Legal Sociology Research Articles

Penegakan Hukum Tindak Pidana Penganiayaan Yang Dilakukan Narapidana Di Lembaga Pemasyarakatan Perempuan Kelas II B Jambi

Prisons are a place to develop prisoners so that when they leave the prison the prisoner will no longer commit a crime. However, in reality, in prisons there have also been criminal acts committed by the prisoners themselves, namely criminal acts of abuse between prisoners. The research method used in this research is using a legal sociology approach with an activity plan for 6 months and the scope of this research is criminal acts committed by prisoners in prison. The materials used in this research are primary legal materials and secondary legal materials. The place used in this research is the Class II B Jambi Correctional Institution. The data collection technique is in the form of interviews and the analysis technique is qualitative analysis. The results of the discussion of this research are that severe disciplinary penalties have not been strictly enforced against inmates who commit criminal acts of abuse and the obstacles are the small number of prison security officers, the lack of interest of prisoners in participating in coaching programs and the facilities and infrastructure which are still limited.

Sociological Study of The Civil Rights of Extramarital Children Towards Biological Fathers Post Constitutional Court Decision No. 46/PUU-VIII/2010

The sociological legal study provides meaning that it examines the nature of humans or human interactions as legal subjects in relation to the law, as well as investigates legal norms. The Sociological Study on Extra-Marital Child's Rights to their Biological Father after the Constitutional Court of Indonesia Decision No. 46/PUU-VIII/2010, examines the legal sociology of recognizing the biological father in light of this decision. Recognition in civil matters for the biological father cannot be enforced, except in cases where it is compulsory under criminal law, as stipulated in Article 280 and 287 of the Civil Code (BW). The rights of Extra-Marital Children (EMC) protected by the Constitutional Court's decision have altered the norm of Article 43(1) of the Marriage Law (UUP) and the law in action regarding the proof of biological paternity. The purpose of this research is to sociologically examine the rights of extra-marital children regarding their biological father after the Constitutional Court's decision, particularly in proving the blood relationship between the child and their biological father based on the Constitutional Court's decision, thereby ensuring the children's civil rights. This research employs a normative-sociological research method, as well as primary and secondary legal materials to support research credibility. The Sociological Study on Extra-Marital Child's Rights after the Constitutional Court's decision faces challenges in its sociological application. In this study, legal sociology only amends the legal norm of Article 43(1) of the Marriage Law as per the Constitutional Court's decision, while the enforceability of proving the civil rights of the biological father cannot be automatically imposed.

Aplikasi Pendekatan Interdisipliner dalam Studi Hukum Perkawinan:

This paper aims to strengthen the opinion that says the importance of applying a more conical interdisciplinary approach to the study of marriage law and applying an interdisciplinary approach in studying, exploring, understanding, and applying Islamic family law in everyday life. Research using qualitative methods. While the approach used in this study is legal sociology with the theory of legal effectiveness. The results of this study resulted in three conclusions. First, interdisciplinary means collaboration between one science and another in examining a problem, is a unit with its own method. In addition, it is also said that integration between one science and another, so as to form a new science and with new methods. For example, the combination of social and political becomes socio-political, the combination of politics and religion becomes political-religious, the combination of psychology and social becomes social psychology and so on. The need for habituation in using an interdisciplinary approach in studying, understanding and practicing all legal issues, especially those bound by family law. Second, an interdisciplinary approach is one method that is able to answer increasingly complex problems. Besides that, the interdisciplinary approach that is being operated also provides a new perspective in answering existing problems, so that the interdisciplinary approach is expected to become a distinction in the content of family law. And thirdly, in the perspective of legal sociology and legal effectiveness theory, child marriage is still an unresolved social problem, even though Islamic law rules and laws have regulated the age limit for marriage. This was driven by the lack of awareness of the rural community that these regulations were promulgated. So that the practice of underage marriage still often occurs continuously. Sociologically, the occurrence of the practice of underage marriages is motivated by the belief of the community that a child who enters the age of puberty must be married off immediately, in order to avoid greater dangers, such as committing acts that are prohibited by religion (violating religious rules). . Keywords: Application, Interdisciplinary Approach, Marriage Law

