Socio-legal Approach Research Articles

The Problem of Non-Communicable Disease Service Policy During Covid -19 in Indonesia and Malaysia

This research aims to highlight the problem of NCD during the Covid -19 pandemic. In both Indonesia and Malaysia, NCDs are the number one killer that has caused tremendous stress on the healthcare system. Policies that focused on Covid only at that time created new problems for NCD. Restrictions on coming to the hospital made NCD patients not helped or try to treat themselves, this certainly had a negative and positive impact on NCD patients during Covid 19 in Indonesia and Malaysia. The research method used in this study is a socio-legal approach by examining various primary and secondary sources in the form of comparative studies with sources of legislation, books, journals, and online sources as well as interviews conducted at random among NCD patients to measure their response during the pandemic. Covid -19. The findings show that policies and management in Indonesia and Malaysia for NCD patients during COVID -19 have a negative and positive impact. Learning from the pandemic, both countries need to make regulations or laws during a pandemic or epidemic emergency so that people are protected.

Larangan Perkawinan Sesuku dalam Masyarakat Minangkabau Ditinjau dari Hukum Adat dan Hukum Islam

The purpose of this research is to find out how customary law and Islamic law view the prohibition of same-ethnic marriage in Minangkabau society. This research uses a socio-legal approach and is supported by a descriptive analysis approach. This legal approach is qualitative. The results of the study show that there is no conflict between Islamic law and customary law. If same-ethnic marriage occurs, Islamic law does not prohibit it, but Islamic law allows it. Islamic law prohibits marriage, this includes the ban on marrying forever and the ban on marrying for a certain time or temporarily. Violators of tribal marriages usually receive sanctions such as fines and exile. The conclusion of this study found that same-ethnic marriage in Minangkabau society in the village is abstinence marriage because it can damage the Minangkabau customary law system. Same-sex marriage violators will be fined and banished.
 
 Keywords: Marriage, Customs and Tribes

Reconstruction of the Role From the Prosecutor Based on the Socio-Legal Approach

The prosecutor is one of the law enforcement officers who have an orientation to enforce the law in society. The prosecutor in this case does not only apply the law in the form of written texts in the Act, but also looks at the context in social-societal reality. This study aims to explore the socio-legal aspects in implementing the duties of the prosecutor in realizing justice in society. This research is a normative legal research by prioritizing socio-legal aspects. This study uses primary legal materials, namely: the 1945 Constitution of the Republic of Indonesia, the Prosecutor's Law, the Prosecutor's Regulation on Restorative Justice. Secondary legal materials include: books, journal articles, as well as various research results on law enforcement by the Attorney General's Office. Non-legal materials include: various results of non-legal studies on law enforcement by the Attorney General's Office. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirm that prosecutors in law enforcement in Indonesia are oriented towards law enforcement tasks in the field, which means that prosecutors need to look at non-legal aspects and understand several aspects of social reality in society to maximally enforce the law in society. The urgency of the socio-legal approach regarding the role of prosecutors in Indonesia is to make prosecutors more comprehensive in understanding legal issues that develop in society.

IMPLEMENTASI PERATURAN MAHKAMAH AGUNG TENTANG E-COURT UNTUK MEWUJUDKAN ASAS SEDERHANA, CEPAT DAN BIAYA RINGAN DI PENGADILAN AGAMA PAMEKASAN

This article analyzes the implementation of the Indonesian Supreme Court Regulation Number 1 of 2019 concerning E-Court in order to realize the simple, fast and lowcost principles at the Pamekasan Religious Court. This research uses qualitative descriptive analysis method combined with socio-legal approach. The results of the study found that the principle of simple, fast and low cost in the settlement of family law cases included: (a) Facilitating the registration process and down payment due to online (e-Filling) and (e-payment) based so that registration and payments are made without queuing (b) case files are properly archived and accessible from anywhere and anytime (c) summons and hearings that can be carried out relatively quickly do not need to wait a week and on the basis of the agreement of the attorney. Factors supporting the implementation of E-Court save time and costs in the case registration process and subsequent processes, the trial delay period can be faster than the manual one so as to allow the settlement of family law cases according to fast judicial principles, documents are archived properly and can be accessed without limited space and time.

