Socio-legal Approach Research Articles

Anti-Corruption Efforts in Regional Police Departments: The Role of Regional Inspectorate Supervision Based on Justice Values

This study explores how effective oversight can enhance the utilization of state apparatus for achieving good and clean governance, specifically focusing on the role of regional inspectorates in preventing corruption within regional police departments. The study aims to: 1) analyze why current regulations regarding the regional inspectorate's role in corruption prevention are not based on justice values; 2) identify challenges in these regulations; and 3) propose a reconstruction of the regulations to align with justice values. Using a constructivist paradigm, a socio-legal approach, and descriptive research methods, the study relies on secondary data sources, including primary, secondary, and tertiary legal materials. Data collection is conducted through a literature review, and qualitative analysis is employed for data interpretation. The findings reveal that the current regulation is not justice-aligned due to the supervisory function of the Regional Inspectorate (Itwasda) being under the authority of the Regional Police Chief (Kapolda), rather than the National Police Chief (Kapolri). This structure limits the effectiveness of oversight and suggests the need for a direct reporting line to National Police Chief. Challenges in the existing framework include a lack of specific legal guidelines governing the inspectorate's role in corruption prevention and insufficient synergy between organizational sections and Supervision Inspectorate. Furthermore, there is a cultural reluctance to report corruption. The study proposes reconstructing the regulation to ensure a justice-based framework, including normative revisions to relevant laws and regulations, such as Law No. 20 of 2001 on the Amendment of Law No. 31 of 1999 on Corruption Eradication, and Indonesian National Police Regulation No. 14 of 2018. This reconstruction aims to establish a clearer, more effective oversight mechanism that enhances the inspectorate's role in corruption prevention.

Unregistered Polygamy Validation: Isbat Nikah, Polygamy Permit, and Due Process of Law in Indonesian Religious Courts

This article probes whether methods of validating unregistered polygamy in Indonesian Religious Courts have honored the due process of law. Judges have adopted two different methods in validating unregistered polygamy: first, by ordering concerned parties to apply for the issuance of a retroactive marriage certificate (isbat nikah), and second, by advising them to submit a polygamy permit application. Using the sociolegal approach in examining Ratio Legis and selected cases on unregistered polygamy validation across Indonesia, it finds that the existing methods have impacted protecting women’s and children’s rights and marriage law objectives. Opting for isbat nikah means perpetuating violations of the marriage law provisions and objectives, which restrict polygamy through court proceedings to be orderly administration and protect women’s and children’s rights. Meanwhile, requiring unregistered polygamists to remarry by applying for a polygamy permit could impact wives’ rights who are married without registration and their children’s. The 2018 Supreme Court’s Circular prohibiting the Religious Court from accepting applications for isbat nikah of unregistered polygamy shows its tendency to the formal application of the marriage law provisions. Even so, judges adopt the contentious isbat nikah to legalize unregistered polygamy, mainly when the parties involved accept their polygamy and live peacefully. This bottom-up approach arguably better meets the principles of fairness because all legal rights owed to concerned parties are respected.

The Criminal Law Enforcement Based on Socio-Legal Approach Against Illegal Parking Officers in Achieving Justice

This research aims to analyze aspects of law enforcement based on a socio-legal approach towards illegal parking officers in realizing justice. This research is socio-legal legal research which looks at law comprehensively including its relationship to non-legal aspects. The research results confirm that the factors related to the phenomenon of illegal parking officers are actually complex, including economic, social, cultural and political factors. The existence of illegal parking officers generally occurs because both regulations and law enforcement officers in Indonesia have not been optimal and effective in carrying out law enforcement efforts against illegal parking officers. The concept of criminal law enforcement against illegal parking officers based on a socio-legal approach can also prioritize non-penal and penal efforts so that it is hoped that the criminal law enforcement process can be carried out optimally. Efforts to enforce criminal law for illegal parking officers in realizing justice can be carried out by approaching legal and non-legal aspects in both preventive and repressive law enforcement.

The government's role in legal protection of land ownership: Urutsewu case

Legal protection involves safeguarding human rights violated by others and ensuring the community fully exercises its legally granted rights. In Urutsewu, the conflict arose from the differing perceptions between the TNI and local farmers. The TNI uses the area for defence and weapons testing, while farmers use it to grow crops to support their families. Both parties claim land in Urutsewu for their reasons because there is no clarity on the ownership status between them. This study uses a socio-legal approach, analysing the intersection of law and society by considering social, cultural, and political factors that affect the functioning of the legal system, which aims to examine the government’s role in the protection of law and human rights and its efforts to resolve land ownership disputes in the coastal land area of Urutsewu Kebumen. Progress is being made in recognising legal protection and human rights for land rights ownership in Urutsewu, with land specifications now being clarified for both residents and the TNI. The land disputes stem from unclear land ownership (no certificate), prompting both parties to initiate land registration to ensure legal certainty and land protection in Urutsewu.

