Welcome to the 3rd Conference on Socio Legal Studies in Indonesia!
This year, the conference is hosted by faculty of law, Universitas Brawijaya and held in collaboration with Universiteit Leiden, The University of Melbourne, The University of Sydney, Nagoya University, UNSW Sydney and KITLV. Previously, this conference was successfully held at Gadjah Mada University in 2017 and at the University of Indonesia in 2019.
Due to the prevailing challenges posed by the COVID-19 pandemic, this year, the Conference will be held in 10-11 November 2021 virtually.
The COVID-19 pandemic has impacted every aspect of life. It is not only as a health crisis but also as a human rights and justice crisis. The needs of justice are increasing where domestic violence, family disputes, and labour disputes have been alarming cases all over the world. However, emergency and quick measures in response to the COVID-19 face new challenges and problems, as they may impact the fundamental rights of people, including the right to a fair trial.
How has the court system changed during the pandemic? How and where do we reach out for assistance and help when domestic violence occurs while in lockdown? How has the government responded to ensure the protection of human rights of its citizen? The pandemic has created many justice challenges that need to be addressed.
In order to respond to the above questions, the Indonesian Socio-Legal Association (in collaboration with Leiden University, University of Sydney, and University of New South Wales) is organising a series of academic events including conference, PhD Master Class. By taking the theme ‘Resilience In The Time Of Crisis: Justice, Access And Participation’, this conference tries to bring together socio-legal scholars from around the world to interact, share ideas and build collegial networks which may facilitate dialogue and research collaborations. Presenters and non-presenters are encouraged to connect with fellow academics before the conference and to start thinking about potential research projects.
We hope that this upcoming virtual conference will prove strategic and meaningful as the study of socio-legal in Indonesia develops, especially in the midst of a pandemic like today. We are looking forward to hearing from legal experts to advance the development of socio-legal studies in Indonesia that focus on fulfilling justice for all Indonesians. It is also possible that the views of various experts on legal practice in other countries can be presented as a comparison in order to obtain best practices of laws because the current pandemic is not only a local or national problem, but has transnational, multi-national, and even international dimensions.
Even though it will be held virtually this year, the conference format remains broadly the same as in previous years: there will be numerous parallel sessions over two days. The broad theme of the 2021 conference is: ‘Resilience In The Time of Crisis: Justice, Access And Participation’.
The conference is a space for creating collaboration between students, academics, professional practitioners, industry, and government organizations, aiming at long-term sharing and disseminating of knowledge in the field of socio-legal studies. The conference covers a wide range of topics categorized as follows:
Panel Theme of The Socio-Legal Joint Conferences November 2021
| NO. |
TOPICS |
CHAIRPERSON |
PANEL DESCRIPTION |
|
1.
|
Resolving Family Law Issues during the Covid-19 Crisis
|
Theresia Dyah Wirastri, Ph.D.
|
Covid-19 has brought an increase in family disputes, domestic violence and divorces. At the same time, women are disproportionally affected by lay-offs and the downturn of the economy. Presenters in this panel will address the challenges that COVID-19 poses for the family; the ways in which courts, government institutions, women, men, and children deal with those challenges; and the consequences this has for family law practice. The panel aims to increase our knowledge and discuss issues such as how crisis affects the way in which family law disputes are resolved through state or non-state mechanisms by actors concerned. |
|
2.
|
Indonesian Criminal Justice System responses to the pandemic
|
Fachrizal Afandi, PhD.
|
The Indonesian criminal justice system entered the COVID-19 pandemic with several lasting problems: police detained and arrested those who criticized the government policies; the anti-corruption agency charge rates had halved since 2019; the incarceration rates remained stubbornly high, with more than 160% of overcrowding prisons. In addition, there remains a backlog in some areas, and the long-term impact of COVID-19 on the Indonesian criminal justice system is still unknown. This panel intends to discuss issues such as: the challenges and opportunities of the Indonesian criminal justice system during the pandemic; how criminal justice actors ensure the right to due process while maintaining security to prevent the spread of the virus; how the pandemic has become a momentum or obstacle for criminal justice transformation; the extent to which the law-making process in the government and the parliament hinder or encourage human rights protection in the criminal law provisions. |
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3.
