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AbstractAs an affected COVID-19 pandemic country, Indonesia took policy options through Social Restrictions on Large-Scale (PSBB), supported by six legal documents from Government Regulation in Lieu-of-The Law, Government Regulations, to Presidential Decrees. This socio-legal research aims to analyze the COVID-19 countermeasure policy through Roscoe Pound's sociological jurisprudence. Base on empirical data from March to December 2020, the results showed that the policy to overcome COVID-19 is supported by six legal documents when examined through analysis of the hierarchy of norms, clarity of the purpose and usefulness very contradictory to the purpose of the deployment restrictions of COVID-19 itself. Referring to sociological jurisprudence, the COVID-19 policies should be based on four essential elements adjusted to public requirements so that the implementation of the policies can perform effectively. AbstrakSebagai negara yang terdampak pandemic Covid-19, Indonesia mengambil opsi kebijakan melalui Pembatasan Sosial Berskala Besar yang ditopang oleh enam produk hukum mulai Peraturan Pemerintah Pengganti Undang-Undang, Peraturan Pemerintah, sampai dengan Keputusan Presiden. Penelitian sosio-legal ini bertujuan menganalisis kebijakan penanganan COVID-19 melalui penggunaan teori sociological jurisprudence Roscoe Pound. Berdasarkan data penelitian dari Maret sampai dengan Desember tahun 2020, hasil penelitian menunjukan bahwa kebijakan penanganan COVID-19 yang didukung oleh enam produk hukum apabila dikaji secara hierarki norma, kejelasan tujuan, dan kemanfaatan ternyata kontradiktif dengan tujuan membatasi ruang gerak sebaran virus COVID-19 itu sendiri. Selanjutnya mendalilkan kepada aliran sociological jurisprudence maka kebijakan penanganan COVID-19 seyogyanya disandarkan kepada empat poin mendasar yang disesuaikan dengan kebutuhan publik sehingga implemenetasi kebijakan penanganan COVID-10 dapat berjalan dengan efektif.

Objective: This study aims to determine the existence and position of customary law communities in Indonesia and to examine how the constitutionality of customary law in Indonesia is from the perspective of sociological jurisprudence.Method: The method used in this research is a normative juridical approach which is focused on examining various kinds of laws and regulations and theoretical concepts. In this study, researchers examine the 1945 Constitution of the Republic of Indonesia, Law No. 41 of 1999 concerning Forestry, until the Constitutional Court Decision No. 35/PUU-X/2012 concerning Customary Forests, while for the theoretical conceptual approach the researcher examines the concept of customary law, and the concept of customary law communities and their relation to the concept of sociological jurisprudence.Finding: The results of the study show that the concept of customary law as part of the State of Indonesia when viewed from the perspective of Sociological Jurisprudence as a law that grows and lives in society. Juridically, the traditional rights of indigenous and tribal people are also constitutional rights because they are stated in the constitution, as emphasized in Article 18 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, in relation to sociological jurisprudence, the new positive law will be effective if its implementation is appropriate and contains the principles that live in society. The gravity of the law is not found from the law itself, but from the community. So it is proper that the content and protection and recognition related to the existence of customary law are regulated in laws and regulations.Usage: This article can provide input for policy makers, especially the central and local governments regarding the urgency of the formation of a draft law on customary law communities, where the law is expected to provide legal protection to the rights of indigenous peoples because indigenous peoples have existed long before the Republic of Indonesia was formed so that its existence was recognized in the Constitution.Novelty: Legal certainty regarding the constitutionality of customary law in Indonesia is particularly important for indigenous peoples, and extremely useful for recognizing the existence of indigenous peoples in Indonesia. Determining the constitutionality of customary law in Indonesia in the perspective of sociological jurisprudence will ensure legal certainty in relation to customary law, which until now there are no explicit rules governing customary law in Indonesia.

Vols. 4-6 lack ed. statement. ; 1. Understanding.-2. Purpose.-3. Conciliation.-4. Justice under law and for humanitarianism as foundation of society and challange of civilization.-5. Justice, science, and religion as contributions to civilization.-6. Uniformitarian process under supreme law. ; Mode of access: Internet.

