Indonesian Journal of Law and Society
Journal Data
| Type | JOURNAL |
|---|---|
| Publisher | UPT Penerbitan Universitas Jember |
| ISSN | 2722-4074 |
| OpenAlex | S4210237818 |
| Website | https://jurnal.unej.ac.id/index.php/ijls |
| Total publications | 53 |
| Coverage period | 2020 - 2024 |
| Country | ID |
| Language | EN |
| Access | Open Access |
| Impact factor | 0.075 |
This journal focuses on "Law and Society" within an Indonesian context, indicating a socio-legal studies approach. This field frequently employs qualitative and ethnographic methods, aligning well with legal anthropology and area studies with substantive ethnographic content. It is a closely cognate venue
Artificial Intelligence in Law · Bangladesh Politics, Society, and Development · Blockchain Technology Applications and Security · COVID-19 Prevention and Impact · Cultural Industries and Urban Development · Digital Economy and Work Transformation · Ethics and Social Impacts of AI · European and International Contract Law · FinTech, Crowdfunding, Digital Finance · Gender and Women's Rights
Sustainable Development as a Legal Argument for the Global South
The concept "trade and sustainable development" is often associated with and can be traced to the Global North. However, there is a paradigmatic change in the employment of the concept as legal argument in the context of trade dispute. This paper especially focuses on the Indonesia – Raw Minerals dispute. In the WTO dispute concerning Indonesia's raw minerals export ban, the European Union (EU) challenged Indonesia over its export restrictions an…
Beyond the Lens
The growing number of media trials in Bangladesh is threatening the protection of human rights, especially the right to privacy. This ubiquitous phenomenon intertwines with the fundamental fabric of societal dynamics in this nation. A person's right to privacy is put under threat when they are publicly vilified through the media before their day in court, highlighting the reciprocal nature of media trials and the judicial process. This research c…
Creative Economy and Cultural Heritage Governance
This study investigates the social consequences of issuing a letter from the East Java National and Political Unity Agency (BAKESBANGPOL) Number 300/5984/209.5/2023, which ostensibly aims to manage conflicts between martial arts schools. However, it has inadvertently undermined the creative economy development program. The BAKESBANGPOL letter was a provincial government intervention to an oversimplified approach to conflict resolution by demolish…
The Clear Pathway of the Constitutional Court's Decision on Adherents of Belief In Indonesia
The conception of state of law holds the principles of human rights protection and independent as well as unbiased justice in its implementation. The Constitutional Court has a significant role in reviewing constitutionality under the constitution as stipulated in Article 24C paragraph (1) of the Constitution. The Constitutional Court's functions result in final, binding decisions. Judges play a crucial role in implementing impartiality and uphol…
Artificial Intelligence (AI) In Judiciary Processes
Artificial intelligence (AI) is part of increasingly sophisticated technological developments in various sectors, including in the legal and judicial sectors. The data source used in this paper uses books and other literature in the form of articles in English from 2000 to 2023. Basically, AI can change the flow of trials in court, starting from pre-trial administrative matters and the trial process to post-trial as a form of rehabilitation for a…
Unpacking Living Originalism and Living Constitutionalism in the Constitutional Contexts of India and Pakistan
Originalism versus living constitutionalism is widely regarded as one of the most contentious current battles over constitutional interpretation. Originalism as a theory seeks to instill original understanding of constitutional provisions in a contemporary constitutional premise by opposing the broad interpretive practice known as living constitutionalism, which prioritizes modern understandings. Originalism theory is an interpretation theory whe…
Challenging Government Overreach
This research examines the implications of Law No. 9 of 2017 on Access to Financial Information for Tax Purposes (IKKP), which grants the Indonesian government, through the Directorate General of Taxes, extensive access to financial information from financial service institutions regarding any taxpayer. Article 6 of this law further provides immunity to government officials, including those from the Ministry of Finance, the Financial Services Aut…
Dual Empire of Penal System
This study aimed to determine and analyze the "Ratio Decidendi" of Military judges at the Surabaya High Military Court III in deciding case Number 5K /PMT.III/AD/I/2022 against perpetrators of budget abuse by Military officials. The research method used by the author is a normative legal research method, by conducting research synchronization, systematics, and legal comparisons. The writer uses this type of normative legal research because, in fo…
The Intersection of AI Advancements in Judicial Systems and Media Trials
