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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 3 Documents
 1 
Search results for , issue "vol. 5, no. 2" : 3 Documents clear
When Uniform Standards Are Missing: Judicial Inconsistency in Wages During Termination Proceedings in Indonesia ., Fitriana; Hayati, Tri; Uwiyono, Aloysius
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

This article examines how courts lack uniform judicial standards for determining Upah Proses, which refers to wages payable during termination proceedings in Indonesia. Constitutional Court Decision No. 37/PUU-IX/2011 requires employers to pay Upah Proses until courts issue a final and binding judgment. However, subsequent instruments introduce conflicting limitations and ambiguous provisions, including Supreme Court Circular Letter No. 3 of 2015 and Law No. 6 of 2023. Such inconsistencies create normative disharmony across constitutional, statutory, and administrative frameworks. The absence of coherent interpretive guidance divides the judiciary, leading courts to issue divergent rulings, even in cases with similar factual circumstances. The study examines 117 judicial decisions issued between 2007 and 2023, and analyzes eight representative findings. Interviews with workers and employers show how legal uncertainty impacts the parties involved. The findings show that ad hoc judges, representing worker and employer constituencies, adopt differing orientations that further exacerbate the absence of standardized judicial criteria. This fragmentation in judicial reasoning increases workers’ socio-economic vulnerability during protracted litigation. The article advocates for the urgent harmonization of legal norms and clarification of judicial guidelines. Such measures would enhance legal certainty, promote consistent adjudication, and provide stronger protection for workers, who are the structurally weaker party within Indonesia’s industrial relations system.
Unsettling Ground: Rethinking Land Tenure Security in Indonesia’s Legally Plural Setting Tuslian, Widya Naseva
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

This study investigates the way in which legal pluralism within state law affects perceptions of property rights and land governance in Indonesia. Taking a case of prolonged conflict over land status under a Land Use Permit, or colloquially known as the “Surat Ijo” (re: green card) by the inhabitants of Surabaya, the country’s second-largest city, this research reveals how overlapping and often contradictory legal frameworks within the state system can undermine efforts to unify land administration. This phenomenon, referred to as legal pluralism within state law, captures the contradiction in the state legal framework that has hindered the effectiveness of land unification, and thus affected people’s overall sense of land tenure security. Furthermore, this study demonstrates that people’s notions of citizenship, legal consciousness, and everyday engagement with the law shape their understanding of land ownership and legitimate possession. These factors, in turn, influence how people assert, and mobilize claims to land within a complex legal and political environment.
Subaltern Women, State Neglect, and Climate Precarity: Rethinking Forest Landscape Governance in Indonesia Hendrastiti, Titiek Kartika; Kusujiarti, Siti
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

This article examines the social positioning and struggles of subaltern women in East Java, Indonesia, within the intersecting conditions of state neglect and climate precarity in Forest Landscape Governance (FLG). Drawing on field research conducted between 2022 and 2023, it employs Postcolonial Feminist Political Ecology (PFPE) and Postcolonial Feminist Participatory Action Research (PFPAR) to analyze how governance regimes simultaneously depend upon yet marginalize women’s ecological labor. Based on field conversations, storytelling, focus group discussions, participatory drawing, and community dialogues in Banyuwangi and Trenggalek, the study shows that subaltern women remain largely invisible within formal governance frameworks, despite their central role in sustaining environmental and household resilience. This exclusion is not incidental but structurally embedded in bureaucratic, legal, and policy mechanisms that fail to recognize informal ecological labor and gendered knowledge systems. By foregrounding subaltern women’s narratives, the article advances a postcolonial feminist critique of FLG, demonstrating how governance frameworks reproduce colonial and gendered hierarchies through epistemic marginalization and bureaucratic exclusion. It argues that achieving inclusive and just forest governance requires not only institutional reform but also epistemic recognition of marginalized women’s knowledge, agency, and environmental stewardship. The article contributes to socio-legal debates on governance, climate justice, and the decolonization of environmental policy in Indonesia.

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