"Grant Sultan" land certificate is not the basis of rights. The certificate only explained that the land was Grant Sultan's previous right. The Sultan Grant Certificate is a guide for the National Land Agency to see the basis for land ownership. In accordance with the Basic Agrarian Law (UUPA) No. 5/1960, land that is certified by Grant Sultan will be converted to land, either direct or indirect conversion, further consideration and assessment needs to be done. From the background of this writing the problem is formulated How Legal Certainty Land Registration holders of Grant Sultan Land in Deli Malay Customary Community, how Grant Sultan Land in Deli Malay society is seen from Positivistic Theory The research method used in this writing is a regulatory approach and concept. Legal Certainty Land Registration of Grant Sultan Land holders in the Deli Malay Customary community if seen from the positivistic school of thought that Grant Sultan's land must be registered by Grant Sultan holders to ensure legal certainty. Grant Sultan's land in the Deli Malay community is seen from the Positivistic Theory. According to the Pound the law is a Social Engineering conflict with interests compared to the others. From positivistic theory Grant holders must immediately register Grant land in accordance with Government Regulation No. 24 of 1997 concerning Land Registration.

Defence date: 13 June 2019 ; Examining Board: Professor Stefan Grundmann, European University Institute (Supervisor); Professor Claire Kilpatrick, European University Institute; Professor Peer Zumbansen, Osgoode Hall Law School; Professor Simon Deakin, Cambridge University ; Over the last forty years, legal theory and policy advice have come to draw heavily from an 'evolutionary' jurisprudence that explains legal transformation by drawing inspiration from the theoretical successes of Darwinian natural selection. This project seeks to enrich and critique this tradition using an analytical perspective that emphasizes the material consequences of concepts and ideas. Existing theories of legal evolution depend on a positivist epistemology that strictly distinguishes the objects of social life—interests, institutions, systems—from knowledge about those objects. My dissertation explores how knowledge, and especially non-legal expertise, acts as an independent site and locus of transformation, mediating the interaction between law and social phenomena and acting as a catalyst of legal innovation. Prior work by Simon Deakin has integrated insights from systems theory to show how the interaction between law and economic institutions can only be properly understood by attending to the epistemic frame law uses to interpret economic practice. Using a case study on the impact of 'law and finance' literature on World Bank policy advice and, consequentially, on legal reforms adopted by many developing countries between 2000 and the present, I show that such attention to legal knowledge is inadequate. The case points, first, to the contingency of the intellectual tools used to understand legal institutions. Rather than deploying a determinate rationality, private and public actors address legal, economic, and ethical problems using a variety of paradigms: viewpoints are not determined by realities. More fundamentally, the cases suggest that successful paradigms, rather than economic or political realities alone, shape the dynamics of socio-legal change. My conclusions address some normative questions that arise when researchers in a social scientific mode are implicated in the processes they seek to document.

1) the unconditional endorsing of the instrumental approach to law; 2) the weakening of the link between society and law. The weakening of the link between society and law is particularly hazardous because individuals' voluntary obedience to the rule of law gives basis for the existence of society as such. The symbiosis between democracy and the market gave rise to consumer society whose members are foremost interested in expanding the possibilities for individual freedom and the quality of life. Their attitude to law is based on the gratification of personal interests. The impact of globalization has uncovered two contradictory trends. On the one hand, the role of the nation state in establishing and maintaining public order is weakening and a spontaneous public order is emerging. This trend suggests a deteriorating voluntary obedience to the rule of law. On the other hand, individuals have to be concerned about increasing their social security. This should actualize the idea of strengthening the relationship between separate social groups and law. This means that the further development of jurisprudence should be increasingly linked with the interpretation of the post-modern sociological approach to law, the analysis of the legal practices related to it and the data provided by this research.

1) the unconditional endorsing of the instrumental approach to law; 2) the weakening of the link between society and law. The weakening of the link between society and law is particularly hazardous because individuals' voluntary obedience to the rule of law gives basis for the existence of society as such. The symbiosis between democracy and the market gave rise to consumer society whose members are foremost interested in expanding the possibilities for individual freedom and the quality of life. Their attitude to law is based on the gratification of personal interests. The impact of globalization has uncovered two contradictory trends. On the one hand, the role of the nation state in establishing and maintaining public order is weakening and a spontaneous public order is emerging. This trend suggests a deteriorating voluntary obedience to the rule of law. On the other hand, individuals have to be concerned about increasing their social security. This should actualize the idea of strengthening the relationship between separate social groups and law. This means that the further development of jurisprudence should be increasingly linked with the interpretation of the post-modern sociological approach to law, the analysis of the legal practices related to it and the data provided by this research.