Responsibilities of Heirs in Paying Debts of Heirs Perspective Ulama of Regency Bener Meriah

One of the heir's responsibilities towards his heirs is to settle the heir's debts that may have existed while he was still alive. The issue is to what extent is the heir's responsibility in paying the heir's debts if the heir does not leave sufficient assets to pay his debts. This paper aims to examine the practices and perspectives of Bener Meriah Regency ulama regarding the responsibility of heirs in paying the heir's debts. This research is empirical legal research, with a legal sociology approach. Primary data sources were obtained from interviews with the public and ulama. Secondary data sources were obtained from primary legal materials, namely the Compilation of Islamic Law and secondary legal materials, namely fiqh books. The data analysis method used is a qualitative analysis method. The results of the research show that some Ulama from Bener Meriah Regency are of the opinion that the heirs have an obligation to pay the debts left by the heir until they are paid off. If the assets left behind are not sufficient, then the heirs will pay them from their own assets, which can be done in installments. However, some ulama agree with the KHI provisions which limit the heir's obligation to pay debts to only the amount of assets left behind, without having to use the heir's assets to pay them as stated in Article 175 paragraph 2. Implementation of the KHI provisions is recommended by means of deliberation with the parties. -the party who owes the debt, so its implementation cannot be forced. Keywords: Heirs, Debt, Heirs, Bener Meriah Regency Ulama

Methodological aspects of the research of the sociological concept of law in the USA

The article analyzes the methodological aspects of the study of the sociological concept of law in the USA. It is noted that the most important question of a methodological nature is the question of the sociological concept of law in US jurisprudence of the 20th century. as a subject of research of historical and legal science, or its constituent history of political and legal studies. Given the fact that the sociological concept of law is one way or another studied by the philosophy of law, the theory of law, the question arises about the relationship between these sciences.
 The subject specificity of the history of legal thought and the history of the philosophy of law is shown. The relationship between the history of legal thought and the history of the philosophy of law is revealed to be of methodological importance for the study of the sociological concept of law in the jurisprudence of the USA of the 20th century, as it allows the formation of a methodology of knowledge based on philosophical and legal approaches and principles and a special methodological toolkit (methods and techniques) of the theory of law and philosophy rights Philosophical and legal conceptual approaches and principles have a worldview character in research and allow the use of concepts of the theory of legal understanding. In other words, the category sociological concept of law and as a result of its development sociological legal understanding has a philosophical meaning. The filling of this content took place with the help of various approaches and directions of general theoretical jurisprudence, in particular anthropological, etymological and legal. approaches of legal sociology. At the same time, this content (meaning) has a specific historical layer of knowledge. The content of the category “meaning” in the history of legal thought finds its fulfillment in the fact that it is connected with the understanding of the specifics of the studied era, the identification of its peculiar properties, the understanding of the studied teaching in its modern scientific and theoretical significance and cognitive value, the clarification of objective social significance (social meaning) and personal meaning (personal meaning) in the reproduction of past historical reality, reconstruction of historical situations.

Aplikasi Pendekatan Interdisipliner dalam Studi Hukum Perkawinan: Studi Kasus Perkawinan di Bawah Umur