The Role and Effectiveness of Judges in Reducing Divorce Rate (Case Study in the Religious Court of Tegal District)

A harmonious and happy marriage is the main goal of marriage. However, in reality, divorce is increasingly common in Indonesia. The Central Statistics Agency (BPS) shows an increase in the divorce rate in recent years. This is a concern for many parties. Lack of communication and understanding between partners is one of the main factors. This research aims to understand the role of judges in helping couples resolve conflicts and reach agreements in the divorce process. Apart from that, this research also examines strategies to increase community access to mediation and counseling services in the divorce process. The research method used is empirical legal research with a socio-legal approach. This research analyzes the law and its practices in society. It is hoped that the research results will provide a deeper understanding of the role of judges in helping to resolve conflicts and reach agreements in the divorce process. It is also hoped that the research findings can provide input for increasing public access to mediation and counseling services in the divorce process.

Tengka, identity politics, and the Fiqh of civilization: The authority of Madura’s Kiai in the post-truth era

This paper explores the role of tengka, a distinctive moral ethic of Madurese culture, in addressing the escalating identity politics in the post-truth era. It focuses on how religious leaders, known as Kiai, in Pamekasan, Madura, respond to identity politics by applying the concept of Fiqh of civilization as a framework for analysis. The study uses a socio-legal approach to explore three key aspects of the Kiai's role: the shifting dynamics of identity politics among the Kiai, the integration of tengka into their approach to identity politics, and the potential benefits and obstacles in this integration process. The findings reveal that the identity politics of the Madura’s Kiai authorities have experienced substantial evolution in the post-truth era. Despite various challenges faced by tengka in the context of identity politics, it presents substantial opportunities for internalization as a strategy to tackle these issues. This aligns with the Fiqh of civilization, which formulates the anticipation of identity politics in realizing al-mashālih al-'ammah (public interest) and strengthening religious moderation. The academic contribution of this research lies in the Fiqh of civilization, which is the contextualization of Fiqh al-siyāsah in analyzing identity politics, offering a unique perspective on the interaction between traditional moral and ethical values and the challenges of modern society.

Akibat Hukum Pengangkatan Pembina Yayasan oleh Pengurus dan Pengawas yang sudah Berakhir Masa Jabatannya

The aim of writing the article is to discuss the legal consequences of appointing foundation supervisors by administrators and supervisors whose terms of office have ended. This study is socio legal research using a socio-legal approach. Data collection techniques used interviews and documentation studies, data analysis used qualitative descriptive analysis. The management and supervisors who appointed the supervisors have had their term of office expired so they do not have the authority to make the appointment. The legal consequences that occur are that the position is invalid, the supervisor does not have authority, the legal action taken is invalid, can be sued if someone is harmed, the meeting decision statement is not an authentic deed, personally responsible if there is loss. The appointment of supervisors is in accordance with organ theory, namely that the appointment of supervisors is necessary because they are the highest organ in the foundation and have an important role in making various decisions. Appointment is contrary to the theory of attributive authority and legal certainty. The issuance of a Decree from the Ministry of Law and Human Rights is the reason to justify the validity of the appointment of foundation supervisors. Abstrak: Artikel ini bertujuan memb

Fiqh Reference Patterns of the Majelis Taklim in Central Kalimantan

Majelis taklim (known as taklim assemblies or taklim council) in Central Kalimantan uses different references in conveying and discussing fiqh material. This leads to a mixture of ideologies, for example, there are indications of deception in using fiqh references. Hence, the research aimed to find out the pattern of fiqh references used by Majelis Taklim in Central Kalimantan. It used empirical legal research with a sociological juridical type and a socio-legal approach. The research showed the fiqh references used by the majelis taklim appear with various ideologies. And, four fiqh reference patterns were found, including the tendentious, the comparative and a mixture of ideologies or non-schools of thought, the pattern with organizational ideology, and the pattern referring towards the Syafi'i school of thought. From the four characteristics, it seems that the tendentious fiqh pattern, either tarjih maqasid or malat al-af‘al, more likely leads to bringing mudharat (negative) and, even, not given benefit for Muslim community as a whole. However, in practice, there are indications of deception that may not be aware of by the public. If this tendentious pattern accepts ideological pluralism would certainly not be problematic. But, in reality, they are seen as splitting-bamboo politics with a scenario according to their interests and status to promote their ideology. Also, it needs to highlight the comparison of fiqh and a mixture of ideologies or non-schools of thought. It is believed that this pattern has its benefits. On the other hand, people who are less well prepared on az-zari‘ah, will deal with their problems, which may lead to ideological chaos.

