legal doctrines. They assumed that those non-legal issues were irrelevant to the court's role as the guardian of the rule. This misled understanding is more likely caused by a lack of comprehension of the multifaceted legal problems. One of the causes is the law graduate who is taught to be more a doctrinal-practiced lawyer than a legal scholar. The curriculum of law school in this regard has not adequately equipped law graduates with those real legal issues. There is a need for compulsory courses relevant to the socio-legal understanding to comprehend those non-legal issues that affect legal and normative order. The socio-legal understandings will take great consideration of rapid social changes and progressive rule in a transitional. This is relevant to the current Ministry of Education and Culture policy in 2020 known as the freedom to learn to open up a law curriculum with real legal issues and expand student comprehension of multidisciplinary perspectives on law. This paper examines the necessity to expand the law school curriculum for enabling the comprehension of the rapid social changes affected by the law and the need for progressive legal education reform in the civil law country Indonesia.
The Pitfall of Child Marriage Dispensation: A Study of Court Judgments in East Java (Dispensasi Perkawinan Anak yang Menjerumuskan: Studi Putusan Hakim di Jawa Timur) Fajriyah, Iklilah Muzayyanah Dini; Marhamah, Siti; Anggriani, Septiani
The Indonesian Journal of Socio-Legal Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

This article conducted study on court decisions on dispensation for marriage that occurred during the COVID-19 pandemic (June 2020 to February 2021) from the children’s rights perspective. The library research method was chosen to dissect 19 marriage dispensation decisions (12 decisions from religious courts and seven decisions from district courts) in Kraksaan and Sumenep districts, East Java. Child married couples were randomly selected with one or both parties under the age of 18. Three important findings in this study are: 1) the perspective of the best interests of the child has not been the main consideration for judges; 2) judges position girls as adults, standardize biased gender roles, and ignore children's experiences and aspirations; and 3) method of analysis that is not appropriate in measuring the meaning of a child's readiness to enter into marriage; neglect of children's basic rights, including education, reproductive health, and child development, as well as cultural bias makes the Marriage Dispensation Decision in this study a decision that is not in line with the prevailing laws on children’s rights.
Editorial Foreword IJSLS Volume 2 Number 2 Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

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