In the ever-evolving landscape of jurisprudence, the integration of technology, particularly Artificial Intelligence (AI), has become increasingly prevalent, reshaping the dynamics of judicial proceedings and legal discourse worldwide. Concurrently, the phenomenon of "media trials" has gained momentum, particularly in countries like the United States and the United Kingdom, where media influence often intersects with legal processes. When talking…
Nancy Pelosi's Diplomatic Visit Against US-Taiwan Military Agreement Provides China Threat
The Chinese government opposes the planned visit of the Chair of the House of Representatives of the United States (US) Nancy Pelosi to Taiwan. Beijing said the trip would endanger the sovereignty and territorial integrity of the Bamboo Curtain state. China is known to claim Taiwan as part of its territory. But Taiwan has repeatedly stated that it is an independent state under the name of the Republic of China. Taiwan has always maintained that B…
Accessibility of Pharmaceutical Product Patents for Public Health Through the TRIPs Waiver
TRIPs waiver is a bilateral or multilateral agreement proposed by member countries as an exception to the TRIPs agreement during the Covid-19 pandemic. The TRIPs waiver aims to urge WTO member countries to exclude and waive the obligation to protect Intellectual Property Rights and patent flexibility in the form of mandatory licenses, implementation of patents by the government, parallel imports, and bolar provision for the prevention, handling a…
Impact of Waqf Property at Primary to Higher Islamic Educational Institutions in Bangladesh
Since the arrival of Islam in the Indian subcontinent, the waqf has been playing a vital role in spreading the spirit of Islam. It is a Muslim's religious endowment to a religious, educational, or charitable cause. It is also an ongoing charity (Sadaqah Jariyah). Muslims, inspired by the Prophet Muhammad (p.b.u.h.) and his traditions, offer their belongings and property in the name of Allah in order to please the Almighty Allah and find peace in …
Democratization of Filling Regional Head Positions
The 2024 simultaneous regional head elections have significant implications for leadership vacancies across various regions. Consequently, to address these vacancies, interim regional heads will be appointed until definitive regional heads are elected following the 2024 elections. This paper aims to scrutinize the representation of the populace within the framework of appointing regional heads in Indonesia and to evaluate the concept of democrati…
Realizing a Polite Society on Social Media
The flow of information technology development cannot be contained. Migration from the era of citizens to netizens is an impossible thing to avoid. This study aims to examine the relationship between the development of information technology in the digital era, especially on social media, and the Human Rights perspective. This research uses normative legal research methods to find ideal formulations and boundaries for netizens to become polite pe…
A Critical Evaluation of Environmental Dispute Resolution Mechanisms in Bangladesh
Pollution is now the greatest dangerous threat to humanity. Nowadays, everyone scares pollution more than nuclear blasts. Human well-being and economic prosperity have made environmental conservation a critical global issue. Bangladesh is dealing with a number of environmental issues, including deforestation, land degradation, air pollution, water contamination, and biodiversity loss. In Part II (Fundamental Principles of State Policy) of the Ban…
The Criminal Liability of Spreading Fake News on Social Media in Indonesia
The spread of fake news on social media raises many legal problems in Indonesia. These legal problems are mainly seen in the formulation of the law as well as in the law enforcement area. Legal problems related to the spread of fake news must be resolved at the level of legislation, policy, and law enforcement because it negatively impacts someone. In addition, studies on the spread of fake news in the Indonesian context are still overlooked. The…
The Freedom of Contract
The presence of free trade zone and the increase in cross-border trade, have led to a significant increase in transnational legal relations. As a result, international contracts have become more common, and the principles of freedom of contract, including the freedom to choose the law and forum, have become increasingly important. Freedom of contract is a very universal principle. Almost all countries in the world recognize it as a very fundament…
Revisiting the Customs Act 1969 in line with WCO’s International Convention on the Simplification and Harmonization of Customs Procedures 1974
In the present-day system of integrated world economy, the administration of customs or customs procedure clearly carries considerable effects on the trade transactions both within the border and beyond. In fact, the gravity of the cross-border business potentials leads to the realization of simplifying and harmonizing the customs procedures all over the world. Moreover, the development and operation of the modern customs administration signifies…
When the Court Decisions Encourage Deforestation in Indonesia