This paper aims to strengthen the opinion that says the importance of applying a more conical interdisciplinary approach to the study of marriage law and applying an interdisciplinary approach in studying, exploring, understanding, and applying Islamic family law in everyday life. Research using qualitative methods. While the approach used in this study is legal sociology with the theory of legal effectiveness. The results of this study resulted in three conclusions. First, interdisciplinary means collaboration between one science and another in examining a problem, is a unit with its own method. In addition, it is also said that integration between one science and another, so as to form a new science and with new methods. For example, the combination of social and political becomes socio-political, the combination of politics and religion becomes political-religious, the combination of psychology and social becomes social psychology and so on. The need for habituation in using an interdisciplinary approach in studying, understanding and practicing all legal issues, especially those bound by family law. Second, an interdisciplinary approach is one method that is able to answer increasingly complex problems. Besides that, the interdisciplinary approach that is being operated also provides a new perspective in answering existing problems, so that the interdisciplinary approach is expected to become a distinction in the content of family law. And thirdly, in the perspective of legal sociology and legal effectiveness theory, child marriage is still an unresolved social problem, even though Islamic law rules and laws have regulated the age limit for marriage. This was driven by the lack of awareness of the rural community that these regulations were promulgated. So that the practice of underage marriage still often occurs continuously. Sociologically, the occurrence of the practice of underage marriages is motivated by the belief of the community that a child who enters the age of puberty must be married off immediately, in order to avoid greater dangers, such as committing acts that are prohibited by religion (violating religious rules)

The Integration Between Syara’ and Ade’ in Marriage Tradition Bugis Bone, South Sulawesi

This study seeks to examine the incorporation of Islamic and customary law into the marriage customs of the Bugis Bone community in South Sulawesi. This research is an empirical legal study employing a legal history and legal sociology methodology. The data for this study was generated from studies of relevant literature and in-depth interviews. This study suggests that syara' and ade' are integrated in the Bugis marital tradition, as evidenced by sompa or dowry, tudang penni, mappacci and mabbarazanji, mappanre tame, and assitulung-tulungan or ma'jama (helpng each other or work collaboratively). If you are referring to the study of Islamic law, then this tradition is part of al-urf, which does not contradict the Qur'an, Sunnah, or good practices, and can be adopted because it provides benefits and advantages. The diverse marriage rituals practiced by the Bugis Bone group are the consequence of the fusion of Islamic and customary law that has occurred throughout the course of the community's history. Because Islamic law, being the most essential component of Islamic teachings, cannot be divorced from society's norms, which have become living law. This fact also constitutes a scientific argument that refutes the receptie theory advanced by earlier experts. From the perspective of Islamic law, the marriage tradition of the Bugis Bone group revealed a harmonious combination of Islamic and customary law. Similarly, sociologically, this integration is able to create rules that control and help achieve harmony and mutual benefit.

Phenomena of Corruption as A Social Pathology: A Review on Legal Sociology

This research examines the factual issues of eradicating and legal enforcement of corruption in Indonesia. In addition, the phenomenon of corruption as a social sickness is evaluated from the perspective of legal sociology research. Utilizing a descriptive-analytical research approach, literature studies are conducted to collect a variety of trustworthy resources and information. The study's findings indicate that the problem of eradicating and enforcing anti-corruption laws in Indonesia has become a cycle of corruption that will not end unless the state undertakes supremacy-reform initiatives in three areas: socio-cultural, legal instruments, and institutional-structural-functional. Corruption has become societal cancer that affects the development of legal culture in society. Corruption is viewed as a structural functionalism framework. Deviant conduct of officials v from a breach of the social structure's functioning.

Conceptual Problems of Identifying Monopolistic Agreements and Other Monopolistic Actions