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Agrarian Resources: Possession, Dispossession and Dispute
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Dr. Rikardo Simarmata
|
In Indonesia land ownership inequality and conflict are still prominent issues in agrarian sector even though in the last decade the Government has set up and implemented several programs aiming at solving those issues. Indonesia’s current land ratio of 0,68 shows that land ownership inequality in Indonesia is in critical stage, generating land conflicts across Indonesia involving state or government agencies, corporations, community groups, and individuals. Meanwhile, the 1945 Constitution and the 1960 Basic Agrarian Law has determined that state’s right to control agrarian resources shall be exercised to pursue the greatest prosperity of people. Hence, there is discrepancy between what is in reality and what is stated in the laws. This panel aims to discuss several issues such as: the factors that have caused the discrepancy to arise; how have state actors interpreted and implemented the laws so that the results of impacts are not in line with what the laws desire; how the state actor’s behaviors as well as private actors have caused possession, dispossession and conflict in regard to land. |
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4.
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The Battle of Paradigms in the Field of Legal Research Methods
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Dr. Widodo Dwi Putro
|
There is an ongoing battle of paradigms between normative and empirical legal research methods in several law schools in Indonesia. We need to understand the fundamental differences that such a sharp demarcation line that the two methods are unable to work together. The two research methods seem like “water and oil”, close to each other yet unable to work with each other. This panel aims to discuss issues such as: whether jurisprudence can stand on its own as a mono-disciplinary science, or does it need to collaborate with other disciplines (interdisciplinary); why are legal research methods present in only two dichotomous empires of normative and empirical legal research; the possibility to promote legal research methods outside the two empires. |
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5.
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The Global Threats and Challenges in the Context of the Covid-19 Pandemic: Terrorism and Violent Extremism
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Milda Istiqomah, PhD
|
The COVID-19 pandemic has contributed to increased online radicalization and recruitment by violent extremist groups in Indonesia. Violent extremist groups have taken advantage of public dissatisfaction with the government’s response and recovery efforts. With many schools closed and recreational activities suspended, most young people are now confined to their homes, and are spending even more time online. Their frustration, combined with a rapid growth of online hatred, makes them more vulnerable to online radicalization to violent extremist agendas. This situation demands renewed attention of conflict-sensitive and gender-responsive counterterrorism efforts that are critical to curb these increased rates of online recruitment. This panel aims to discuss issues such as: the global threats and challenges in the context of the COVID-19 focusing on terrorism and violent extremism; how the pandemic affects criminal justice system in preventing terrorism; the impacts of the pandemic on authorities who are responsible for countering terrorism and violent extremism; how the legal framework and court actors ensures the functioning of the courts during the pandemic; are female and male terrorist perpetrators treated differently by the criminal justice system; the gendered impacts of counter-terrorism measures; how counter-terrorism measures can promote, rather than hinder, gender equality. |
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6.
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Gender Participation in Legal Reform
|
Lena Hanifah, PhD
|
Indonesia’s legal reform continues to be dominated by the gender-neutral approach, which ignores the need to address the disparities between men and women’s situations. The absence of any consideration of women’s circumstances, particularly those of the unprivileged, leaves a significant void in the state’s policies and legislation. This panel aims to discussion issues such as: what role gender plays in Indonesia’s legal reform and, in light of the current situation, whether the pandemic impacts that role; why women’s engagement is essential, and how should this be reflected in the implementation of the legal reform; the possible gender-transformative strategies towards women’s engagement; the actions required to ensure that gender is mainstreamed in Indonesia’s legal reform. |
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7.