Immersion of Venezuelan Migrant Workers in Colombia

Objective: this research aims to determine the opportunities offered by various societies, which exercise employment contracts, focusing on subjects with migration circumstances, in this case Venezuelans; examining the global challenges and perspectives that a state assumes, the impact that this phenomenon causes on society, along with its consequences and the adaptation processes in the work environment. Theoretical Framework: The driving factors of migration are investigated from the economic, social, political and demographic order. Method: A socio-legal approach and a qualitative paradigm are used, since the information is collected and selected through reading articles, bibliographies and virtual and in-person meetings. Ideas were exchanged and the different research that was found to contribute to the development of the central theme was socialized. Results and Discussion: The main reasons for migration and the working conditions that the state grants to migrants were determined. Research implications: A wide range of areas are covered, from public policies to labor and social practices. Originality/Value: This research examines various aspects from multifaceted perspectives with main relevance in political and social relations.

Institutional discrimination and local chauvinism. The combative role of pro bono lawyers in defence of migrant minorities’ welfare rights

ABSTRACT The paper deals with the issue of institutional discrimination in relation to the welfare access of migrant minorities in Italy, with a specific focus on the subnational level. Adopting a socio-legal approach that is based on a series of lawsuits, it discusses the role of pro bono legal advocacy in identifying and removing bans introduced by territorial administrations against migrant minorities. First, the paper examines what kind of explicit and implicit criteria of exclusion were introduced. Second, it explores the reasons behind, highlighting why and how «Italians first» has become a widespread welfare politics at subnational level as well as to what extent such sentiment has led to an obstinate resistance for the application of anti-discriminatory principles. Third, the paper brings to the attention the series of obstacles that pro bono lawyers encounter in their activity, showing which problems influence their mission against institutional discrimination in Italy.

Implementation of Trademark Registration to Encourage the Development of Micro, Small and Medium Enterprises in Wonogiri Regency

This study aims to analyze the implementation of trademark registration and the inhibiting factors faced by Micro, Small, and Medium Enterprises (MSMEs) in Wonogiri Regency, as well as to present solutions to overcome these challenges. This legal research is an empirical legal study that is descriptive. The research approach used is a socio-legal approach. The types and sources of legal materials used consist of primary and secondary legal materials. The legal materials are collected through document analysis and interviews. The analysis of legal materials is qualitative with a descriptive analytical method. Based on the research findings, it can be observed that trademark registration for MSMEs in Wonogiri Regency has not been well-implemented. Despite some awareness among MSMEs in this area regarding the importance of trademark registration, there are still obstacles in trademark registration and understanding intellectual property. Factors such as lack of knowledge about trademark registration, low legal awareness, complex registration procedures, and insufficient information about available facilities affect the implementation of trademark registration in this area. To address these challenges, there is a need for increased knowledge and education about trademark registration for MSMEs in Wonogiri Regency. Additionally, providing accessible information and facilities will help improve the implementation of trademark registration so that MSMEs can better understand the benefits and processes of trademark registration effectively

Gender-based Cyberviolence: A Socio-legal Approach to a Continuum of Violence Against Women in Morocco

This article proposes to apprehend, according to a socio-legal approach, gender-based cyberviolence in terms of conceptualization in the eyes of sociologists, jurists and UN organizations, and then to describe the way in which digital technology reproduces relations of domination between the sexes by inserting cyberviolence into a continuum of traditional violence.

Human Trafficking from the Islamic Perspective

This study examines human trafficking from the Islamic perspective, exploring its fundamental principles, historical background, ethical considerations, and contemporary challenges. This study utilizes a qualitative approach which employs both doctrinal and socio-legal approaches. The doctrinal approach allows researchers to understand the Islamic principles of exploitation, while the socio-legal approach scrutinizes the application of Islamic rulings in society. The findings reveal the prohibition of seven types of exploitation, as emphasized in Islamic jurisprudence, which includes exploitation in slavery, transactions, labour, sexual activities, human organs, adoption and acts of injustice. Furthermore, this study explores the principle of non-punishment for victims and the types of punishment for the offender. This study emphasizes the need for collective action to combat exploitation, promote justice, and protect the rights and dignity of all individuals. It strongly encourages individuals, communities, religious leaders, policymakers, and international organizations to work together to eradicate exploitation, uphold justice, and safeguard every individual’s dignity and rights in alignment with Islamic principles and universal human values.

