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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
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Search results for , issue "Vol. 4, No. 2" : 6 Documents clear
Examining the Legal Responsibilities and Key Challenges of Personal Representatives in Malaysian Inheritance Management Drs Nasrul, Muhammad Amrullah; Zairin Zain, Anis A'fifah; Wan Mohd Salim, Wan Noraini
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

Personal representative connotes a person authorised under the law to manage the estate of the deceased person. The personal representative is responsible to gather all the assets belonging to the deceased and distribute the assets to the beneficiaries legally. The process of inheritance management in Malaysia requires a formal application to be made to the administrative bodies for the appointment of a personal representative, either as an executor or administrator. However, instances of misappropriation of the deceased’s estate by personal representatives have raised serious concerns, affecting the proper administration of estates and the rights of beneficiaries This study emphasises on the highlighted issue based on their frequency of recurrence, which calls for prompt attention and resolution from the socio-legal perspective. The research method adopted under this study involves library-based research, which focuses on a review of legal texts, case law, academic journals, and statutory provisions including but not limited to the Distribution Act 1958, Federal Constitution and Small Estate (Distribution) Act 1955. The study found that having comprehensive knowledge of the rights and duties of personal representatives is paramount in ensuring the completion of inheritance management. This is coupled with the elements of trust and honesty expected to be exercised by the personal representative to ensure smoothness and consistency in inheritance management.
From Australian Influence to Rohingya Refugees: A Systematic Literature Review of Asylum Seekers and Refugees in Indonesia Dewansyah, Bilal
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

The fact that Indonesia hosts asylum seekers and refugees attracted not only policy debate and media attention but also academic research. However, no systematic review has been conducted to assess the scholarly literature on this topic. This article is intended to fill this gap by presenting a systematic literature review (SLR) on asylum seekers and refugees in Indonesia. As a result, I found five major themes in the reviewed literature: (1) the focus on the Indonesia – Australia relationship; (2) people smuggling; (3) refugees’ journey and living conditions in Indonesia; (4) Rohingya refugees; (5) legal protection and refugee status. However, this review also found some topics understudied as avenues for further research, such as the policy-and-lawmaking process, and the officials’ discretion or discretionary decision-making in implementing law and policy related to refugees, as well as the role of religion and ethnicity in law and policy on this matter. More importantly, this body of literature informs valuable findings, such as refugees’ self-surrender to the immigration detention centers and an acute silos tendency in Indonesian refugee governance that can contribute to the theoretical debate in this field.
Navigating Crisis: An Intersectional Analysis of Marginalized Women’s Role in Sustaining Community Cooperatives Through The Covid-19 Pandemic Widyaningtyas, Rizky Septiana
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

This study analyzes the challenges faced by PEKKA women in Bantul regarding economic empowerment amid the Indonesian government's social restriction policies. It also explores the strategies these women have implemented to survive and strengthen community cooperatives during and after the pandemic. Using a socio-legal method with an intersectional approach, the results indicate that the pandemic and social distancing measures have significantly impacted the economies of female-headed households compared to those supported by both husbands and wives. This impact is particularly pronounced for women who run small businesses that had to close during the pandemic. PEKKA women work collectively in community cooperatives to support their members who are experiencing economic difficulties. This community economic empowerment is supported by various capacity-building programs for strengthening skills and business diversification. As a result, PEKKA women have been able to overcome adversity and emerge stronger after the pandemic. This experience demonstrates that individual women's empowerment and collective empowerment are closely interconnected. The relationship between the two suggests that individual agency can lead to collective empowerment, while, conversely, collective empowerment can also influence individual growth. Through the analysis of gender and class intersectionality, the similarity of the background of women who are members of the PEKKA cooperative strengthens the bonds between them and becomes a significant driver to overcome adversity. In contrast, cooperatives with heterogeneous members tend to experience decline.
Struggling Access to Justice through Mediation in Bangladesh: Headway Lessons from Australia Chowdhury, Jamila A; Siddiqui, Mehnaz
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

Enormous case backlog and protracted delays in courts are hindering access to justice in Bangladesh. Consequently, an initiative to provide quick and low-cost consensual justice through mediation was first initiated in the family courts of Bangladesh in the year 2000. However, although after an initial success, the system has been struggling over the decades. While contemporary research has identified various constraints causing such meager disposal of cases in family courts, using expert interviews of family court judges and relevant literature review on Australian family courts, this Chapter reiterates such constraints to generate relevant headway lessons from Australia that has excelled the practice of family mediation and becomes one of the world frontrunners in this field. Hence, the outcome of this study will assist policymakers in adopting relevant policies to redress case backlog and enhance gender justice through mediation in Bangladesh.
The Collapse of Negara Hukum: How Indonesia’s Rule of Law has been Shaped by Embedded Oligarch Politics? Wiratraman, Herlambang Perdana
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

This article argues recent performance of the rule of law in the 25-years period after Soeharto’s authoritarian regime. Why has there been a weakening of civil liberties, while on the other hand the oligarchic power and authoritarianism strengthens the current Indonesia’s politics. This article examines the prevalence of arbitrary practices, not only in the fair procedural process of law enforcement, but also why it is so easy to pass anti-democratic laws that contradict the principles of the rule of law. By referring to three specific case studies: free expression, academic freedom and press freedom, this article found that politics in Indonesia have become increasingly cartelized, while at the same time, systemically featured embedded oligarch politics. This starts from cartelized party by designing oligarch-based election trapped into constitutional system. In current politics, Jokowi’s administration represents the re-consolidation and strengthening of ‘new model’ of authoritarianism, which has seriously affected the rule of law, human rights and constitutional democracy, including the fundamental right to freedom of expression. Therefore, unsurprisingly, his political legacies during the Prabowo era and Jokowi's son, Gibran, will work with the same pattern and strategy of exploiting oligarchic power relations in the legal system.
Editorial Foreword IJSLS Volume 4 Number 2 Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

This edition features a variety of articles on legal issues and policies, and their implementation. These articles enrich interdisciplinary legal studies. Topics covered include inheritance governance in Malaysia, the institutionalised mediation of family legal matters in Bangladesh, the strategies employed by female heads of households in Indonesia to survive through self-organisation, the collapse of democracy in Indonesia after 38 years of reform, and the country's role as a transit point or destination for refugees and the problems this poses.

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