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Challenges to Legal Education in A Changing Landscape
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Dr. Herlambang Wiratraman
|
The reality of the deteriorating situation of the Indonesian rule of law, such as the problem of corruption, judicial integrity, low quality of decisions, incoherence, and even the practices of violence by the apparatus in law enforcement has brought up the question on legal education. In response to develop legal education and its relation to the rule of law in a changing landscape, this panel aims to discuss issues such as: the extent to which the contribution of legal education is a significant factor causing this situation; whether the development of legal education has been seriously pursued to overcome the problems of the rule of law that continue to occur; why the strategy of interdisciplinary legal education approach is still limited and not strong enough to be used in academic works; how to encourage legal education collaborations to improve the curriculum, by promoting sensitive gender, adapting law in local context, and ethics, including encourage policies that provide a more critical perspective on reality. |
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8.
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The Functioning of Courts in the Time of Pandemic: Challenges and Disruption
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Dr. Dian Rositawati
|
Courts have a vital role in resolving disputes and protecting rights of citizens. Before the COVID-19 pandemic, courts were exposed to various challenges, from the issues of efficiency, protection of rights of the parties, integrity and competence of judges, to quality of decisions. Now, the pandemic has magnified these challenges, including the functioning of courts in times of emergency with various restrictions and lockdowns. The role of the courts in scrutinizing the applicability of these emergency policies and laws in individual cases becomes importance. This panel intends to discuss issues such as: the challenges and opportunities of the courts during the pandemic; how the legal framework ensures the functioning of the courts during the pandemic; how the pandemic affects the court’s organization, judges and court administration; how these restrictions affects the rights of the parties and the implementation of the fair trial; what types of cases are of concern/priority; how the pandemic has become a momentum or obstacle for judicial transformation; how the pandemic has hindered or encouraged the emergence of technological innovations in court; how technology transformation will impact the court and society during the pandemic and beyond. |
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9.
|
Law in context: inter-legality and the interconnectedness of local, national and international legal orderings |
Dr. Stijn van Huis
|
Today, the different legal orderings at local, national, international and transnational levels are increasingly interconnected. Sousa Santos has called the intersections between the different legal orderings, spaces of inter-legality. When faced with inter-legality, legal actors on local and national levels have the tasks to make translations between local, national, international and universal norms and concepts that are inherently distinctive in logic, scale and levels of abstraction. This panel will discuss issues such as: how legal actors in Indonesia make translations of concepts originating in one legal ordering, into inherently distinctive concepts of other legal orderings when they move up or down the scale (universal-international-national-local); what will get lost in inter-legal translations, and what the consequences are of the lost context. |
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10.
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Minority Rights, Stigmatization, and Political Identity
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Joeni A. Kurniawan, PhD
|
Indonesia is undoubtedly a diverse country, if not one of the most diverse ones in Asia. Yet, the issue regarding minority rights is still a serious concern. In terms of religious life, stigmatization and discrimination are still frequently encountered by religious minority groups. Rejection by the Muslims, as the majority group, against the construction plan of churches is one example of how such discrimination is experienced by the minority religions in Indonesia until today. Discrimination and stigmatization do not only happen in the relation between Muslims and religious minority adherents. Some sects within Islam, such as the Ahmadi and Shiite, are even deemed deviant which resulted in a ban on all activities of these sects. It should be highlighted that all those discriminations are done by certain legal frameworks, for example the joint ministerial decree regarding the establishment of worship building and the Anti-Blasphemy Law. Since these issues need to be addressed by not only through a legal-doctrinal approach but also socio-legal analysis, this panel aims to discuss issues such as: what are the political, social, and cultural factors playing behind the legal frameworks concerned, including their implementation, that are used as the justification for such discrimination and stigmatization towards the minority groups in Indonesia as what has been happening so far. |
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11.
