Socio-legal Approach Research Articles

Perlindungan Hukum Atas Hak Kekayaan Intelektual (HKI) Perhotelan di Kabupaten Lombok Barat

The existence of the Mandalika National Tourism Development Strategic Area (NTDSA) is expected for West Lombok to be able to get a direct impact from the development of the tourism sector, long before NTDSA Mandalika opened, the tourism industry in West Lombok Regency itself already existed. Intellectual Property Rights (IPR) in simple terms is a right that arises for the results of thoughts that produce a product that is beneficial to humans. The form of IPR application to products in hospitality is basically divided into 2 (two), namely: First is Copyright and Rights related to Copyright. The second is Industrial Property Right. The method used in this research is normative-empirical, namely looking at the law not only as a set of normative rules or what is contained in the text of the Act but also seeing how the law can run in the midst of society While the approach used is the approach of the Act, conceptual approach, and socio-legal approach. Regulations on the protection of IPR of hotel industry have been regulated in general in Law Number 10 of 2009 concerning Tourism, Law Number 28 of 2014 concerning Copyright, Law Number 30 of 2000 concerning Trade Secrets, Law Number 31 of 2000 concerning Industrial Design, and Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Legal protection of IPR for hotel industry in West Lombok Regency has so far been implemented, although there are several obstacles, hotel and restaurant industry are still less familiar with intellectual property protection for their business fields which are considered less useful so that they still have to be given consistent socialization and assistance by related parties.

JUAL BELI DENGAN SISTEM ARISAN KABUPATEN KOTA WARINGIN TIMUR DESA SAMUDA

Along with its development, buying and selling have been carried out through the gathering system. Buying and selling with the gathering system aims to help meet the needs of the gathering participants and help sell merchant merchandise. Apart from the benefits, there are also several problems when buying and selling with this system, as happened in a village in Indonesia where gold is a commodity object. This type of research is empirical juridical research with a socio-legal approach. Data collection techniques in this study were observation, interviews, and documentation. This study aims to determine the practice of buying and selling using the gathering system in Samuda Village, East Kotawaringin Regency, Central Kalimantan. The result shows that buying and selling with the gathering system is istishna and permissible to implement. However, if there are gathering participants who default, it will provide a gap for losses to one of the parties. Then, the objects of buying and selling by the gathering system carried out by the people in the village are various kinds of goods. However, when the practice of buying and selling through the gathering system with gold jewelry objects, the law is prohibited based on the losses experienced by the gathering participants and the prohibition in Islam against crediting gold, it can be concluded that the law of gold gathering is unlawful. Hopefully, this research can provide understanding to the public to avoid harmful buying and selling and can increase Sharia buying and selling.

Criminal Policy on Destructive Fishing Activities in Serutbar, Indonesia

Fishing communities around the North Seram and North West Seran (Serutbar) Marine Protected Areas often carry out destructive fishing activities. This study aimed to examine and analyze criminal policies for destructive fishing activities in the Serutbar Marine Conservation Area. The research method used is normative legal research supplemented by a socio-legal approach. The approach used in this study is a statutory approach and a conceptual approach. The data collection technique is a literature study complemented by field data obtained through observation and in-depth stakeholder interviews. Furthermore, the data were analyzed qualitatively. Based on the research results, Gale-Gale Village and Sawai Village's fishing communities around the Serutbar Waters Conservation Area often carry out destructive fishing activities. The factors that cause them to carry out destructive fishing are economic needs; very simple fishing gear; the provision of assistance needs to be put on target; Pokmaswas being less empowered; and a lack of inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches.

Parliamentary casework in socio-legal perspective: a case study of complaint handling by Members of the Scottish Parliament

Abstract This article is concerned with parliamentary casework, the process through which parliamentarians deal with individual problems raised by their constituents. Casework has principally been studied by political scientists, and the article makes a case for the value in adopting a socio-legal approach. In doing so, one of the article’s contributions is to propose a distinctively sociolegal framing of the issues, along with a series of research questions to define the field and guide future study. The value of a socio-legal approach is demonstrated through a case study examining the casework of Members of the Scottish Parliament. The case study findings allow for a number of substantive contributions to be made to the casework literature. These include: providing a more granular account of parliamentarians’ casework role; highlighting the critical importance of casework staff to the delivery of casework; and showing the limited connections between casework and other parliamentary roles. The major contribution of the article is to propose a model of parliamentary casework which seeks to identify its key features as a mechanism of grievance resolution, highlighting how it connects to, and is distinct from, other forms of legal and administrative redress.