Introduction. The article is devoted to conceptual issues and problems of identifying monopolistic agreements and other monopolistic actions in the context of the tasks of applying the methodology of economic and legal analysis in antimonopoly law and practice for the purpose of improving the effectiveness of antimonopoly policy, improving the quality of resolving administrative and judicial cases arising from the application of antimonopoly legislation. Theoretical Basis. Methods. The theoretical basis of this article is the works of domestic and foreign researchers in the field of jurisprudence and economic sciences, primarily the methodology of economic and legal analysis, the economic analysis of competitive markets and antimonopoly regulation, public, primarily administrative and administrative procedural law, antimonopoly (competition) law, business law and related scientific fields. The methodological basis of this research is a complex of philosophical, general scientific and private scientific methods of cognition, including the balance of interests as a based on the convergence of legal ideas of justice and interest philosophical basis for developing optimal legal solutions in regulation and law application, dialectical, hermeneutic, formal legal, comparative legal, comparative historical, economic and legal analysis, legal sociology, etc. methods. Special attention is paid to the method of economic and legal analysis. Results. Using the elements of a retrospective comparative-historical analysis, the differences of the modern system of antimonopoly regulation are revealed, the peculiarity of which is the ontological connection of law and economics. This determines the need to create conditions for the integration of high-quality economic and legal analysis sufficient for the objective resolution of antimonopoly cases into the current system of means of countering monopolistic activity, as well as the resolution by courts and administrative bodies of various categories of cases arising from the application of antimonopoly legislation. From the standpoint of the principles of balance of interests, proportionality (efficiency, rule of reason), economic and legal analytical approach to assessing the legality of market behavior, law enforcement practice, official acts of judicial interpretation, especially the “antimonopoly” resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 4, 2021, are considered. Its importance for the further implementation of the economic and legal analytical method in antimonopoly science, legislation, practice in order to increase the effectiveness of antimonopoly policy, to ensure the socio-economic interests of citizens, society, and the state is emphasized. Discussion and Conclusion. As a result of the study, proposals aimed at ensuring constitutional goals and values in antimonopoly regulation and practice related to the implementation of the economic and legal analytical approach, ensuring the principles of balance of interests and proportionality (efficiency, rule of reason), including proposals to amend Article 13 of the Law “On Protection of Competition”, correction of the objectives of antimonopoly legislation, the use of economic expertise in the antimonopoly process, etc. In particular, the proposals on the need to expand the scope of Article 13 of the Law “On Protection of Competition”, revision of the concept of per se in Russian antimonopoly regulation and law enforcement are substantiated.

Juridical Analysis of Farmer Group Legal Security

Farmers have made a real contribution to agricultural development and rural economic development. to realize food sovereignty, “food self-sufficiency and food security in a sustainable manner, farmers as actors of agricultural development need to be given protection”. The idea of forming a group comes from the fact that each individual cannot fulfil their needs individually as experienced by the less fortunate Panoramic farmer groups so they need support to develop their socio-economic life. The research was conducted as an effort to prove that the counselling activities provided were able to encourage the group. This study uses a legal sociology approach. This research took place in Pamotan Village, Dampit District, Malang Regency. Primary data was obtained from observation and direct interviews with informants and data analysis using interactive analysis models. The results of the study found that the Malang district government played a role in the development of panoramic farmer groups by providing counselling and training to members of farmer groups, this phenomenon indicates that the government and stakeholders have participated in carrying out their duties based on the provisions of Article 66 of Law Number 19 of 2013 concerning Protection and Empowerment Farmers, by facilitating farming capital, are proven to have legal protection for the Panoramic Farmer Group. They receive assistance from the government in the form of KUR loan assistance for agricultural operations with small interest and also receive assistance in the form of machinery, transportation equipment and building materials to support the quality of the Panorama Farmer Group's farmer production.

Dispute Settlement in Complete Matic System Land Registration

This article analyzes Legal Protection for Complete Systematic Land Registration (Pendaftaran Tanah Secara Sistematis Lengkap) or PTSL and Dispute Resolution in PTSL.This research is an empirical legal research with statutory approach, case approach, concept approach, and legal sociology approach. The results of this study indicate that legal protection for certificate holders in the PTSL Program is not absolute and only strong because the land registration system in Indonesia adheres to a negative publication system. Dispute settlement in the PTSL Program is resolved through the Non-Litigation and Litigation channels. Based on research at the Gianyar Regency Badan Pertanahan Nasional Office (BPN) or National Land Agency Office and the Tabanan Regency BPN Office, disputes over Overlapping Certificates and Inheritance Disputes dispute settlement through Non-Litigation Methods are carried out by means of Mediation accompanied by a Mediator, which Overlapping Disputes Pays little attention to the elements of Theory Legal Justice because there is no settlement procedure, whereas inheritance disputes have fulfilled the elements of the Theory of Justice where there is a fair procedure in the stages of settlement. Based on the results of research at the Tabanan Regency BPN Office and Karangasem Regency BPN There is a Customary Land Claim Dispute which was resolved through the Litigation Line at the District Court was decided based on considerations of coherence between Physical Data and Juridical Data in the issuance of Certificates of Land Rights which are in accordance with the Theory of the Legal System reflects the Substance The law has clear rules in the judge's considerations, the legal structure has law enforcement officers formed from the legal system, in this case the Adjudication Committee and Judges at the District Court, the Community's Legal Culture towards the PTSL Program reflects that there is still bad faith from the community in submitting its registration.

