Socio-legal theory and methods

Creutzfeldt, Naomi; Mason, Marc; McConnachie, Kirsten

doi:10.4324/9780429952814-1

Cited by 2 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…This study draws on a socio-legal research method (Banakar & Travers, 2005). Socio-legal studies is the study of legal ideas, practices and institutions in their social, cultural and historical contexts (Creutzfeldt et al, 2019). Its methodology is a combination of legal research and social studies of law.…”

Section: Methodsmentioning

confidence: 99%

The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

Fahmi (Acehnese)

2024

AlterNative: An International Journal of Indigenous Peoples

View full text Add to dashboard Cite

Since the Indonesian government adopted the Agrarian Law 1960, which emphasises that any lands or territories without land title or land certificate are claimed belong to the state property, Indigenous peoples argue that the right over their land is based on a common recognition, instead of an official certification. This article aims to analyse the applicability of international cultural rights’ norms in protecting Indigenous rights to land in Indonesia. Several international instruments, such as the UNESCO Conventions, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, have been urged that any government shall respect and protect cultural rights for everyone, including Indigenous peoples. Therefore, protecting Indigenous intangible and tangible cultural heritage would not be possible without protecting their ancestral lands, territories and resources. In other words, securing the right to traditional lands is a prerequisite for Indigenous communities’ cultural survival in Indonesia.

show abstract

Section: Methodsmentioning

confidence: 99%

The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

Fahmi (Acehnese)

2024

AlterNative: An International Journal of Indigenous Peoples

View full text Add to dashboard Cite

show abstract

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

Prahassacitta,

Monica

2023

E3S Web Conf.

View full text Add to dashboard Cite

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.

show abstract

Socio-legal theory and methods

Cited by 2 publications

References 0 publications

The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

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

Contact Info

Product

Resources

About