Living beyond borders: the international legal framework to protecting rights to health of Indonesian illegal migrant workers in Malaysia

PurposeThis study aims to analyse in the health access of Indonesian illegal migrant workers in Malaysia, during which time they were not covered by Indonesia’s national social health insurance.Design/methodology/approachThis study adopted a sociolegal approach, the research approach is conducted to understand the effect of a law, policy and regulation on access to health-care access among Indonesian migrant workers working illegally in Malaysia. This research involved 110 respondents who work illegally in Malaysia. The research explored the perceptions of respondents concerning to health access services of illegal migrant workers.FindingsThe study demonstrated the weakness of provisions intended to guarantee the health access to health care of migrant workers from Indonesia illegally working in Malaysia. A decline in health status was observed, but it was not significant. Bilateral cooperation between Indonesia and Malaysia is necessary to provide a framework for Indonesia providing health care to its citizens working in Malaysia, regardless of their legal status.Originality/valueThis paper concerns on the Indonesia illegal migrant workers experiencing illness and the access to the health service in Malaysia, and also the implementation of international regulation to protect Indonesian illegal migrant workers in Malaysia under ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers.

Konsolidasi Tanah terhadap Relokasi Korban Pasca Erupsi Gunung Semeru 2021 dalam Kerangka Kepastian Hukum Hak Atas Tanah

As the year 2021 came to a close, Mount Semeru, which is situated in the Malang and Lumajang districts, erupted, bringing with it hot clouds and lava avalanches that destroyed nearby homes and property, erasing the lines separating the land owned by the locals. Normative-empirical legal research was the research methodology utilised to complete this thesis. The socio-legal approach, the statute approach, and the conceptual approach are the three methods used in this study. All three methods use empirical data from observations and interviews with people to do research. The implementation of land consolidation for relocation following the Semeru eruption, legal certainty regarding land ownership rights for the residential relocation of Mount Semeru eruption victims in 2021, and the idea of land consolidation for the relocation of Semeru eruption victims are the main areas of concern in this research. The concept of land consolidation is in accordance with the regulations of the Minister of Agrarian Affairs and Spatial Planning/head of the national land agency of the Republic of Indonesia number 12 of 2019 regarding land consolidation. As a consequence of land consolidation, the findings of this study will guarantee that the land rights of those affected by the Mount Semeru eruption are legally guaranteed.

TESTING THE OMNIBUS LAW CONCEPT IN LEGAL THEORY: EVALUATING ITS EFFECTIVENESS AS A TOOL FOR SOCIAL ENGINEERING

This research examines the enactment of Law Number 6 of 2023, which formalizes Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation. The law reflects the Indonesian government's efforts to create and expand employment opportunities. However, it is crucial to investigate whether these efforts align with the broader interests of the community or merely serve the ruling elite's agendas. This study assesses whether the law, with its various mechanisms, effectively addresses social conditions in line with the government's objectives—such as reducing unemployment, accommodating new workers, and fostering the growth of cooperatives and MSMEs—or whether it diverges from these goals. A socio-legal approach is employed to analyze whether the government's interests genuinely reflect the community's needs.

Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation

Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongruities between Hindu law and its regulations. In doing so, it provides a deep insight into the complexity of the interaction between Hindu legal traditions and the structure of family law in Nepal. This article discusses in detail the historical development of the recognition of Hindu jurisprudence under Nepal's family law. It illustrates how key laws, such as legal arrangements for marriage, adoption, maintenance, or division, are influenced by Hindu scriptures. The article explains the provisions of the family law (enacted under the National Civil Code, 2017) in light of Hindu laws and practices prevalent in India. It also presents inconsistencies between Hindu laws and embedded regulations. This research approach integrates as legal research with a socio-legal approach, and a thorough literature review to uncover the impact of Hindu jurisprudence on Nepali family law, particularly under the National Civil Code 2017. Through these methods, this article strengthens the understanding of the complex relationship between Hindu legal tradition and family law regulation in Nepal. The conclusion of this study highlights the importance of understanding the practical implications of the application of Hindu law in the context of Nepalese family law, as well as emphasizing the need for consistency and harmonization between Hindu law and applicable regulations to achieve justice in Nepal's evolving family law system.

