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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 60 Documents
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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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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.
“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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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.
Globalisasi Hukum dalam Pluralisme Hukum Modern Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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This article revisits the concept of legal pluralism, which continues to evolve alongside society and all its complexities. Knowledge of legal pluralism evolves in line with societal changes identified through scientific research and activities. Over the past two decades, developments have drawn attention to the globalisation of law, leading to the concept of modern legal pluralism. The intertwining and mutual influences, as well as the adoptions and reproductions, resulting from encounters between legal systems have become increasingly complex due to the presence of international and transnational law. This is particularly significant in the areas of human rights, democracy, clean governance and environmental crisis. Today, global citizens are connected to one another because they share knowledge about legal norms and values brought about by 'new law'. The study of modern legal pluralism has methodological consequences which provide new opportunities for researchers. Explaining legal pluralism simply by mapping its coexistence as entities with clearly defined boundaries is no longer viable. Researchers now have a golden opportunity to reconstruct events in a multi-spatial manner, transcending the boundaries of space and time.
Editorial Foreword IJSLS Volume 5 Number 1 Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies Vol. 5, No. 1
Publisher : UI Scholars Hub

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This edition marks the end of 2025 and presents articles on seemingly unrelated themes but reveal various aspects of our current legal system and society. In several countries, including Indonesia, autocratic legalism has emerged as a governing practice. Indonesia's political elite do not obey the law, but instead change and manipulate the law in the name of the people to legitimise their power. Various policies continue to be enacted without a scientific basis or evidence-based data, and without considering their impact on people, especially the poor and vulnerable. State institutions are also systematically weakened because they operate without opposition when political parties form coalitions with the government, and there is no system of checks and balances. Rather than being obeyed, the law is used as a tool to maintain authoritarianism.
When Uniform Standards Are Missing: Judicial Inconsistency in Wages During Termination Proceedings in Indonesia Fitriana, Fitriana; Hayati, Tri; Uwiyono, Aloysius
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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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
Publisher : UI Scholars Hub

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This study examines the inconsistencies in various regulations regarding land and land management in Indonesia, which give rise to divergent interpretations and legal uncertainty—ultimately becoming a source of conflict that is not easily resolved. The study focuses on the protracted conflict among local residents living in 26 subdistricts in Surabaya who hold “Surat Ijo” certificates. The residents believe that, as certificate holders, they have the status of owners. Meanwhile, citing various laws and regulations on land governance, the Surabaya city government maintains that these certificates affirm the residents’ status as tenants of land assets owned by the Surabaya city government. Therefore, the residents are obligated to pay rent, in addition to paying land and building taxes. In principle, tenant-occupants may acquire ownership of the land by submitting a formal application for registration to the national land registration system. However, they cannot do so because the land they occupy is an asset of the Surabaya city government. In fact, if there were a takeover of city government assets, the officials responsible could be charged with corruption. This is the root of the protracted land conflict that has reached an impasse and cannot be easily resolved.
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
Publisher : UI Scholars Hub

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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.
Non-Judicial Mechanism for Resolving Past Human Rights Violence in Indonesia; How Does It Redress Women Victims of Sexual Violence? Eddyono, Sri Wiyanti; Ayuningtyas, Audrey Anggita
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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This paper examines whether the Indonesian government's non-judicial settlement for addressing past gross human rights violations (PGHRV) offers redress for the victims of sexual violence of past human rights violations. Indonesia has grappled to address past human rights violations through formal justice mechanisms. There are about 12 unresolved cases, more than half of which concerning sexual violence during conflict. This paper combined a socio-legal approach with mixed methods to gather data on the issue PGHRV: desk research and interviews with key persons involved in the non-judicial mechanism. Due to the heavy political pressure, the formal judicial mechanism reached a dead end. As alternatives the Indonesian government in 2022 established a team for the non-judicial resolution of past gross human rights violations (Tim PPHAM) and in 2023 the monitoring team for the implementation of the recommendation to resolve past gross human rights violations. However, the outcomes of the non-judicial settlement for victims of sexual violence are questionable. We conclude that the mechanism was not properly designed to offer redress for victims but was heavily influenced by political interests, causing distrust among the victims participating in it.  It was the victims who decided to remain silent, yet it was the structure of the non-judicial mechanism that silenced them. The space victims most trust is the National Commission on Violence Against Women, but unfortunately the Commission does not have the authority and capacity to document gross human rights violations, nor to redress the victims of sexual violence.
Rehabilitation or Retribution? A Socio-Legal Comparison of Criminal Sanctions and Social Reintegration in Indonesia and Spain Arifin, Ridwan; Cassandro, Izan Mateo
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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This study examines the legal, institutional, and socio-cultural mechanisms influencing the social reintegration of ex-offenders in Indonesia and Spain. Despite a global trend toward rehabilitative approaches, practical implementation reveals significant divergence due to structural, cultural, and economic factors. Indonesia’s penal system, guided by Law No. 22 of 2022 and the new Criminal Code (KUHP), emphasizes statutory rehabilitation and vocational and spiritual programs. However, challenges such as prison overcrowding, limited post-release support, and societal stigma constrain effectiveness. Judicial decisions indicate cautious application of restorative provisions, reflecting both public expectations and institutional limitations. In Spain, rehabilitation is constitutionally entrenched under Article 25(2) of the Constitution and operationalized through the General Penitentiary Organic Law (Ley Orgánica General Penitenciaria; LOGP), which mandates individualized treatment, progressive custody, and open-regime programs. Court rulings reinforce the rights of inmates and ex-offenders to social reintegration, while structured vocational, psychological, and community programs enhance post-release outcomes. Socio-legal analysis shows that Indonesia’s reintegration is vulnerable to societal exclusion, whereas Spain demonstrates effective alignment between law, institutional capacity, and cultural legitimacy. The study integrates theoretical frameworks such as labelling theory, desistance theory, and reintegrative shaming to explain the interplay between law, institutions, and social contexts. Findings indicate that successful social reintegration requires coordinated legal, institutional, and societal mechanisms, with attention to economic inclusion and cultural acceptance.
Editorial Foreword IJSLS Volume 5 Number 2 Irianto, Sulistyowati
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Page 6 of 6 | Total Record : 60

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