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Saiful Anwar
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Law and Social Justice in Society (LSJS)
Published by Yayasan Letiges Konsultan Sosial
ISSN : 31245366     EISSN : 31245358     DOI : 10.35723/lsjs
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Law and Social Justice in Society (LSJS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It also contains discussions, reviews, annotations, and news from the science community. LSJS is a peer-reviewed journal and welcomes papers on topical legal and social issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Justice, Truth, and Legal Rationality: A Leibnizian Perspective on Modern Jurisprudence Charles Berebon
Law and Social Justice in Society Vol. 1 No. 1 (2026): January-June
Publisher : Letiges

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35723/lsjs.v1i1.51

Abstract

This essay examines the relevance of Leibniz's philosophy of law for modern jurisprudence, emphasising his contributions to legal reasoning, justice, and truth. Leibniz's distinction between necessary and contingent truths, his theory of legal proof, and his multi-level approach to law—integrating strict law, equity, and morality—offer valuable insights into contemporary legal thought. His vision of a characteristic universalis, a logical system for structuring legal reasoning, anticipates modern formal methods in law. A comparison with Ronald Dworkin's legal philosophy highlights their shared commitment to objective legal principles and the integration of morality into law. While Leibniz employs formal logic and conceptual analysis, Dworkin's approach focuses on interpretive reasoning. By bridging these perspectives, this essay argues for synthesising analytical jurisprudence and natural law, demonstrating how Leibniz's ideas can help unify legal reasoning across different legal traditions and contribute to the pursuit of justice.
Reconciling International Climate Law and the Energy Charter Treaty through Integrative Interpretation in Arbitration Miebaka Nabiebu; Ntamy Agube; Mokutima Etido Ekpo
Law and Social Justice in Society Vol. 1 No. 1 (2026): January-June
Publisher : Letiges

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35723/lsjs.v1i1.52

Abstract

The Energy Charter Treaty (ECT) aims to protect energy investments, including fossil fuels, while international climate law seeks to mitigate climate change two objectives that can come into conflict in investor-state dispute settlement (ISDS). Given the unlikelihood of ECT modernization or termination in the near future, arbitration under the treaty will continue to shape the legal landscape of energy investments. This article explores the potential of integrative interpretation as a means to reconcile climate obligations with ECT protections in arbitration. Integrative interpretation is not only mandated by international treaty interpretation rules but is also reflected in the practice of international dispute settlement. However, despite this legal foundation, no ECT tribunal has yet incorporated international climate law into its decisions. While practical challenges and uncertainties persist, precedents from broader international dispute settlement and climate litigation suggest that ECT arbitration could evolve to balance investment protection with climate commitments. This article argues that fostering an integrative interpretative approach could enable ISDS to serve both investment stability and climate mitigation goals, contributing to a more coherent legal framework for energy transition.
A Comparative Study of Migrant Workers’ Rights in Saudi Arabia and World Cup Host Nations Mariam bin Ghait
Law and Social Justice in Society Vol. 1 No. 1 (2026): January-June
Publisher : Letiges

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35723/lsjs.v1i1.79

Abstract

This study assesses Saudi Arabia's readiness for the 2034 World Cup by comparing it with Brazil's (2014) and Qatar's (2022) preparations, with a focus on the protection of migrant workers. Using a socio-legal approach, the study examines the relationship between the legal framework and the social practices of migrant workers on the ground; a normative-comparative approach is used to examine labour regulations and reforms related to Kafala in the three countries; and a historical approach traces the evolution of migrant policies before and after the World Cup hosting. The results show that Brazil failed to implement significant reforms despite global scrutiny. At the same time, Qatar successfully implemented structural changes, including the elimination of exit permits, the introduction of a universal minimum wage, a dispute resolution mechanism, and a compensation fund. Saudi Arabia has initiated reforms, including the partial relaxation of the Kafala system, the digitisation of contracts, and the strengthening of the wage protection system; however, protection remains limited to specific sectors. The study concludes that Saudi Arabia needs to expand reforms, strengthen oversight, and enhance its partnership with the ILO to meet international labour standards by 2034.
Governing the Market through Fatwa: The Political Economy of the Indonesian Ulema Council’s Fatwa on the Prioritization of Domestic Products Edi Kurniawan
Law and Social Justice in Society Vol. 1 No. 1 (2026): January-June
Publisher : Letiges

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35723/lsjs.v1i1.80

Abstract

Studies on the Indonesian Ulema Council’s fatwas have continued to expand; however, they rarely conceptualize fatwas as instruments of hybrid regulation operating within the political economy of the modern nation-state and functioning as soft law with the capacity to shape market dynamics. In particular, Fatwa No. 14/Ijtima’ Ulama/VIII/2024 on the Priority Use of Domestic Products—together with its maqāṣid al-sharīʿah (the objectives of Islamic law) foundations and its political–economic implications within the framework of Indonesian economic nationalism—has received limited scholarly attention. This study addresses this gap by analyzing the fatwa as a model of ijtihād in Islamic economic governance that integrates maqāṣid al-sharīʿah and the political economy of religion within a unified analytical framework. Employing a qualitative socio-legal methodology, this research conducts close reading and thematic coding of the official fatwa text, relevant regulations promoting domestic products, and pertinent academic literature. The study demonstrates that the fatwa explicitly links the prioritization of domestic products to ḥifẓ al-māl (the protection of wealth), maṣlaḥah ʿāmmah (public welfare), and economic sovereignty, thereby reconstructing consumption at the normative level from a neutral individual preference into a collective moral obligation. Within this framework, the fatwa functions as non-state soft law that symbolically directs market preferences toward local producers, distributes symbolic capital to aligned economic actors, and supports the state’s economic nationalism agenda, while simultaneously leaving unresolved risks related to symbolism, structural inequality, and ethical blind spots. This study offers a conceptual lens for understanding fatwas as instruments of Islamic economic governance that mediate between sharia norms, state policy, and market dynamics in contemporary Indonesia.
A Critical Study of People's Sovereignty Post-Amendment of the 1945 Constitution in Strengthening the Presidential System Aurelita Gissella; Saiful Anwar
Law and Social Justice in Society Vol. 1 No. 1 (2026): January-June
Publisher : Letiges

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35723/lsjs.v1i1.81

Abstract

This study critically examines the concept of people's sovereignty following the amendments to the 1945 Constitution of Indonesia, with a particular focus on its role in strengthening the presidential system. The research aims to identify key issues related to the implementation of people's sovereignty after the amendments, analyze the extent to which these changes have contributed to the consolidation of the presidential system, and assess the effectiveness and challenges of the new constitutional framework. Using a normative juridical approach combined with a critical analysis of legal documents and relevant literature, the study finds that the constitutional amendments significantly enhanced the principle of direct democracy and clarified the separation of powers. However, several challenges remain in ensuring the optimal realization of people's sovereignty within the presidential system, particularly regarding checks and balances and institutional practices.

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