THE IMPLEMENTATION OF LEGAL RISK MANAGEMENT IN COMPANIES RELATED TO EARNINGS MANAGEMENT OF MANUFACTURING COMPANIES IN THE CONSUMER GOODS INDUSTRY SECTOR LISTED ON THE INDONESIA STOCK EXCHANGE

<table width="574" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="366"><p><em>This study adopts a socio-legal approach, which is a non-doctrinal method in legal research, to explore the role of Directors in implementing legal risk management and earnings management post-COVID-19 pandemic. The research method integrates various disciplines to gather empirical data needed to address research questions focused on practical issues, policies, and legal changes. This non-doctrinal research combines qualitative and quantitative aspects using empirical data to analyze the impact of effective legal risk management on the financial performance and reputation of manufacturing companies in the consumer goods industry sector during the COVID-19 pandemic. Through comprehensive empirical data collection, this study aims to provide an in-depth understanding of the role of Directors in managing legal risks and earnings management and their impact on the financial performance and reputation of companies during the pandemic crisis. Findings from this research are expected to provide valuable insights for legal practitioners, corporate management, and researchers to develop effective strategies in addressing challenges faced by manufacturing companies in the consumer goods industry sector during the COVID-19 pandemic.</em></p></td></tr></tbody></table>

Women's Representation To Establish Anti-Corruption In The Village Government Of Kotaraja, Hulu Sungai Utara

The representation of women in village governance, particularly in the Village Consultative Body (BPD), is mandated by Law Number 6 of 2014 concerning Villages. Fulfillment of this mandate becomes a subject of debate when the role is merely symbolic to meet the quota of women in village governance. In this context, the method employed is qualitative analysis, utilizing a socio-legal approach that highlights the complexity of social and legal dynamics influencing women's representation in the Village Consultative Body. The role of female representatives is crucial in enhancing the welfare of rural communities, simultaneously contributing to the realization of a corruption-free village. Additionally, they possess a unique closeness and empathy towards the issues faced by women in their villages, enabling them to gain the trust of the community. Residents of Kota Raja Village also perceive female candidates as being corruption-free and capable of fulfilling their duties and responsibilities, thereby earning trust from their respective neighborhood associations (RT - Rukun Tetangga). This situation is evident in the increased representation of women in the governance of Kota Raja Village, especially in the Village Consultative Body. In the newly elected Village Consultative Body for the period 2023-2029, 50% of its members are women, up from 44%. This figure demonstrates the positive perception of Kota Raja Village residents regarding the importance of women's representation in village governance. However, doubts persist regarding whether women's representation is merely symbolic and whether it reflects sincere efforts to empower women in village governance. Nonetheless, this raises further questions about the skills of female representation in addressing the complex issues faced by rural communities.and application within the framework of Indonesian law.

Legal Analysis of Marriage Dispensation Underage in Jagabita Village, Bogor, Using the Compilation of Islamic Law Approach

The analysis focuses on the legal aspects surrounding marriage dispensations for individuals below the age of 19, as outlined in Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage. According to Article 7, paragraph (1) of the Marriage Law, marriage is permissible only if both the man and woman have reached the age of 19. This provision underscores the necessity of establishing a minimum age for marriage, considering the significant legal implications associated with marital unions, such as alterations in rights and responsibilities. However, a potential ambiguity arises when Article 7, paragraph (1) is juxtaposed with Article 6, paragraph (2) of the same law. While Article 7, paragraph (1) sets forth a minimum age requirement for marriage, Article 6, paragraph (2) does not provide clear legal guidance for individuals seeking marriage before reaching the prescribed age. Despite the provision for dispensation in Article 7, paragraph (2) and Article 6, paragraph (2), some argue that granting dispensations may overlook future familial harmony and reduce the institution of marriage to mere physical fulfillment, contradicting principles of Islamic jurisprudence. Data collection involved observations and interviews with local residents who entered into underage marriages, as well as discussions with the head of the Religious Affairs Office (KUA) of Parung Panjang Subdistrict. The research adopts a socio-legal approach, integrating sociological and juridical perspectives, within a qualitative field research framework. The study aims to comprehend the regulation of marriage dispensation under both civil and Islamic law, examining the consequences of underage marriages in Jagabita Village, Bogor.