This paper analyzes several flows of legal philosophy that predispose the thinking of jurists/lawyers. The legal flows include law of nature, classical to modern, legal positivism, sociological jurisprudence and flow American legal realism. In detail, it can be concluded that thus far in Indonesia the dominance of the flow of legal positivism is still quite influential on the thinking of the jurists and legal practice. This study was conducted using normative legal research method. Conceptual approach and statute approach to law were used in collecting and analyzing data of this research. In the data analysis results, it was found that there are various flows of law that significantly influence the thinking of jurists and lawyers, namely Sociological Jurisprudence, Realistic Legal Realism, The Critical Jurisprudence. Thoughts of the jurists are still developing, on the one, hand in relation to the National Law Development debates whether our choice is from the political side of law, codification, modification or unification by prioritizing customary law materials or retaining the patterns of Western law, including legal justice concepts and social justice.

Defense date: 26/06/2009 ; Examining Board: Bruno De Witte (EUI), Christian Joerges (Supervisor, former EUI, University of Bremen), Hans Lindahl (Tilburg University), Hans-W. David Nelken (University of Macerata) ; First made available online: 27 July 2021 ; This thesis argues for a sociologically observable equilibrium between the competing forces of legal unity and legal diversity within the European Union (EU) in order to conceptualise the contested process of the Europeanisation of law as a contingent, reciprocal one that has no endpoint in either uniformity or discontinuity. The main point of departure is the concept of legal culture, which provides for an institutionally-bounded and territorially-delimited jurisdiction with a unique socio-historical context. Member State legal cultures, within the overarching EU legal space, are conceptualised as a segmentary form of legal system-internal differentiation on the basis of territory, whereby communications originating in and pertaining to a particular Member State are conditioned in terms of the legal-cultural context of that Member State. This thesis argues that this "fragmentation" is a force of diversity within the Europeanisation process, which operates against a unifying force, understood here to be a similarly legal-system internal differentiation on the basis of areas of law and their related epistemic communities. This thesis advances the argument that, instead of viewing the existence of legal diversity within the EU as being essentially problematic for the process of Europeanisation of law, legal diversity should be reconceptualised as a productive counterweight to any purported legal unity in the EU and re-entered into the process in order to maintain its openness. While the concept of legal unity provides the framework for the operation of the Europeanisation process, that of legal diversity within that framework provides the means by which the process remains open-ended and fully contingent. Legal unity, in turn, is positioned as a counterbalance to legal diversity in that it places restraints upon the diversifying forces of both nationalism and fragmentation within the EU, thus maintaining the overarching framework within which the process of Europeanisation can occur. Legal "unity in diversity", conceptualised both as a precondition of the process of the Europeanisation of law and as a default aim, sits in stark contrast to the two main theoretical approaches to the Europeanisation of law, namely deracinated formalism and autochthonous culturalism. This thesis proposes a middle way that avoids the pitfalls of these two extreme schools of thought by operationalising the conundrum of unitas in diversitate in a way that both maintains the critical openness of the ongoing Europeanisation of law process, and facilitates a form of organically-evolving social validity for this process and the resultant legal structure of the EU.