Income Tax Reconstruction on Construction Services to Support Development in Indonesia

Purpose: The rapid development of construction companies is still dominated by various illegal acts, including bribery, embezzlement, and fraud; this means that the correct tax income will not be reported to the tax office. It is necessary to produce a reconstruction of the income tax provisions on development-based construction services. Design/methodology/approach: This paper applied a normative juridical method with an evaluative and prescriptive thought. Findings: The applicable income tax regulations on Construction Services have not been able to overcome various illegal acts, such as fictitious sub-contractors, fictitious work units, replacement or deterioration of material quality, transfer of lump-sum costs to material costs, tender collusion, personal use of project equipment, and money laundering. Research limitations/implications: This paper would benefit from an in-depth study using a socio-legal approach. However, it can enrich subsequent empirical research. Originality/value: It is important and urgent to renew the income tax law in overcoming existing fraud on Construction Services, including the regulation of the Construction Industry Schemes obligations together with sanctions for each violation, revocation of final income tax on construction services, and the obligation to use the percentage-of-completion method in construction services whose project completion exceeds a financial year.

Konstitusionalitas Hak Kesehatan Jiwa Warga Negara: Studi Kebijakan Penanggulangan Bunuh Diri di Kabupaten Gunungkidul

The high suicide rate in Gunungkidul is quite high, causing the Regional Head to issue Regent Regulation Number 56/2018 as a policy to deal with suicide cases. This step is a concrete manifestation of dealing with and preventing massive suicides systematically. The average number, which reaches 20 to 30 cases every year, shows that suicide is no longer an individual problem, but has become a social-human tragedy. This research will discuss how the implementation of suicide prevention policies, as the role of the state in protecting the constitutional rights of citizens in the field of mental health, through an interdisciplinary approach as an integrated perspective to see the purpose of the law. This research is included in empirical research and uses a socio-legal approach. Data collection is obtained through primary data, including interviews, observations, documentation, and secondary data through the study of related literature. The results showed that in terms of effectiveness, the suicide prevention policy has not run optimally based on the comparison of suicide rates before and after the policy was enacted. Influencing factors include apparatus coordination, facilities, and social support. Besides that, the pandemic situation also has an effect. Conceptually and practically, the suicide prevention policy is an effort to uphold citizens' constitutional rights by strengthening the mental health aspects of the community by integrating formal and informal social control to achieve effective law according to its goals.

ASEAN CHALLENGES TOWARD SUPRANATIONAL ORGANIZATION

ASEAN has remained an intergovernmental organization based on consensus and non-interference in domestic affairs since its first establishment in 1957. Progress towards integration in this region has been slow. After facing criticism for its weak response to the Asian financial crisis, ASEAN decided to step up cooperation by forming ASEAN Community in 2015, a community based on three pillars: economic, political-security, and socio-cultural. ASEAN community building over many decades has made significant steps for deepening regional economic integration, seen as an approach to supranational integration. Supranational organizations are seen by many as a better way to govern the affairs of nations, prevent conflict and promote cooperation, particularly on economic matters. Because AC indicates ASEAN’s intentions to shift from intergovernmental toward supranational, this research will examine the ASEAN attempt to become a supranational organization. The research method used in this research is a qualitative method with legal and socio-legal approaches that focus on policies and regulations. Social, economic, and political perspectives are also used in this study as an analysis tool. This study found that despite making remarkable developments for deepening economic integration, ASEAN is unlikely to head into a supranational organization due to sovereignty preservation of member states as a basic fundamental principle of organization. However, this study concludes that supranational organizations could still become a reference for ASEAN’s future institutionalization.