Respon Ulama dan Dokter terhadap Hukuman Kebiri Kimia Bagi Pelaku Pedofilia

This study is intended to see the response of moslim scholar and doctors to the article on chemical castration in The Child Protection Law in Indonesia. Muslim scholars and doctors are considered to represent the two main groups responding to that law. In this case, moslim scholar responds from the legal side, while the doctor responds from the application side. This study uses a socio-legal approach in looking at the urgency of the chemical castration and the community's response to it. Data was collected through interviews, observation and document study. This study shows that the article on chemical castration had indeed received a rejection response from various groups, including religious scholars and doctors. This study shows that the moslim scholar basically do not reject, but just state that this type of chemical castration is not found in Islamic legal literature. However, scholars still agree with the implementation of this punishment because it can be categorized as ta'zir. As for the response from doctors, it is hoped that the executors of this punishment will not be from them, because it would be contrary to the doctor's code of ethics, but from those usually assigned by the state for this purpose. Hence, the response from the clergy and doctors who were previously considered to be opposed could be compromised and lead to the common maslahah.

Legal Protection for Disabilities Persons with Language Limitations in Law Enforcement

The State of Indonesia has protected people with disability through several regulations. Unfortunately, there is a huge gap in this implementation. Many people with disabilities are discriminated in several aspects, one of which is in legal cases. When they require assistance during an inquiry, an investigation, or even a trial, people with disabilities who have language impairments nevertheless find it to be difficult. This study uses a sociolegal approach with a focus on discussing legal protection for disabled persons with language limitations, consist of: existing regulations on disability protection; disability cases on the court decision; handling of legal cases; constraints of parties in legal cases experienced; and the effect of limitations on sign language and knowledge of the law. Our finding is that people with hearing impairment, in legal cases, cannot fulfill their rights to assistance from sign language interpreters. This is due to the fact that various stakeholders still do not comprehend the needs of people with hearing impairment. The efficiency of the law enforcement process for people with disabilities is hampered by regional variations in sign language, the existence of informal/nonformal sign language, and the restricted capabilities of law enforcement.

Good Governance and Local Wisdom in Law Enforcement

The legal certainty of out-of-court settlements through customary law is still questionable in the Indonesian legal system, even though restorative justice is an approach that aims to build a criminal justice system that is sensitive to the problems of victims. Restorative justice which means a glorification of relationships and making amends that the perpetrator of the crime (his family) wants to make to the victim of the crime outside the court with the intention and purpose that the legal problems arising from the criminal act can be resolved properly by reaching an agreement and agreement between the parties. how is the enforcement of good governance and local wisdom in law enforcement in the North Lampung resort police? This research uses qualitative research methods with a Socio Legal approach. Socio-legal is a legal research approach that uses the help of social sciences as a single approach. Because of this approach, the socio-legal goal is to integrate as a whole the knowledge, skills, and forms of research experience of two (or several) disciplines in an effort to overcome some of the theoretical and methodological limitations of the disciplines concerned. As in the case of Wari Gunawan bin Ngatimin as a suspect for allegedly committing the crime of Fraud Article 378 of the Criminal Code. The result of the research is that in solving problems in the community, the existence of Ippun Aneg is intended as a guideline in handling and/or resolving problems that arise in the community. The settlement of criminal offenses through restoration justice in this case cannot be carried out because the unfinished return of losses received by the victim is the main obstacle to the settlement of this case through restoration justice at the level of investigation and investigation even though peace has been made between the perpetrator and the victim. In addition, the letter of request from the perpetrator, victim and related parties has not been made and submitted, which is an obstacle to the settlement through restoration justice.

Religion and Cosmopolitan Society: Religious Conflict Settlement based on Legal Culture

Conflicts occur when people believe that they are different from others and conflict in religion is no different. Religious conflicts in Poso and conflicts between Sunnis and Shiites in East Java have the effects of conflict, including protracted social friction, which prevents the development of a cohesive community. This research uses a socio-legal approach, where the study of law combines the approach of legal and social sciences. Establishing a way to settle religious conflicts is done by drawing up a legal basis for a settlement that accommodates human rights and democracy, emphasizing horizontal relations between religious communities. The existence of a legal culture becomes a meeting point for religious views, namely, prioritizing human rights. So, in the future, resolving conflicts based on legal culture in a cosmopolitan society is recommended.

