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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 5 Documents
 1 
Search results for , issue "Vol. 4, No. 1" : 5 Documents clear
‘Constellations’ and ‘Entanglement’ in The Study of Legal Pluralism: Reflections on The Scholarship of Keebet Von Benda-Beckmann Mahy, Petra K, Dr
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

Two key terms permeate the work of Keebet von Benda-Beckmann (and of her co-authors, especially Franz von Benda-Beckmann) in her discussions of legal pluralism: ‘constellations’ and ‘entanglement’. These terms are both concerned with describing the existence of, and interrelationships between, plural legal orders. This article critically analyses these two terms, their usage and implied meanings, and compares them with other alternative concepts employed elsewhere in legal pluralism and cognate literature. With reference to empirical evidence on plural work regulation in Indonesia, I argue that the terms have some descriptive benefits for understanding the realities of plural legal orders, but still leaves many aspects under-theorised.
New Ways of Teaching Adat (Customary) Law at Indonesian Law Schools Utama, Tody S.J.; Simarmata, Rikardo; Vel, Jacqueline A.C.; Bedner, Adriaan W.
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

While customary law typically is not the sole legal system regulating people's daily lives, it still plays a big role in shaping the behavior of countless individuals worldwide. For this reason, law schools in many countries teach customary law courses, but these courses often present customary law as a sterile set of principles and norms detached from studying social reality. This approach associates customary law with traditional communities whose members live in relative isolation from the world, ignoring the fact that customary law operates in a legally pluralistic universe, interacting with religious and state law systems, and that it adapts to new economic and social conditions. This way of teaching customary law is common in Indonesia. The present article discusses the origins of the current situation and the need for innovations in customary law courses in Indonesia. We analyze the current shortcomings and challenges in the existing adat (customary) law courses and propose socio-legal approach to improve their relevance. This new approach aims to equip students with knowledge that has more practical relevance and enhances the course’s doctrinal features. In so doing, we pay tribute to Keebet von Benda-Beckmann’s indefatigable efforts to better understand and recognize the importance of adat in the context of legal pluralism in Indonesia.
Exploring Keebet von Benda-Beckmann's Legal Pluralism in Slum Transformation: An Ethnographic Study of Urban Revitalization in Indonesia Koeswahyono, Imam; Maharani, Diah Pawestri; Rahmawati, Nadyah Maylika; Ismudyahwati, Ika
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

Slum areas in Indonesia present a significant challenge, with government programs such as the National Slum Upgrading Program (NSUP) aiming to address urban poverty and improve living conditions. Despite the implementation of formal policies, the interplay between legal frameworks and local practices often determines the success of such initiatives. Drawing on Keebet von Benda-Beckmann’s theory of legal pluralism, this research examines the transformation of slums into productive and sustainable zones, focusing on Kampung Jodipan, Kampung Heritage Kajoetangan, and Kampung Kreatif Dago Pojok. These case studies reveal how formal legal systems interact with informal norms and community-driven practices in achieving urban revitalization. Using an ethnographic approach, the study employed in-depth interviews, participant observation, and analysis of legal documents to explore the dynamic collaboration between government, private stakeholders, and local communities. The findings indicate that while government-led initiatives like the NSUP provide vital resources and frameworks, the integration of informal community norms and active local participation plays a pivotal role in the success of slum transformation projects.This research concludes that sustainable urban development requires a balance between formal policies and grassroots efforts. The coexistence of multiple legal systems, as framed by Keebet von Benda-Beckmann’s legal pluralism, offers a critical lens to understand how collaborative governance can address urban poverty. The study emphasizes the importance of culturally embedded, adaptive approaches that bridge formal and informal systems to create inclusive and sustainable urban spaces.
The Shadow of Legal Pluralism in Indonesian Islamic Courts: Child and Spousal Maintenance van Huis, Stijn Cornelis
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

This paper is inspired by Franz von Benda-Beckmann’s notion of “bargaining in the shadow of legal pluralism” and applies this notion to spousal and child maintenance negotiations that take place between judges, husbands and wives within divorce processes at Indonesian Islamic courts. I will argue that in the context of Muslim family law practice in Indonesia, the legal plural situation does not only influence out-of-court negotiations, but formal legal processes within the Islamic courts as well. It follows Keebet von Benda-Beckmann’s example in analyzing the legal plural dynamics of women’s claiming process comprehensively, by investigating the interconnectedness of the pre-trial, trial and post-trial phases of the pos-divorce maintenance claiming process. I will show how the non-state normative frameworks that dominate claiming processes in the pre-trial and post-trial phases cast their shadow over judicial proceedings in the court room. The paper concludes that the weak normative and persuasive force that maintenance court orders have within the non-state normative frameworks of local communities correlates with how Islamic courts treat women’s post-divorce maintenance claims. The shadow of legal pluralism in this case means that women have a disadvantaged bargaining position vis-à-vis their husband when they attempt to claim their statutory post-divorce rights through a court process.
Editorial Foreword IJSLS Volume 4 Number 1 Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

The late “Ibu” Keebet von Benda-Beckmann made a significant contribution to the development of legal anthropology, particularly in Indonesia, where she is regarded as a pioneer of the field. Together with her husband, Franz von Benda-Beckmann, she conducted research in Indonesia for more than 40 years, inspiring and laying the foundation for many Indonesian legal scholars to conduct research in legal anthropology and socio-legal studies. The Benda-Beckmann's works have become key references for legal anthropologists, proponents of legal pluralism, and socio-legal scholar around the world, to the extent that their theories and methodologies—particularly those related to the concept of legal pluralism—have become part of the universal canon of legal anthropology.

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