AbstractThe issue of regulation has indeed become a lively discourse in recent years. Laws and regulations, which in essence is a set of regulatory systems to provide an orderly legal order and society, often creates conflicts, both internal conflicts between regulations and external conflicts involving government agencies and the community. The study of legal science in the perspective of sociological jurisprudence is a scientific instrument that makes sense to analyze the phenomenon of legal problems that occur in indonesia, this is because the beginning and the end of a regulation is society. The results show that regulatory conflicts occur because in practice the formation of laws and regulations often ignores procedural due process of law and substantive due process of law, one of the main points is that the widest possible public participation is required in the regulatory formation process. As a result, several regulations that have been produced often cause conflicts due to a mismatch between the substance of the regulations and the conditions and needs of the community. AbstrakIsu permasalahan regulasi menjadi diskursus yang sering mencuat beberapa tahun terakhir. Peraturan perundang-undangan yang esensinya merupakan sekumpulan sistem aturan untuk menghadirkan tatanan hukum dan masyarakat yang tertib, justru realitanya sering kali memunculkan konflik, baik konflik internal antar peraturan maupun konflik eksternal yang melibatkan lembaga pemerintahan dan masyarakat. Kajian ilmu hukum dalam perspektif sosiologi hukum menjadi instrumen keilmuan yang masuk akal untuk membedah fenomena permasalahan peraturan perundang-undangan yang terjadi, hal ini dikarenakan hulu dan hilir suatu regulasi adalah masyarakat. Hasil penelitian menunjukkan bahwa konflik regulasi terjadi dikarenakan di dalam praktik pembentukan peraturan perundang-undangan masih sering kali mengabaikan procedural due process of law dan substantive due process of law yang salah satu poin utamanya adalah dibutuhkan partisipasi publik yang ...

This Article examines the indeterminacy of standing doctrine by deconstructing recent desegregation, affirmative action, and racial profiling cases. This examination is an attempt to uncover the often unstated meta-principles that guide standing jurisprudence. The Article contends that the inherent indeterminacy of standing law can be understood as reflecting an unstated desire to protect racial and class privilege, which is accomplished through the dogma of individualism, equal opportunity (liberty), and "white innocence." Relying on insights from System Justification Theory, a burgeoning field of social psychology, the Article argues that the seemingly incoherent results in racial standing cases can be understood as unconscious attempts to preserve the status quo. The Article proposes moving "beyond the transcendental nonsense" of standing doctrine and its inevitable replication of economic and racial privilege by completely eliminating all standing limitations to the access of justice.

It is argued in this article that a study on the law reform of a country is the study which related to understanding of a scientific paradigm which made up of the basic idea of a country's legal system. The main argument in this article is that the basic idea ofma legalmrefom on a legal system must be build upon the enforcement of the juridical principles found and developed in the system. This is derived from a postulate of the Dignified Justice teory perspective.In this view legal virtues underpinning a legal system are examined together as one system of principles and rules or a legal system. Philosophically, or it is a theoretical and a paradigm that law is believed as inseparable from the legal science itself. This philosophy has been developed to make a correction to the sociological jurisprudence perspective, which mainly argued that each occurence of social changes in a legal system cannot be answered by regulation alone. The sociological jurisprudence point of view argues that law is confined to the status quo of a society. Many has argued that this sociological indicative has occurred in many civil law systems, in particular Indonesia, to be used as its best prototype. In the Indonesian legal system, law is positioned as rules and regulations made by the legislative branch of the government. In this perspective laws has been excluded from humanity almost altogether. This article argues that Pancasila as the Indonesia Legal System is the way to solve this problem. Since Pancasila is used as the basis of the State and the source of all legal sources. For this reason, it is interesting to examine how the Pancasila actually became a basis of values in initiating the project of law reform in Indonesia.

[eng] Law as Knowledge. Anthropological Bases for the Regulation of the Web of Data is a Dissertation on law and regulatory models on the Web of (Linked) Open Data, the Internet of Things, and Industry 4.0. These fields are converging in a new information processing environment, and society is challenged to ensure that appropriate regulatory responses can uphold the rule of law fairly and effectively in this emerging context. The challenge extends beyond merely submitting digital processes to the law. The 20th century notion of 'legal order' alone will not be suitable to produce the social order that the law should bring. The Dissertation explores the concepts of rule of law and of legal governance in digital and blockchain environments. It positions law (as meaning, as data, and as sense) and legal governance (as a formal mechanism, as political form) from an empirical perspective, i.e., as explanatory and validation concepts to support the implementation of the rule of law in the new digital environments. As a novel contribution, this Dissertation (i) describes the double implosion experienced by the legal profession and the emergence of legal web services based on AI; (ii) progresses some of the work done on the metarule of law and the epistemic middle-out approach with an inside-out approach to digital regulatory systems and legal compliance models; (iii) sets the state-of-the-art in legal anthropology, sociolegal studies, AI & Law, and legal theory regarding this subject; (iv) identifies the way to explain and validate legal information flows and hybrid agents' behaviour through causal models; (vi) delves into the evolution of legal isomorphism and legal analytics; (vi) sets the conditions for the emergence of socio(legal) ecosystems; and (vii) sets an empirical methodology in three steps for legal compliance checking. ; [cat] Law as Knowledge. Anthropological Bases for the Regulation of the Web of Data és una tesi sobre dret i models regulatius a la Web de les Dades (enllaçades i en obert), Internet de ...