Socio-Legal Inquiry of Intellectual Property Law and the Neocolonised Legal Profession in Freetown, Sierra Leone

The social task facing the Freetown, Sierra Leone legal profession requires that such a professional field should be made to metamorphose and expand in line with its growing demands and expectation. This makes Intellectual Property Law an essential relation of the Neocolonised Legal Profession in Freetown, Sierra Leone. An exploration of the socio-legal approach to the relationship between intellectual property law and the Neocolonised legal professional law in Freetown is, in plain terms, highly complex. This complexity is occasioned by the very absence, very weak theoretical construct, limited attention to creativity and novelty of Intellectual Property law as a discipline and Intellectual Property Lawyers as legal practitioners. This paper is based on the main objective of examining the sociological nature of Intellectual Property Law and the operation of the Neocolonised legal profession within the framework of society. In the methodology of this paper, respondents (163) were judgementally selected, examined the socio-legal inquiry strategically on the linkage between Intellectual Property Law and the Neocolonised legal professional law and assessed its relevance and contributions to Freetown municipal income and social growth. The data analysis draws into focus the sociological inquiry on the linkage between Intellectual Property Law and the Neocolonised legal professional law in Freetown, Sierra Leone and how both of them reinforce each other in the singular sociological mission of serving society and humanity. The findings distinguish Intellectual Property Law as both a distinct and independent field of socio-legal scholarship, filling the socio-legal lacuna in Freetown, Sierra Leone, and augment national economic growth. The paper concludes that there is a very weak linkage between Intellectual Property Law and the Neocolonised legal professional law in Freetown, Sierra Leone; The lack of a deeper understanding of Intellectual Property Law and the fact that very little attention is accorded to it by the national government and other key socio-legal actors. The researcher, therefore, recommends that there is a need for an effort to employ a comprehensive conception of law that will foster a pluralistic framework; legal pluralism should incorporate all shades of law, including Intellectual Property Law.

Restorative Justice: Positivization of Customary Law in Resolving Land Disputes Based on Local Wisdom of Papuan Citizens

The positivization of customary law is the process of turning the source of customary law into various laws and regulations. The unwritten customary laws are obeyed by the people because they originate from social values and agreements to live together. Settlement of land disputes in communities where customary law is still strong, such as Papua, which is known for its local wisdom, is carried out through its own customary institution. To fulfill the element of justice, the dispute resolution approach is carried out by means of deliberations outside the court or non-litigation dispute resolution based on local wisdom. The overall manifestation of this settlement leads to restorative justice. The statutory approach, the conceptual approach, the socio-legal approach, the comparative approach, and the case approach are used in this research, which is a normative judicial and sociological judicial study. In conclusion, it is stated that the existence of Papuan customary law is based on its own legal ethnography, pluralism in social capabilities such as social structure and culture according to its character, types of customary leadership, and social interaction relations in different traditional economies. Recognition of indigenous Papuans is based on the Constitution of the Republic of Indonesia 1945, Article 18 B, Paragraph 2; UUPA Articles 3 and 5; and the Papua Special Autonomy Law in Chapter XI concerning Protection of the Rights of Indigenous Peoples. The Provincial Government of Papua is obliged to recognize, respect, protect, empower, and develop the rights of indigenous peoples based on the provisions of applicable laws and regulations. Keywords: positivism, customary law, restorative justice DOI: 10.7176/JLPG/127-01 Publication date: December 31 st 2022

Implementation Of The Concept Of Sustainable Development In Resolving Indigenous Law Community Conflict

The purpose of this study is to explain the concept of sustainable development that needs to be implemented in resolving conflicts between indigenous peoples and how the government is making concrete efforts to realize the concept of sustainable development. This study uses a socio-legal approach because it uses non-legal elements in its study. The results of the study show that the values ??contained in the concept of sustainable development can be a means of resolving land conflicts of customary law communities. Considering the concept of sustainable development is also in line with the concept of Planning for Sustainable Use of Land Resources. The implementation of the concept of sustainable development in solving problems of conflict resolution of customary law communities is carried out through achieving goals with political will, consistent government customary law and companies, responsiveness of stakeholders including local governments to land conflicts, and the establishment of a sustainable maintenance system.