The abstract presents a critical analysis of the role played by court decisions in the prevention of deforestation. Over the past few decades, Indonesia has witnessed extensive deforestation, primarily due to the expansion of oil palm and agriculture. This has had a significant impact on Bali's tourism industry, which heavily relies on this sector for development. The Tahura Mangrove Forest Project serves as an example of a tourism venture that h…
Human Rights Violations in Indonesia’s National Strategic Development Project
The Indonesian Legal Aid Foundation has identified several typologies of structural land cases. One of them is land cases concerning the development of infrastructure projects. In recent years, the government has intensified particular infrastructure projects by designating them as National Strategic Projects (PSN). The designation of certain locations for these National Strategic Projects often overrules the consent of local communities who will…
State Obligation in Fulfilling the Right to Health through the Mandatory Covid-19 Vaccination
The spread of the COVID-19 virus has become a major international health crisis. Most governments worldwide have had to impose severe restrictions on their citizens' freedoms due to the outbreak to contain the disease. After the vaccine for COVID-19 became available, many countries, including Indonesia, implemented mandatory COVID-19 vaccination. This policy is very controversial to be debated, especially regarding human rights violations (the ri…
The Legal Protection for Young Domestic Workers in Ethiopia
As the saying goes, the child is the father of the man. We must properly bring up and protect our children today not least because in the future they will shoulder huge responsibility in taking charge of this country after replacing us. In many countries, especially developing ones like Ethiopia, children engage in different types of works for various reasons. Domestic work is one of such sector. Child (domestic) work is not prohibited if it is d…
The Phenomenon of Child Marriage in the Pandemic Based on Legal, Social and Health Studies
This research reviews the phenomenon of child marriage during the pandemic, from a legal, social and health perspective. Based on data from UNICEF, Indonesia ranks eighth in the world with the number of child marriages reaching 1.4 million children. Data on child marriage from the 2018 National Socio-Economic Survey recorded that the number of child marriages in Indonesia was quite high, reaching 1,220,900 incidents. This means that about 1 in 9 …
Legislative Policy and Accountability for Pollution Crimes by Ship Operations in Indonesian Waters
Tujuan dari tulisan ini adalah mengkaji kebijakan legislatif yang mengatur tindak pidana pencemaran di perairan Indonesia berdasarkan UU PPLH dan UU Perkapalan serta pertanggungjawaban pidana bagi pelaku pencemaran di perairan Indonesia. Penelitian menggunakan metode yuridis normatif dengan pendekatan penegakan hukum, pendekatan kasus, dan pendekatan komparatif. Hasil penelitian tersebut merupakan kebijakan legislatif tentang pencemaran di perair…
The Legal Protection of the Digital Platform Workers in Indonesia
This study analyzes labor law arrangements in Indonesia, Germany and United Kingdom, mainly how several countries protect digital platform workers. Furthermore, this research evaluates the implementation of such a law to advance labor law in Indonesia in protecting digital platforms workers. This research used normative legal analysis, employing a statutory, conceptual, and comparative approach with Germany and the United Kingdom. The results ind…
No prominent publications on this page.
Criminal Law Policy on the Protection of the Marriage of the Underage Children
Anak sebagai manusia yang tergolong dalam kelompok rentan membutuhkan perlindungan dalam masa tumbuh kembangnya, salah satunya perlindungan dari perkawinan di bawah umur. Ironisnya, Indonesia sedang berada pada kondisi darurat perkawinan di bawah umur. Secara normatif, UU Perlindungan Anak menempatkan peran orang tua untuk mencegah anak dari perkawinan di bawah umur. Di sisi lain, UU Perkawinan mempermudah perkawinan di bawah umur melalui hak ora…
Land Acquisition for Public Interests
Land acquisition for public purposes is an activity intended for the public interest that uses community land. To be able to carry out development in the public interest, the government uses state land. If state land is not sufficient or cannot maximize development, the government can use land from individuals or groups by carrying out the land acquisition. In implementing land acquisition, the land acquisition team must pay attention to the righ…
Comparing the Contract Between Islamic and Indonesian Laws
In the common transaction, the contract plays a crucial element made between the parties with their consent. Its importance reflects that the contract realizes the parties' agreements and the contract binds the parties mentioned in the agreements. This study aims to review the contract law by analyzing the law of contract from two different laws, which are Islamic and Indonesian laws. This study finds some similarities and differences between Isl…
Reformulating Political Party Court Procedures in Parties' Dispute Settlement
This paper aims to revisit the procedures for internal dispute resolution of political parties through political party courts. Reformulation is the stage of law enforcement in abstracto by the legislature or is limited to the formulation of provisions and substances that will be regulated in law in accordance with the situation and conditions, both present and future. The political party court is an important institution in the law enforcement pr…