Improving Girls' Rights in Early Marriage in the Indonesian Legal System

Indonesia ranks 10th in the world of child marriage and second in Southeast Asia. The Indonesian government anticipated this by requiring the age of marriage to be 19 for girls, but in the reality, this regulation has not been effective in preventing it, as marriage of girls under 19 in Indonesia is a social problem, despite the detriment of girls. This is the reality, so it is necessary to conduct comprehensive research aimed at finding solutions to the problem of girl-child marriage. The rights of girls must be protected, especially the rights in marriage. This research is a type of legal sociology with an empirical approach. Looking for data on the fact that girls are getting married. The conceptual approach is based on the doctrine of the issue of girl-child marriage, and the normative approach is the study of norms for the protection of girls. Technical analysis is qualitative descriptive. The results showed that poverty, promiscuity, and cultural factors were the causes, as well as legal factors that were unable to prevent it due to the incompatibility of Article 7 paragraph (1) with paragraph (2) of the Indonesian Marriage Law, thus building a new concept of "Peace in the Protection of Women's Rights" as a new concept of thinking to overcome girl child marriage. The government should set up a multisectoral Independent Institute for the Prevention and Protection of Women's Rights, as an alternative to address the problem of underage girl marriage in Indonesia, to create a quality generation of the nation.

Childfree, the Digital Era, and Islamic Law: Views of Nahdlatul Ulama, Muhammadiyah, and Gender Activists in Malang, Indonesia

Childfree is a life choice not to have children after or before marriage, whether biological children, stepchildren, or adopted children. This article discusses how childfree is influenced by the digital era and what the perspective of Islamic law is according to the views of ulama and gender activists in Malang, East Java. This empirical legal study used legal sociology and maqāṣid al-sharī’ah approaches. Data were collected by means of in-depth interviews and a literature review. Findings showed that child-free development in Indonesia has been influenced by the digital era through online media, which quickly spread and made it easier for people from various countries to interact and share information. One of the objectives of Islamic law (maqāṣid al-sharī'ah) is to maintain offspring (hifz al-nasl) through marriage. According to the ulama, being childfree is contrary to Islamic law and the nature of humanity. According to the Nahdlatul Ulama, Muhammadiyah, and gender activists, the laws on childfree can be summed up in two ways: haram and mubah. Childfree is haram (unlawful) because it is contrary to maqāṣid al-sharī’ah, i.e., preserving offspring, as it is also the goal of marriage. Childfree is mubah (allowed) if there are reasons that are condoned by the sharia, e.g., health problems, physical limitations, and psychological conditions that prevent the wife from having children. Sociologically, the government and all related parties need to provide education to the public so that the meaning of childfree can be understood properly and correctly.

