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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 52 Documents
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Perbandingan Pengaturan Kuota Pemilihan Perempuan dan Kondisi Keterwakilan Perempuan di Parlemen: Studi Kasus Indonesia, Timor-Leste, dan Finlandia (A Comparison Study of the Quotas and Conditions for Women's Representation in Parliament in Indonesia, Timor-Leste, and Finland) Sibarani, Ramadhanya Elwinne Huzaima
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

Women’s representation in parliament is an important aspect of improving gender equality in a country. As of the 2019 parliamentary elections, women’s representation in the Parliament of the Republic of Indonesia (DPR RI) has only reached 21.4%. This figure is far below Timor-Leste and Finland, which respectively have 40% and 47% women’s representation. To increase the number of women’s representation in parliament, there is a concept called women's electoral quota. This study attempts to compare how women’s electoral quotas are regulated in Indonesia, Timor-Leste, and Finland. In addition, this study also reviews the condition of women’s representation in the parliaments of the three countries. Hanna F. Pitkin explains that there are 4 (four) types of representation, namely formal, descriptive, substantive and symbolic. This research focuses on descriptive representation because it relates to the quantity of women's representation in parliament, as well as substantive representation because this research also wants to formulate a strategy to maximize the quality of women's representation in parliament. The results of this study indicate that in terms of descriptive representation, Indonesia is lacking because the women’s electoral quota in the form of serial numbers does not work optimally; and women’s lack political participation, especially because political parties in Indonesia do not apply party quotas. Meanwhile, in terms of substantive representation, Timor-Leste and Finland are both superior due to ongoing communication with civil society and the strong role of the women’s parliamentary caucus. From there, several strategies were formulated in the context of increasing women’s representation in the DPR RI, namely increasing women’s political participation, reforming women’s election quotas in the form of serial numbers, opening large communication spaces between women parliamentarians and civil society, and strengthening the role of women’s parliamentary caucus in DPR RI. Keywords: women’s representation in parliament, women’s electoral quotas, and women’s political participation
Transformasi dan Marginalisasi Masyarakat Adat: Suku Ata Modo di Tengah Hegemoni Pengembangan Pariwisata Taman Nasional Komodo (Transformation and Marginalization of Indigenous Communities: The Ata Modo Tribe's Experience Amidst the Hegemony of Komodo National Park Tourism Development) Pratama, Arif Putra; Chandra, Avicenna Elang; Isnanto, Noor Risa; Nisa, An Nuur Khairune
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

The massive development of tourism in Komodo National Park (KNP) has had a signi;icant impact on the local community there, in this case the Ata Modo Tribe. This tribe is a local tribe that has remained silent for a long time and was formed on Komodo Island long before the Komodo National Park was established. They have also lived side by side with the endangered Komodo dragon for decades and tried to maintain their culture and customs amidst the existence of KNP tourism development. This research tries to answer what cultural potential is still maintained by the Ata Modo Tribe, the position of the Ata Modo Tribe as a Customary Law Community unit, as well as the socio-economic, cultural and environmental impacts that occur amidst KNP tourism hegemony. The study in this research uses a type of socio-legal research. Various primary and secondary data were formulated and analyzed to obtain descriptive conclusions for each problem formulation question. The research results obtained are ;irst that the Ata Modo tribe has cultural potential in accordance with the seven elements of culture consisting of language, knowledge system, social organization, technology, livelihood system, belief system and art. Second, the absence of recognition and determination of the Ata Modo Tribe as a Customary Law Community unit through legal products at the regional level provides opportunities for conflicts of interest and override of their customary rights. Third, the Ata Modo tribe has transformed coercively due to the existence of KNP tourism. Regulations established as a means of conservation of the Komodo National Park encourage a coercive transformation of the culture of the Ata Modo people. Keywords: Coercive Transformation, Customary Law Communities, Marginalization, Ata Modo Tribe
Right to be Forgotten as a Legal Protection for The Victims of Electronic Sexual Violence Cases Zaltina, Putri; Nurtjahyo, Lidwina Inge
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