The Politics of Recognition, Society, and Law: The Role of Muslim Society and the Kubu Raya Local Government in the Struggle of the Baha’is

This study discusses the politics of recognition of Baha'i adherents in Indonesia, who face obstacles in society. Apart from rejection in society, there are restrictions on their civil rights. This research was conducted in a regional locus in Kubu Raya, West Kalimantan. In addition to discussing Baha'I adherents, who are not widely known by the public, especially in Kubu Raya, the study aims to provide important information regarding the relationship between the Baha’is and the majority Muslim community and the government of Kubu Raya. The research was conducted with a socio-legal approach, directly taking to the field by conducting interviews—data analysis through stages; data condensation, data exposure, conclusion, and verification. The research findings explain that Baha'i adherents have not been fully recognized by society and the law in Indonesia, but amid the Muslim majority community in Kubu Raya, they have never experienced rejection; in fact, their existence is very well received by the people of Kubu Raya who are known to be diverse and accept differences. Baha’i adherents are known to be very kind, friendly, and open by the people of Kubu Raya. On the other hand, the Baha'i adherents are not fully recognized by the Kubu Raya Local Government, so civil rights that should be fully guaranteed, assist-ed, and protected by the constitution, are still hampered because the existing system in government administration does not provide a Baha'i religion column.

ALTERNATIF UPAYA PENCEGAHAN KEJAHATAN MAFIA TANAH DALAM PERSPEKTIF HUKUM ADMINISTRASI PERTANAHAN

The existence of the land mafia has resulted in delays in the development of investment and economic growth because the crimes committed cover various land cases, so it is necessary to start prevention in the area of land administration. This study aims to develop efforts to prevent land mafia in the area of land administration. This research is descriptive analytical with a socio-legal approach. The results of this study obtained alternative efforts to prevent the land mafia, namely the idea of changing land registration from a negative publication system to a positive publication system. However, if the publication system is positive that there is an error in the registration procedure, resulting in losses for parties who may be more entitled, the state guarantees a compensation fund in the form of payment of compensation to the claimant whose rights are proven correct with the concepts of indefeasible and indemnity.

Legal Protection For Indonesian Fishery Products In Facing Environmental Protection In International Trade

International trade principally aims to exploit the market, thus traditionally speaking, have a little concern about protecting the environment. Only after entering this new era of international trade, the Indonesian government then finds the challenge in controlling the trade’s speed and market since the everything is regulated under a specific international trade regulation that is not entirely concern with protecting national interests. Many Indonesian popular products could not compete internationally, since they tend to fail in fulfilling the international standards of exported goods. This will inevitably hinder the national economy, more specifically in gaining foreign investments. One example of the challenges posed by regulation that interfere with the economic growth in the context of international trade is the way environment regulation dampens the effort to export the Indonesian fishery products. The primary problem is that even though Indonesian domestic regulation has put some sort of legal protection for Indonesian fishery products, they still fail to fulfil the environmental standard set by some export-destination countries, such as the USA and the European. Against this backdrop, this research aims to analyze the application of domestic regulation on fishery in Indonesia. We are using the socio-legal approach to understand the way the domestic regulation has failed to fulfill its legal aim, which is to implement the act of law related to fishery, environment, and quality standards to fit the market’s demand, as well as to improve the environment surrounding the fishery industry according to the Code of Conduct for Responsible Fisheries. Based on primary and secondary data from observations and interviews, we contend that there are at least three issues surrounding the failure: 1. The problem regarding the substance of the regulation itself, 2. The disorganized authority within the institutional structure, and 3. The legal culture surrounding the people involved as resulted from their beliefs and personal economic consideration

Integration of Tradition and Sharia: Dowry and Dui Menre in the Marriage of the Bugis Community in Bone Regency

A Mahr (Dowry) and dui menre become interesting phenomenon that occurs in the marriage practice of the Bugis community in Bone Regency. The higher the social status of the prospective wife's family, the higher the dui menre. When an agreement has been reached on the amount of dui menre, then the husband will give a dowry in the marriage contract. Both of these things must be fulfilled as the requirement for marriage. When the husband does not fulfill the dui menre as previously agreed on the agreement, the marriage process might not occur. The study aimed to integrate tradition and sharia in the marriage of the Bugis community in Bone Regency. The research was empirical legal research with a socio-legal approach. The study indicated that the dowry and dui menre in Bugis traditional marriages are an inseparable. Here, the integration is dui menre as a pre-marital condition that must be fulfilled in the context of giving as a form of respect and assistance to the prospective wife’s family. There is no prohibition in Islam as long as there is an agreement between the two parties, and no violate the sharia principles. Meanwhile, the dowry is also obligatory and carried out in the marriages of the people of the Bone regency. Therefore, the dowry and dui menre in the marriage of the Bone community are following the tradition and sharia.