Responsibilities of Heirs in Paying Debts of Heirs Perspective Ulama of Regency Bener Meriah

One of the heir's responsibilities towards his heirs is to settle the heir's debts that may have existed while he was still alive. The issue is to what extent is the heir's responsibility in paying the heir's debts if the heir does not leave sufficient assets to pay his debts. This paper aims to examine the practices and perspectives of Bener Meriah Regency ulama regarding the responsibility of heirs in paying the heir's debts. This research is empirical legal research, with a legal sociology approach. Primary data sources were obtained from interviews with the public and ulama. Secondary data sources were obtained from primary legal materials, namely the Compilation of Islamic Law and secondary legal materials, namely fiqh books. The data analysis method used is a qualitative analysis method. The results of the research show that some Ulama from Bener Meriah Regency are of the opinion that the heirs have an obligation to pay the debts left by the heir until they are paid off. If the assets left behind are not sufficient, then the heirs will pay them from their own assets, which can be done in installments. However, some ulama agree with the KHI provisions which limit the heir's obligation to pay debts to only the amount of assets left behind, without having to use the heir's assets to pay them as stated in Article 175 paragraph 2. Implementation of the KHI provisions is recommended by means of deliberation with the parties. -the party who owes the debt, so its implementation cannot be forced.

Sistem Pendistribusian Zakat oleh Baznas Kabupaten Langkat Menurut Undang – Undang No. 23 Tahun 2011 tentang Pengelolaan Zakat: Studi Kasus di Desa Karang Rejo, Kec. Stabat, Kab. Langkat

UU no. 23 of 2011 concerning Zakat Management as a complement to the previous law, namely Law no. 38 of 1999. This law provides institutional strengthening in integrated zakat management into a unified integrated system. In turn, the National Amil Zakat Agency becomes the only institution holding zakat authority, and the Amil Zakat Institution as a partner in assisting the National Amil Zakat Agency, as well as government oversight as a regulator. The research aims to answer the problem of how the distribution of zakat according to zakat law no. 23 of 2011 in Kab. Langkat. How is the zakat distribution system by BAZNAS Langkat Regency in Karang Rejo Village. What are the factors that cause delays in the BAZNAS distribution system in Langkat Regency. How is the strategy carried out by BAZNAS Langkat Regency to increase the collection and effectiveness in distributing zakat in Karang Rejo Village, Langkat Regency. This research is a qualitative research using a legal sociology approach. The types of data used in this study are primary data and secondary data, secondary data as initial data obtained from primary and secondary legal materials, then followed by primary data or field data obtained from documents and interviews with several Amil Agency officials Langkat District National Zakat. The results of the study show that the National Amil Zakat Agency in Langkat Regency has not run optimally in the distribution of zakat due to several obstacles, one of which is the lack of synergy with the local government in terms of regulations that have an impact on non-optimal distribution.

Legal Protection of Correction Institutional Citizens Who Have Obligation to Work At Rutan Bangli

The sentencing process is the estuary of the justice system and law enforcement in Indonesia. However, not many people know that apart from serving time in correctional institutions and detention centers, convicts also undergo a coaching process and undergo mandatory work. Transforming into productive prisons and detention centers so as to generate PNBP and realize a better economy and for WBP itself can provide a decent life and livelihood. The problem of overcapacity, support for development programs in different nomenclature of detention centers and correctional institutions as well as marketing for sustainability and legal protection are obstacles in realizing optimal results from the development program. The problem to be investigated is from the perspective of how prisoners can act as workers, to the process of coaching and legal protection for prisoners who are undergoing compulsory work at the Bangli Class IIB State Detention Center. The research method used is empirical research by taking a statutory, conceptual, case and legal sociology approach, with primary and secondary data sources with research locations at the Rumah Tahanan Negara Kelas IIB Bangli Center. This study uses data collection techniques by interview, observation and documentation as well as recording with interpretation analysis. The results of the research show that prisoners do not only act as objects but are subjects who enthusiastically participate in compulsory work coaching activities for their own development and the rights that should be obtained, the coaching process at the Rumah Tahanan Negara Kelas IIB Bangli Center can run well to fulfill these rights. Prisoners' rights with coaching programs for working with third parties, and legal protection for convicts who are obliged to work are given preventively through applicable laws and regulations and can be conveyed on a reflexive basis to the Correctional Guardian or during the Correctional Observer Team (TPP) session.