The 2020 National Commission on Violence Against Women's Annual Records identified the rise of a new type of violence against gender in Indonesia, specifically electronic-based sexual violence (Kekerasan Seksual Berbasis Elektronik/KSBE) which is part of gender-based violence in the digital spaces or Online Gender-Based Violence (OGBV). In 2020, KSBE cases increased 300% compared to the previous year. So far, the arrangements for tackling KSBE perpetrators in Indonesia have been inadequate. Existing laws do not contain procedures that are sensitive to victims and lack a human rights and gender perspective. Currently, Indonesia has adopted a new regulation related to handling sexual violence, namely Law No. 12 of 2022 on Sexual Violence Crimes. The authors analyse laws and regulations relevant to online sexual violence and its extension (involving physical action), from the perspective of human rights and women's rights. Thus, several significant regulations apart from the Sexual Violence Crimes Law are discussed, namely the Criminal Code, the Information and Transaction Law, the Anti-Pornography Law, and the Child Protection Law. We argue that protection of KSBE victims must be made the main goal of law enforcement. The loss of the victim's privacy and the dissemination of personal data violate victims’ human rights guaranteed by the state, and therefore derivative regulations regarding the UU TPKS (Sexual Violence Law) need to be issued and existing laws harmonized with it. Moreover, additional special victim rights regulations regarding electronic-based sexual violence are necessary, especially for KSBE acts that require a quick response, such as removing sexually explicit content.
Rule-in-Use for Community-Based Springs Management Faces Land Use Pressures: Lesson Learned from Manggarai District Steni, Bernadinus; Kartodihardjo, Hariadi; Adiwibowo, Soeryo; Djakapermana, Ruchyat Deni
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

The struggle for water is one of the greatest immediate risks of the climate crisis. Therefore, the institutional challenge of water management is increasingly urgent and requires a number of consensuses to succeed, including community-based natural resource management (CBNRM). A key challenge to the traditional consensus for water conservation is the increasing need for land conversion due to population growth, which in turn deflects decision-making power away from traditional institutions towards external decision-makers such as regional governments. Using Ostrom's conceptual framework of rules of use, this research examines shifting spring water management in the context of Kabupaten Manggarai. The paper explores traditional rules of water management in the community and compares it to the institutional development of springs in four villages. Ultimately, it analyses the gap between the traditional rules of water management and the reality on the ground. The study finds that traditional community management of springs is subject to power contestation due to unclear institutional direction, which in turn emerges from opaque land and spatial planning policies and political decisions. These policies are overly economic and do not take into account traditional conservation and resources characteristics.
Editorial Foreword IJSLS Volume 3 Number 2 Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

This edition of the journal presents three articles on environmental issues. The first article examines the impact of tourism policies in the Komodo National Park on the indigenous peoples who inhabit the region. The second article analyses the efforts of Jakarta residents to access justice for clean water, while the third article considers the water conservation efforts that have resulted in land conflicts in Manggarai, Nusa Tenggara. The remaining two articles address women's issues, specifically the representation of women in parliament and the phenomenon of electronic-based sexual violence.
In Pursuit of Water Justice in Jakarta Tuslian, Widya Naseva; Rinwigati, Patricia; Sandyawan, Stanislaus
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

Despite becoming a rapidly growing megacity, in some of Jakarta’s areas, particularly in the underprivileged areas, a significant portion of its citizens still lack access to adequate domestic water. For years, water privatization has been considered a major barrier to solving the issue. Jakarta’s citizens have mobilized themselves to publicly reclaim Jakarta’s water governance. One of the significant actions was filing a citizen lawsuit against the relevant state authorities, which eventually was ruled in favor of the state authorities due to procedural reasons. Using the ROLAX framework developed by Bedner and Vel, this paper tries to understand to what extent the water privatization lawsuits and civil society’s legal mobilizations in Jakarta reflect an effective access to justice process. Incorporating socio-legal methods by combining empirical and doctrinal research, this paper shows that the process of access to justice is not straightforwardly related to the outcome of legal processes. In this case, the access to justice process does not end with the citizen lawsuit, as citizens’ mobilization goes beyond the courtroom. CSO’s representing citizens who experienced water access problems have adopted the courts’ favorable legal considerations in further pushing the government to conduct full public management of Jakarta’s water management and demanding the fulfilment of their water access rights.
‘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.
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.

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