Abstract: Law, instead as the basis of national agrarian management, also as sources of agrarian conflict because of conflicted regulations. Many academic papers on agrarian conflicts have described the conflicts, as well as women's narrative regarding the conflicts. This article explore the theoretical discourse during agrarian conflict to analyze women's role on that case. This paper is written based on secondary data gathered from juridical normative research with analytical descriptive type. The research found that main legal theoretical discourses presented mostly in on agrarian conflicts literatures are legal positivism, politics of law, legal reality, natural law, sociological jurisprudence, legal pluralism, local wisdom, and eco-feminism. The role of women during agrarian conflicts is explained using eco-feminism theory, particularly as agent of change who actively fight for non-exploitative agrarian management based on their experience.Key words: women, agrarian conflict, eco-feminism.Intisari: Hukum, selain sebagai dasar penyelenggaraan agraria nasional juga menjadi sumber konflik agraria karena pengaturan yang tumpang tindih. Tulisan-tulisan akademik tentang konflik agraria tidak hanya menjelaskan tentang konflik yang berlangsung, tetapi juga menuliskan narasi perempuan dalam konflik tersebut. Tulisan ini menggali wacana-wacana teori yang muncul dalam konflik agraria untuk menganalisis peran perempuan dalam konflik agraria. Data sekunder dalam tulisan ini diperoleh dari penelitian yuridis normatif yang bersifat deskriptif analitis. Wacana-wacana teori yang muncul dalam konflik agraria adalah teori hukum positif, teori politik hukum, teori realitas hukum, teori hukum alam, sociological jurisprudence, pluralisme hukum, teori kearifan lokal, dan teori ekofeminisme. Teori yang menjelaskan peran perempuan dalam konflik agraria adalah teori ekofeminisme. Peran perempuan dalam konflik agraria adalah sebagai agen perubahan yang berperan secara aktif memperjuangkan pengelolaan agraria non-eksploitatif berdasarkan pengalaman masing-masing perempuan.Kata kunci: perempuan, konflik agraria, ekofeminisme.

The Qur'an and Hadith are the most important sources of norms for Islamic society. Hence this article tries to first refer to the scriptures. Then, empirically proves that understanding the Qur'an and Hadith to extract its essence as a moral and normative guide (as in the case of waqf) works in various methods. One of them is sociological jurisprudence. This research found that the text of the Al-Qur'an and Hadith regarding waqf has been interpreted beyond its textuality. It is because and for the sake of justice to achieve social benefits. This interpretation is validated by government decrees and is widely practiced by the Indonesian Muslim community. Thus, the text has been understood and translated more broadly. Reading text through sociological jurisprudence implies reading text in various stages: text, reader, writer (disclosure), and last but not least the social impact and its surroundings (utility). Abstrak Al-Qur'an dan Hadits adalah sumber norma yang paling penting bagi masyarakat Islam. Karenanya artikel ini mencoba terlebih dahulu merujuk pada tulisan suci. Kemudian, secara empiris membuktikan bahwa memahami Al-Qur'an dan Hadits untuk mengekstraksi esensinya sebagai pedoman moral dan normatif (seperti dalam kasus wakaf) bekerja dalam berbagai metode. Salah satunya adalah yurisprudensi sosiologis. Penelitian ini menemukan bahwa teks Al-Qur'an dan Hadits tentang wakaf telah ditafsirkan di luar tekstualitasnya. Itu karena dan demi keadilan untuk mencapai manfaat sosial. Penafsiran ini disahkan oleh keputusan pemerintah serta dipraktikkan secara luas oleh masyarakat Muslim Indonesia. Dengan demikian, teks telah dipahami dan diterjemahkan lebih luas. Membaca teks melalui yurisprudensi sosiologis menyiratkan untuk membaca teks dalam berbagai tahap: teks, pembaca, penulis (penyingkap), dan yang terakhir tetapi tidak sedikit dampak sosial dan sekitarnya (utilitas).