Indigenous Peoples’ Rights in Brazil: A Conceptual Framework on Indigenous Constitutional Law

The recognition of indigenous peoples as subjects of rights by the 1988 Brazilian constitutional as well as the development of International Law opened the way for establishing, at least in a theoretical perspective, an “essential core of rights” of indigenous peoples, surpassing the historical integrationism. However, these norms vary significantly with a reality marked by the permanence of integrationist practices, asserted by the state, as is the case of “timeframe thesis”. Therefore, the aim of this paper is to critically analyse, landed on the fields of constitutional theory and legal sociology, the essential core of indigenous peoples’ rights in Brazil, pointing to the current issues that hinder or hamper its enforcement. Keywords: Indigenous peoples’ rights; Brazil; Indigenous Constitutional Law; Human rights.

TRAINING VILLAGE TENURE RIGHTS ON COASTAL LAND VS VILLAGE ULAYAT IN UNGASAN TRADITIONAL VILLAGE

This paper analyzes the Customary Village Tenure Rights on Coastal Land as Village Customs in the Ungasan Traditional Village. The focus of the study in this paper is on land that has been certified and Ulayat land is joint land with the members of the customary law community concerned. The research method used in this paper is an empirical legal research method using the Legal Approach, Analytical, Case Approach, Customary Law Approach, and Legal Sociology Approach. The analysis of legal materials in this paper is carried out by using several legal theories, namely Legal Certainty Theory, Authority Theory, Justice Theory, and Benefit Theory where these theories will later serve as analytical tools in discussing legal issues in this study. It can be concluded that the right of control over customary land to coastal land follows the concept of control rights regulated in Article 33 paragraph (3) of the 1945 Constitution in conjunction with Article 2 Paragraph (1) of the BAL. The regulation on the use of coastal land controlled by the Ungasan Traditional Village has been stated and regulated clearly as it turns out in the Ungasan Traditional Village Awig-Awig and Ungasan Traditional Village Perarem Number 06 of 2020, it can be seen that there are clear arrangements relating to the use of coastal land areas in the Ungasan Village. Ungasan Traditional Village. In relation to the authority of the Ungasan Traditional Village on the utilization of the coastal land area in its territory, it is based on the existence of the customary land rights owned by the Ungasan Traditional Village based on Article 18 of the 1945 B UUD.

Hukum dan Sosial dalam Hubungan Kemitraan Jasa Angkutan Aplikasi Daring

This study analyzes the partnership relationship between Online Application Transportation Service companies (JAAD) and drivers in legal sociology. The transportation service company is an association of several capital owners to create an application-based transportation business in the network (online). Its presence is not necessarily followed by the availability of adequate statutory instruments. As a result, quite complicated legal issues arise related to the weak legal protection of partners from the JAAD company. Weak legal protection can lead to social and legal precariatization of partners by citizenship. This is important considering that the partners of the In-network Application Transportation Services (JAAD) company, of whom there are millions, are citizens of the Republic of Indonesia who are under the auspices of the constitution. This study used a qualitative research method with a normative and comparative approach to a number of laws, government regulations, and ministerial regulations. In addition, the legal sociology approach was used to obtain qualitative data related to social and legal aspects of vulnerability and resistance. The results of the study showed that JAAD requires many people to earn income but the legal protection for JAAD’s corporate partners is weak, so they tend to be disadvantaged, exploited so that partners experience social, political and legal precariatization.

Divorce Contribution During the Covid-19 Pandemic in Banjarmasin City

The Covid-19 epidemic has influenced numerous facets of human existence. There are a large number of layoffs which has a negative economic impact on the family. According to data made accessible by the Banjarmasin Religious Court, the divorce rate increased from 13729 cases in 2020 to 1652 cases in 2021. This study intended to identify the contribution to the cause of divorce in Banjarmasin during the Covid-19 pandemic. The method employed was empirical legal research, and the approaches were legal sociology and legal psychology. The results revealed that the covid-19 pandemic has contributed to the rising divorce rate. Economic issues, domestic abuse, and the presence of a third party are the leading causes of divorce. In addition, this study indicated that husbands were victims of domestic violence.