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Human rights in Indonesia’s (post) pandemic world
|
Dr. Ken Setiawan
|
In recent years, concerns have been raised about the state of Indonesia’s democracy, leading scholars to argue of democratic regression. Examples of regression include increased nationalist and religious populism, discrimination against minorities and the government’s willingness to use laws and state institutions to silence critics. Moreover, politico-economic elites continue to undermine the effectiveness of reforms, as illustrated by the weakening of the Corruption Eradication Commission (KPK). Pressures on civil liberties became even more pronounced during the Covid-19 pandemic, illustrated by increased harassment and arrests of citizens, activists and opposition figures, a crackdown on freedom of expression, as well as the passing of the controversial Omnibus Bill on Job Creation, blatantly disregarding the rights of workers and indigenous groups, while also dismantling environmental protections. This panel welcomes interdisciplinary papers on the human rights practices in contemporary Indonesia, that seek to identify the challenges and opportunities for the protection of these rights in the context of a global pandemic and democratic decline. |
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12.
|
Digital law and society in the era of Covid-19
|
Dr. Awaludin Marwan
|
In many occasions, law seems developing behind the development of technology and society. Various of technologies such as fintech, internet of things, artificial intelligence, blockchain, big data, cyber security, etc. has developed faster than legal discourse. Whilst, digital transformation during pandemic goes everywhere and every sector. In Indonesia, internet penetration has increased rapidly from 64,8 in 2018 to 73,7 % in the late of 2020. Many people use internet for implementing social distancing and work from home. Despite economy has collapsed since widespread Covid-19, digital economy has been enhanced. At the same time, cyber-attack, data breach, online fraud or other forms of cybercrime escalated to become challenges to legal systems and enforcement. This panel aims to discuss issues such as: the extent to which the legal system covers cyber incident and the development of digital technology and society. |
Under the conference theme, we will, as far as possible, group papers within broad subject areas, and will form panels on this basis.
However, we welcome papers on all topics, and the ‘Miscellaneous’ category means that it is not necessary for a paper to fit within any specific subject area to be accepted.
The output of this conference for selected paper are publishing in special issues edition: (under confirmation)
- Brawijaya Law Journal (UB)
- Arena Hukum UB
- Indonesian Journal of Socio Legal Studies
- Jurnal Hukum dan Pembangunan (UI)
- Pattimura Law Review (Unpati)
- Mimbar Hukum (UGM)
- Indonesian Journal of Law and Society (UNEJ)
- Asian Journal, Law and Society
- Austrian Journal of South East Asian Studies
- Journal of South East of Human Rights
| NO |
TOPIC |
KEYNOTE SPEAKERS |
| 1. |
Asian Constitutionalism in Current Authoritarian Turn |
- Prof. Melissa Crouch (UNSW)
- Prof. Simon Butt (University of Sydney)
- Prof. Yuzuru Shimada (Nagoya University)
|
| 2. |
National Resilience in The Time of Crisis Between Security and The Human Rights Protection |
- Dr. Ir. Jacqueline Vel (Leiden University)
- Dr. Imam Koeswahyono (Universitas Brawijaya)
- Prof. Sigit Riyanto (Universitas Gadjah Mada)
|
| 3. |
The Future of Legal Education and Legal Profession |
- Prof Tim Lindsey (the University of Melbourne)
- Prof. Adriaan Bedner (Leiden University)
- Prof. Sulistyowati Irianto (University of Indonesia)
|
Joint conferences on socio-legal have been organized every two years for discussing topics of the dissemination of knowledge in the field of socio-legal studies. The conferences move around the city in Indonesia, hosted by a different academic institution. Faculty of Law Gadjah Mada University hold the first Conference on Socio-legal in 2017 and followed by University of Indonesia in 2019. This year’s conference theme is ‘Resilience in the Time of Crisis: Justice, Access and Participation’ and it will be hosted by Brawijaya University, Malang, Indonesia. The conference will be held in 10-11 November 2021.
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