The Cost of Panai' as the Marriage Requirement for the Migrant Bugis Tribe under Adat Law
This research aims to examine the legal phenomena of the application of the panai money, the cost imposed for the migrant Bugis customary law community in Sukabumi Village, Mayangan District, Probolinggo City, East Java. In other words, Panai' money is such customary money which must be handed over in Bugis tribal marriages. The data analysis method used is descriptive qualitative. Data collection techniques using literature study, observation, i…
Child-Friendly Cities and Districts As Human Rights Protection in Indonesia’s Decentralization Context
This paper aims to examine the implementation of the Child Friendly Cities and Districts in Indonesia, as part of the decentralized agenda of current Indonesian reform. Child protection has become one of the current problematic issues. This protection includes the effort to guarantee and ensure the right to live, grow, develop, and participate fully in realizing each child's future. The Indonesian government introduces regional child protection, …
Fair Use Doctrine in Photocopying Books for Educational Purposes
Globalization has offered a multitude of opportunities and challenges, mainly when it deals with copyright. The scope of copyright has been broad, encompassing various aspects of life, especially in literature and education. This study aims to analyze Indonesia's copyright issues, particularly regarding the reproduction of books deemed to have lesser protection for authors, dealing with the fair use doctrine. This doctrine considers that work is …
Revisiting the Land Conversion of the Protected Forest for the Mining Industry in Tumpang Pitu, Banyuwangi
Indonesia is a country that has abundant natural resources, both renewable and non-renewable. The wealth of natural resources contained in the motherland can be utilized for the needs and welfare of the people of Indonesia under Article 33 paragraph (3) of the 1945 Constitution. One of the natural resources in Indonesia is forests. The government establishes a forest area as a protected forest area for a benefit that is expected by law. There is …
Legal Consequences of Refugees’ Visa Misuse to Obtain Indonesian Citizenship
This paper aims to examine problems regarding the possible abuse by refugees inconsistent with Indonesia’s laws and regulations. In the context, the government can make efforts to deal with refugees who enter Indonesia illegally and the government can formulate new laws and regulations that can discuss problems caused by refugee actions in more detail, clearly and in detail, starting from the arrest process to the sanctions process that is obtain…
Political Rights of the Indonesian Citizen Possessing Dual Citizenship
The issue of citizenship is one part of the study of state studies or commonly referred to as State Administration Law. One element of state existence is citizenship (algemene staatslehre). In the context of citizenship, the issue of citizenship is critical because, in general, the state consists of three elements, namely the territory, people who are identical with citizens, and sovereign government as a constitutive element and the recognition …
Optimizing Omnibus Law in Indonesia
Omnibus law is often regarded as a practical solution to harmonize and synchronize statutory regulations. In practice, the application of this model tends to be pragmatic and less democratic. This paper aims to analyze the essential considerations for selecting the omnibus law model in Indonesia, following its implementation challenges and the relevance of using Artificial Intelligence (AI) in the legislation. By combining doctrinal and socio-leg…
Corporate Legal Liability for Corruption in the Private Sector
Corruption in the private sector has been an emerging issue in Indonesia, regarded to become a serious problem to the rule of law. In this case, the problem is the difficulty in tracking down perpetrators of corruption in the private sector since legal accountability does not pay serious attention. For example, the Rolls Royce case involved many jurisdictions in Indonesia that experienced obstacles due to limited authority and low commitment from…
Examining the Reproductive Rights in the Wake of Covid-19 Pandemic in Nigeria
The prospect of achieving sustainable reproductive rights protection in the wake of the COVID-19 pandemic in Nigeria has remained an intractable problem. To identify and recognize reproductive rights, it is necessary to comprehend that reproductive right embraces certain human rights recognized in national and international laws, including international human rights’ documents. This paper examines the existing Nigeria laws on reproductive and hea…
Corporate Social Responsibility and MNCs
Recent investment treaties recognize corporate social responsibility (CSR) as a mechanism for regulating corporate behavior concerning the protection and promotion of human rights, social and environmental standards. These treaties often include a universally recognized soft law version of CSR developed by the International Labor Organization (ILO) and the Organization for Economic Co-operation and Development (OECD), considered prominent sources…