Perlindungan Pembeli Terhadap Kesalahan Harga Dalam Bisnis Ritel Modern

The modern retail business is currently growing rapidly along with the times. Economic progress has also contributed to the development of the modern market and retail business in Indonesia. The modern retail business has now expanded to various cities in Indonesia. Even modern shops with minimarket franchises have spread to a number of cities and districts. Modern retail business in the form of hypermart, Indomaret, Alfamart, department store and wholesaler. While shopping centers can be in the form of malls and trade centers. The focus of this research is how are modern retail business practices and how is consumer protection in modern retail businesses?. The data in this study were collected using the methods of observation, interviews and documentation. This type of research is an empirical juridical research using a socio legal approach. The results in this study are first, modern retail business which is a development of traditional retail. In practice, the business applies modern concepts by utilizing technology and accommodates lifestyle developments at the community and consumer level. However, there are still frequent price mistakes made by business actors to consumers. This starts from the unsynchronized price listed on the displayed product with the price stored in the computerized system (product data input on the computer application) at the cashier. Second, business actors need to make efforts to synchronize prices so that price errors do not occur, as well as pay attention to the total purchases that are calculated automatically by the computerized system (product data input on computer applications) and the money that consumers give. Buyers as consumers get protection under the Consumer Protection Act and khiyar aibi in Islamic law. Increasing the accuracy and accuracy of modern retail business actors must always be done, and consumers are required to be smarter in this contemporary muamalah era, by understanding a good transaction method to avoid unwanted things.

Juvenile Delinquency in Semarang City: Aspects of Protection and Law Enforcement in Socio-Legal Approach

Juvenile delinquency includes all behaviors that deviate from the norms in society, status violations, and violations of criminal law. Violations of status such as running away from home, skipping school, smoking, drinking, illegal racing, and so on. Violations of this status are usually not recorded in quantity because they are not legal violations. While the so-called deviant behavior against the norm includes premarital sex among teenagers, abortion, and so on. This study aims to analyze the phenomenon of juvenile delinquency from a sociological juridical perspective in the city of Semarang. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer substantially the juvenile delinquency case within the legal framework in the city of Semarang.

Book Review

Ambreena Manji’s The struggle for land and justice in Kenya, James Currey, 2020, aims to provide a socio-legal approach to understanding developments in the land domain in Kenya between 2010 and 2020. Specifically, the book studies land accumulation by dispossession and the struggles against exploitation through a justice framework. The book is divided into 8 chapters.

The Transfer of Intellectual Property Rights as Object of Fiduciary Guarantee

The transfer in Intellectual Property Rights (IPR) "can be transferred or transferred" only economic rights. The transfer must be made clearly and in writing either with or without a notarial deed so that the transfer must be based on an agreement. This study aims to examine and analyze the transfer of intellectual property rights in the property law system, and to analyze the transfer of intellectual property rights as objects of fiduciary guarantees. The approach in this study is to use a socio-legal approach. This type of research is a qualitative research. The types of data used are primary and secondary data. Techniques for collecting data, through literature and field studies. Data collection through field studies is through observation and interviews. Observation is research that is conducted directly on the object under study by conducting interviews with research resource persons. The data analysis used is qualitatively inductive. The results of the study found that intellectual property rights as object law in Article 499 and Article 507 of the Civil Code so that intellectual property rights are transferred as objects of fiduciary guarantees through agreements, in accordance with the main agreement. Furthermore, the transfer of IPR as a fiduciary guarantee, of course, underlies the transfer of property rights in accordance with the provisions of the Civil Code, the law on intellectual property rights and the law on fiduciary guarantees, which have been stated in the agreement clause authentically.

Women and Violence In Hibualamo Traditions (An Analysis of Restorative Justice in Resolving Casses of Domestic Violence)

Introduction: Cases of domestic violence are increasing in Indonesia, this is a manifestation of the unequal power relations between men and women and is also influenced by the culture/customs of the community, one of which is the Tobelo woman in the Hibualamo customs.Purposes of the Research: This study aims to explain the concept of Restorative Justice in the Indonesian criminal law system and the Restorative Justice Model in Resolving Domestic Violence Cases against Tobelo women.Methods of the Research: The research method used is a combination of empirical-normative legal research. The approach uses a socio-legal approach (social science) and a statutory approach (statute approach).Results of the Research: The results of this study include: 1. There is negative labeling of women in Tobelo customary law in the misunderstanding of the Hibualamo concept; 2. The concept of Restorative justice based on Hibualamo ideology which contains noble values that are fair and moral can be the basis for resolving cases of domestic violence in Tobelo to create harmonization and prevent multi-interpretation gaps in the implementation of restorative justice