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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. 5, No. 1" : 5 Documents clear
Civil Servant Disobedience: An Alternative Legal Strategy to Prevent Bureaucratic Pathology Wibowo, Richo Andi
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

This paper seeks to provide conceptual and empirical justifications for civil servants to engage in disobedience to curb bureaucratic pathology. Various civil servants have long complained that they face illegal instructions from their superiors. The cases discussed here are from public procurement, which has a dimension of political corruption, a recurring problem in many places in Indonesia. Thus, the problem shall be seen as a bureaucratic pathology rather than as maladministration. As the reporting of superiors to legal enforcers may be too risky, the disobedience can be accomplished by refusing to cooperate with superiors who give illegal instructions. The term 'superiors' here focuses on positions in government held by politicians, temporary positions obtained through elections, such as president, governor, mayor or regent, and temporary political positions given by appointment to a particular person, such as that of minister. There are four arguments in favour of civil servant disobedience. First, civil servant disobedience is rooted in the concept of civil disobedience, which has certain virtues and has been globally accepted. Second, legal justification dictates that civil servants' loyalty is not to their superiors but primarily to society and the law. Third, a cost–benefit analysis based on several court decisions, interviews and risk factor mapping reveals that the benefits to bureaucrats of following illegal instructions from politicians are less than the risks and sanctions. Fourth, from a religious sociological perspective, religion requires obedience only to God, not servitude to man or worldly interests. The justifications offered here for civil servant disobedience may be applicable to the Indonesian context and serve as food for thought for any country facing similar situations.
Legal Protections for Gig Workers: A Comparative Socio-legal Study of Indonesia and India Shekhawat, Vidisha; Khare, Pranjal
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

The platform economy has transformed the lines of labour in the last few years across both developed and developing countries. In the case of other countries, such as Indonesia and India, where informal employment has been a long-standing characteristic of the labour force, the rise of digital platforms, including Gojek, Grab, Swiggy, and Zomato, has added another layer of complexity to already existing labour issues. These services provide flexibility and earning potential, albeit in exchange for social safety nets and work rights. This paper undertakes a doctrinal and comparative socio-legal study to observe the way the legal jurisdictions of Indonesia and India are adapting to the emergence of platform-based gig work. Grounded on legal pluralism and access to justice approaches, the present research analyses the sufficiency of the existing labour laws regarding the changing characteristics of digital labour. Such statutory instruments, such as the Indonesia Omnibus Law on Job Creation or the India Code on Social Security, 2020, are used in the analysis to compare the way platform labour and its entitlements are conceptualised in different jurisdictions. Instead of conducting empirical data collection in the field, the study centres on legal sources, policy documents, and judicial opinions with the aim of finding out the normative premises behind whether the regulation of platforms is done. The research concludes that both states are prolific legislators with the tendency to implement economic liberalisation rather than labour rights, although rarely taking into consideration the vulnerability of the gig workers in the legal rhetoric. Through a socio-legal perspective, this paper indicates the contradictions between technological advancement, the dignity of workers, and legal responsibility. It demands the reconsideration of binary employment regimes and proposes implementing hybrid regulatory regimes that will consider the special status of platform workers. Finally, the article adds to the discourse of labour justice in the digital world a global south perspective that asks all policymakers to design legislation that is not total in its market-driven orientation but in social justice and equality of access to the law.
Omahe Rak Usah Apik-Apik: Adequate Housing Problems of the Urban Poor along Railway Tracks -, Syahwal
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

As urban development accelerates, urbanization has simultaneously grown as an inseparable phenomenon. However, beneath this transformation lies a crisis within the capitalist system known as overaccumulation, which has led to the marginalization of urban poor groups. This phenomenon results in the creation of slums, one of which is found in the periphery of railway tracks, where the urban poor reside. Semarang the capital of Central Java Province, Indonesia, is an apt example of such developments,. This study takes as starting point that the right to adequate housing is an integral part of human rights and addresses the issue of why the right to adequate housing is not realized for those living on the outskirts of railway tracks. Using a socio-legal approach and drawing on a critical geography conceptual framework, this research reveals that the realization of the right to adequate housing in these areas is hindered by vulnerability to eviction, a consequence of the capitalist-driven urban development paradigm. Moreover, human rights approaches tend to be liberal, based on the assumption that all individuals are equal before the law, without considering the spatial context that influences how these rights are constrained and, therefore, difficult to realize.
Misuse of Financial Services for the Sexual Exploitation of Children: A Socio-Legal Study in Indonesia Sofian, Ahmad
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

This paper discusses children in the online space who are entrapped in interactions across various social media applications and digital platforms and became victims of sexual exploitation practices and how this sexual exploitation is facilitated by the availability of diverse financial service providers that allow for transactions between perpetrators and victims as well as distributors and producers. In view of ongoing efforts by the Indonesian government to formulate more relevant and effective regulations for child protection, this study is crucial for our understanding of the realities of sexual exploitation in the context of children’s use of social media and may contribute to the design of a legal framework for child protection which can better safeguard children from sexual exploitation. This research employs a socio-legal approach, combining in-depth interviews and legal document analysis in exploring the role of financial services in facilitating transactions between perpetrators of sexual exploitation and children in the online realm. We found that sexual exploitation of children in Indonesia takes place through diverse means: by Video Call Sexual (VCS) activties, live streaming of sexual content, grooming, online coercion to produce child sexually explicit material and pornography, and the distribution of Child Sexual Violence Material (CSVM). In many cases financial payments are received as compensation for the procuction of sexually explicit material. The financial service applications used encompass cross-border financing, digital wallets, payment applications, banking applications, digital banking applications, cryptocurrencies, and even online game top-up gifts. This study recommends the Government of Indonesia to raise awareness among financial service providers of their role in facilitating financing of child sexual exploitation, and to strengthen collaboration with Public-Private Partnership forums in developing tracking and monitoring mechanisms. Dialogue between the Government of Indonesia, the House of Representatives, financial service institutions, the Financial Services Authority, the Financial Transaction Reports and Analysis Centre, and other civil society organizations is essential to protect children from sexual abuse which is facilitated by children’s access to digital financial services.
“Flexing” and the Luxury Lifestyle: A Critique of the “False Solidarity” of Female Officials and Public Figures in Contemporary Indonesian Media Udasmoro, Wening; Marai, Leo
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

This study aims to explore the practice of “flexing” and the luxury lifestyle as represented in the media both through the self-representation of female public figures on their social media accounts and through coverage by mainstream outlets. These figures include actresses, entertainers, and other widely recognized social personalities. The research is urgent given that the public display of wealth and opulence disseminated through the media generates a domino effect within society, particularly in shaping consumption patterns and fueling an increasingly pervasive culture of consumerism in Indonesia. The proliferation of consumerist culture both reflects and exacerbates social inequality in Indonesia, where poverty remains a fundamental challenge. A gendered perspective, especially feminist scholarship focusing on the concept of “false solidarity” is employed as the analytical lens in this research. Here, false solidarity refers to performative gestures of empathy that reinforce inequality, mock economically disadvantaged women, and normalize such practices through state institutional complicity. The method used is Critical Discourse Analysis (CDA), which examines social practices that contain elements of inequality among members of different social groups, as conveyed through the linguistic discourses circulating on social media.

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