BALANCING RELIGIOUS TRADITIONS AND LEGAL NEUTRALITY: THE INDEPENDENCE OF INDONESIA'S CONSTITUTIONAL COURT

This article examines the independence of the Indonesian Constitutional Court in relation to religious issues, particularly regarding religious freedom and marriage regulations. Utilizing a socio-legal approach, the article analyzes five judgments and assesses whether the Court accommodates the aspirations of the religious majority while still maintaining neutrality. Results show that the Court's legal decisions tend to accommodate societal aspirations, but this does not necessarily indicate a lack of neutrality. The article asserts that the independence and neutrality of the judiciary are crucial in a rule of law state, and the Court must balance societal aspirations with its role as a legal decision-making body. The Court's independence should be evaluated based on the methodological consistency of its legal decisions. Overall, the article highlights the importance of judicial independence and neutrality in a rule of law state, with implications for Indonesia's Constitutional Court and other similar legal systems.

Analisis Penerapan Sanksi Pidana terhadap Pelaku Tindak Pidana Penganiayaan terhadap Buruh Bangunan (Studi Putusan Nomor: 3/Pid.C/2021/PN Gdt)

This study aims to analyze the Decision Number: 3/Pid.C/2021/PN Gdt, which states that the Defendant is legally and convincingly proven guilty of committing the criminal act of "light maltreatment" against construction workers using the research method. The research method used in this study is normative legal research and empirical legal research, related to the application of criminal sanctions against perpetrators of criminal acts of persecution against construction workers. The problem approach used in this research is to use a statute approach and a case approach as well as a socio-legal approach. The problems that will be discussed in this study are what are the factors that cause the perpetrators to commit criminal acts of mistreatment of construction workers based on Decision Number: 3/Pid.C/2021/PN Gdt and how to apply criminal sanctions against perpetrators of criminal acts of mistreatment of construction workers based on Decision Number: 3/Pid.C/2021/PN Gdt.

‘We Got Lucky with the Judge’: Access to Justice for Disabled Women in Iceland

In this paper we aim to make a valuable contribution to the surprisingly limited body of research on access to justice for disabled women who have been subjected to violence. Using an interdisciplinary sociolegal approach, this paper carries out an empirical qualitative study of one Icelandic court case and draws on this to provide a critical analysis of access to justice issues for disabled women who have been subjected to gender-based violence. Much about this case suggests that it is a positive example of justice being accessed, and we identify a number of features of the case as particularly significant in this regard. We reflect on how these positive aspects of the case can inform initiatives to enhance access to justice for disabled women and highlight ways in which Icelandic justice processes could more firmly embed the international human rights standards set out in the UN Convention on the Rights of Persons with Disabilities.

All Roads Lead to Beijing? Shifts in Chinese Labour and Capital During the COVID-19 Pandemic

AbstractThe unprecedented global pandemic has shaken the world's foundations – upending legal institutions, toppling established principles of transnational governance, and limiting mobility between nations. In the People's Republic of China (the PRC or China), one of the most significant legal developments is the major reconfiguration of the state's labour and capital policies oriented towards its economic partners with emerging economies and economies in transition. These policies have changed dramatically, especially given the disproportionate impact of the pandemic on lower-income states. China's domestic situation and its need to meet evolving transnational demands also contribute to the reformation of these economic ties, and perhaps precede further changes to be implemented in the future. To provide much-needed insight into this ongoing transformation, this Article investigates how China's labour and capital policies towards its key international partners have developed in response to the pandemic. Drawing on three case studies, we use a socio-legal approach to analyse the status of migrants from African countries in China, labour immigration to China from its southwestern border regions, and the emigration of Chinese nationals to Serbia and the Balkans for the purposes of labour and investment. Through these representative developments, this Article unveils new trends in China's post-pandemic labour and capital policies, including enhanced responsiveness; a security-centric approach to border management; and an improving regulatory approach to ordinary migration channels.

Legal abortion in Ecuador: how the Constitutional Court decriminalized abortion in cases of rape

ABSTRACT Ecuador has some of the most punitive laws on abortion in America. Traditionally, Ecuador has allowed abortion in two cases: rape against a woman with a mental disability and threat to a woman’s life or health. However, on 28 April 2021, the Constitutional Court of Ecuador decriminalized abortion in all cases of rape. In Case 34–19-IN/21, the Court determined that Article 150 section 2 of the Ecuadorean Criminal Code (COIP) unconstitutionally discriminated against women without mental disabilities who wanted to interrupt unwanted pregnancies resulting from rape. The implications of the Case 34–19-IN/21 decision are decisive because it advances women’s sexual and reproductive rights in Ecuador. In decriminalizing abortion in all cases of rape, the Court stressed that equality, nondiscrimination and human dignity must be the legislative guidelines of parliaments and also the limits to the punitive power of states. To explain these relevant aspects, this commentary follows a socio-legal approach to contextually explore Case 34–19-IN/21, report on the current situation of decriminalization of abortion in Ecuador and reflect on what could happen after such an important constitutional ruling.

