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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 56 Documents
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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.
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.
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.
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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