Female Genital Mutilation as Violence Against Women
Today, women and girls are less likely to undergo female genital mutilation (FGM) than decades ago. However, the practice is still near-universal in some countries. FGM is still practiced because societies still hold their traditional values and norms. According to UNICEF, at least 200 million women and girls have been subjected to the practice in 30 countries, mainly those in Asia and Africa. This study aimed to analyze FGM as violence against w…
The Dark Side of Tobacco Industry's CSR
This paper aims to seek the legal substance's core problem to reveal how the hegemony latently operates. By doing so, it deconstructs the established dogma about the industry's misperceived social reputation that frequently serves as justifications favoring the industry. As the only country in the Asia-Pacific region that has not yet accessed the Framework Convention on Tobacco Control (FCTC), Indonesia faces an alarming smoking prevalence rate. …
Constitutional Complaint in Indonesia Through the Lens of Legal Certainty
To date, there is no trial mechanism for Indonesian citizens to claim their rights through the constitutional complaint, even if the Constitutional Court has existed since 2003. In fact, civil rights guaranteed in the 1945 Constitution are often ignored by the government even though these rights are essential in promoting the rule of law. This paper aims to revisit the range of constitutional complaints and further consequences about the legal ce…
Philosophy of Law
The article is a book review that supposedly does not need an abstract
Covid-19 Pandemic and Simultaneous Regional Head Elections in Indonesia
The COVID-19 pandemic hurts almost all sectors, particularly the government, like the simultaneous Regional Head Election. The Indonesian government, along with the General Election Commission and the Indonesian House of Representatives through the Government Regulation in Lieu of Law No. 2 of 2020, agreed to postpone it until December 2020 to reduce the spread of COVID-19. To date, the pandemic has not ended yet, considered that the delay might …
Legal Analysis of the Nature of Cyber Currency in Iran
Electronic money as the monetary value stored in an electronic instrument is the last step in the gradual evolution of money, described as the immaterialization and invisibility of money. It is an emerging phenomenon that can perform the functions and duties of money. This study aimed to investigate the legal concept of cyber currency in Iran-Islamic and EU law in a comparative view. This study mainly considered e-money as a payment method and di…
Adat Law and Legal Pluralism in Indonesia
Adat law is part of Indonesia's legal system with unwritten characteristics. To some extent, it embeds with religious values. As a country with pluralist societies, adat law plays an important role in Indonesia that increasingly adds the critical discourse of legal pluralism since it originates from indigenous values based on habits to execute from the older generation. This study aimed to analyze the contextual development of adat law in Indones…
Legal Transplant to Decolonization in the Evolution of India’s Corporate Legislation
In India, most existing legislation resulted from a "legal transplant" that gradually occurred in colonial times. India is a common law country that follows the colonial pattern of law-making. Most of the legislation owes the British East India Company, including regulation of modern business corporations. This paper aimed to examine the history and formation of corporate legislation in India and its deviation from the legislation of the origin c…
Promoting the Responsibility to Protect through Non-State Armed Groups
Promoting responsibility to protect through non-state armed groups will immensely reduce humanitarian crises around the globe. This paper aimed to analyze in detail the notion of responsibility to protect through non-state armed groups and its constitutive elements and set out a legal test that will expand the pre-existing notion of humanitarian intervention. In doing so, the paper advanced several conceptual arguments that focused on the respons…
Harmonizing International Commercial Arbitration
Harmonizing international commercial arbitration with domestic courts is paramount in international commercial law. In this aspect, the time limit decided for setting aside an award is an essential aspect of the entire process of harmonization. By using in-depth analysis, this paper aimed to analyze the judicial practice of the period to set aside an award across common law jurisdictions. This paper contended that domestic courts lack the authori…
Rights to Access of Public Facilities in Health Services for People with Disabilities
In Indonesia, the rights of people with disabilities (PwD) have not been fully fulfilled despite vigorous attempts to accommodate human rights for decades. Indeed, the Government has a commitment to fulfill the PwD rights in PwD Law 4/1997 and ratified the Convention on the Rights of Persons with Disabilities. In practice, the Government could not fully fulfill the PwD rights by providing facilities in the health sector. In this context, the Rege…