The effectiveness of Padang mayor’s regulations on the implementation of marriage contract during pandemic

The choice to get married when the pandemic continues, however, is not in accordance with the Padang Mayor Regulation Number 32 of 2020 concerning PSBB. The research problem formulation is how the effectiveness of the Padang Mayor Regulation on the implementation of the pandemic marriage contract in the city of Padang. The research questions were how to implement the marriage contract in the city of Padang during the pandemic, how effective was the regulation of the mayor of Padang on the implementation of marriage during the pandemic in the city of Padang and what were the driving and inhibiting factors for the effectiveness of the regulation of the mayor of Padang. Types of empirical legal research, qualitative data types, socio-legal approach. The primary data source uses a Proportionate Stratified Random Sampling. Data collection techniques by means of observation, interviews and documentation. The data analysis technique uses qualitative analysis in an interactive form. The results of the research on the implementation of marriage contracts during the pandemic period in the City based on the Regulation, during the pandemic it can only be carried out at the KUA but the practice in the field tends to be carried out more outside the KUA than in the KUA itself. Marriages held outside the KUA were in accordance with health protocols, but it was also found that marriages were held not in accordance with health protocols. The ineffectiveness of the Padang Mayor's regulation regarding PSBB is because it does not have the rule of law. The driving factor for the effectiveness of these regulations against marriage restrictions is the discovery of two rules that regulate the same thing. The inhibiting factors are that there are still marriages outside the KUA that trigger crowds, the implementation of health protocols that are less disciplined and the emergence of regulations from the Padang City Government and the Ministry of Religion so that the existing rules have not been implemented, new rules appear again.

HUMANIST LAW: LAW ENFORCEMENT STRATEGY AGAINST CHILD PERSONS OF CRIME IN INDONESIA

This article examines and analyzes law enforcement in criminal acts committed by children. Law enforcement has always been preoccupied with general and conventional crimes committed by adults. In fact, along with the development of society and technology, several criminal cases have been committed by children. Considering that children need protection to grow and develop optimally, children who commit crimes must be given special treatment in terms of procedural law, criminal threats, and fulfillment of childrens rights, which are different from adults. This research is normative and empirical juridical research with a socio-legal approach. Primary data collection was carried out by interviewing sources determined through the snowball technique, while secondary data collection was carried out by library research. The collected data is then processed through the stages of checking, tagging, compiling, and systematizing. The data that has been processed is then analyzed interactively, which consists of description activities and data reflection.Challenges to law enforcement against perpetrators of criminal acts in Indonesia include the high tendency to detain and imprison children, violations of childrens right to a fair trial, and the demands of prosecutors and judges decisions are still dominated by prison sentences.The strategy for law enforcement against child perpetrators of mass crimes is based on a humanist legal approach through issuing sentencing guidelines and adopting the concept of children hearing system, optimizing the role of the police in implementing diversion, and optimizing community participation in child protection.

The Indian Rape Law: Vocabulary of Protest, Reactionary Legislations and Quality of Equality Culture

The problem of violence perpetrated against women in India is not simple. It is embroiled in the historical subjugation of the ‘weaker sex.’ Women have been unable to claim equality in society despite mandatory provisions in the Constitution of India and other legislations in their favour. Despite numerous amendments to the Indian criminal law, rape, one of the most heinous crimes, continues to be committed in India at an alarming rate. The law on Rape in India has undergone three phases of amendments, and all precipitated in the aftermath of public fury on account of brutal and heinous incidents of rape. This paper employs the socio-legal approach to assess the efficacy and impact of these amendments in changing social behaviour. It concludes that though the massive public outrage undoubtedly led to radical amendments, it was a knee-jerk reaction that suffered from legislative ambiguities. The increase in the retributive content of the law ultimately resulted in reduced convictions. Although law is believed to be an instrument of social change, the amendments in the anti-rape legislation have been unable to bring about a positive transformation in the existing cultural inequality.

A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices

The Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation.

Dilemmas faced by judges when granting marriage dispensations for child marriages in West Java, Indonesia

Abstract Child marriage remains common in Indonesia, particularly in West Java. The highest number of child marriages is seen in the Tasikmalaya and Indramayu regencies. We argue that although the Marriage Law has been amended and the age of marriage consent increased to 19 years to prevent child marriage, the law fails to eliminate child marriages as it allows for a marriage dispensation under emergency conditions, such as a minor’s premarital pregnancy. This article is based on empirical research that employs sociolegal approaches to examine the grounds adopted by judges when deciding whether to grant or reject marriage dispensation applications in these two regencies. It was found that judges face dilemmas in examining the applications because they must prioritize the best interests of the children. As a result, their decisions are made by considering emergency and non-emergency conditions related to the child. Legal instruments are found to be more comprehensive in Tasikmalaya than in Indramayu. However, their implementation continues to be ineffective in eliminating child marriage.

The Legal Consciousness and Social Impacts of the Change in the Minimum Age for Marriage in the Indonesian Marriage Act: The Experience of Hulu Sungai Tengah, Kalimantan Selatan

Child marriage is still a controversial and big challenge that Indonesia has always faced, with Kalimantan Selatan as one of the Big Five Provinces with the highest number of child marriages. The Indonesian government has taken various preventive steps, one of which is revising the age limit for brides from 16 to 19 years old, enacted right before Covid-19 hit the country. However, the revision still begs questions about whether the age limit is practical due to the highest number of unregistered marriages, especially during the pandemic. This study employed the Qualitative method with a Socio-Legal approach and found that the perception and legal consciousness of the respondents were undisputed towards child marriage and disregarded the age limit and the pandemic situation.

Between Fair and Speedy Trial: E-Court During Pandemic and A Challenge in Society 5.0

Indonesian authorities impose restrictions on community activities to control the spread of Covid-19 infection. It impacts the court activities, including the criminal trial process. Therefore, the Indonesia Supreme Court issued a regulation that imposed the electronic court process on a criminal trial to solve this situation. The research aims to analyze the implementation of electronic courts, especially in the criminal trial during the pandemic Covid-19 in Depok District Court. The research is qualitative with a socio-legal approach. Data collection is obtained through in-depth interviews and observation. The result shows that the court focused on a speedy trial. However, there is a lack of quality of a fair trial, and, subsequently, it harms the defendant’s rights. The electronic court will be widely used in society 5.0, where technology is highly used to integrate cyberspace and physical space. It requires a shifting paradigm from face-to-face contact to virtual contact. It becomes a challenge and may impact the decision-making process. Therefore, in the post-pandemic Covid-19 era, the court requires reviewing and improving the electronic court process, which provides the advanced technology to support the electronic trial and is more critical to guarantee access to a fair trial in the electronic court process.

From Subsistence to Commercialisation: Legal Implications of ‘Ecowas Regulations on Transhumance’ on Livestock Investment Options

West Africa is expected to experience rapid population growth with a projected population of 796,494,188 in 2050, most of whom will be unemployed youths in quest of job and business opportunities. The increasing growth in population with an increasing demand for livestock products and a ready workforce presents exciting opportunities for investment in livestock production, job creation, poverty reduction, and food security. Nonetheless, private investment may not happen in a form that will achieve these gains if the ECOWAS texts are left in their current form, in promoting the transhumance business model to the detriment of meaningful large-scale investments that will increase productivity and create jobs for the region’s booming young population. This article adopts a socio-legal approach to examine the ECOWAS Decision and Regulation on Transhumance in order to determine whether they have adequately promoted transhumance in a form that is not inimical to other business investment options for livestock production in the region. Its aim is to show that the regulatory framework has not effectively ensured that transhumance exists in a form that will still provide other business models with opportunities to competitively engage in livestock production. This is given the fact that the transhumance method has been commercialised and even criminalised in ways that produce significant negative consequences for the livestock business. It recommends concrete plans with a view to phasing out transhumance across borders and designating rangelands in semi-arid areas of the region.