scholarly journals PENDEKATAN SEMI-AUTONOMOUS SOCIAL FIELD DALAM STUDI DAN PERENCANAAN PERKOTAAN: TELAAH METODOLOGIS

2021 ◽  
Vol 5 (2) ◽  
pp. 297
Author(s):  
Erwin Fahmi
Keyword(s):  
Urban Studies ◽  
State Policy ◽  
Potential Application ◽  
Spatial Planning ◽  
Legal Pluralism ◽  
Legal Anthropology ◽  
Social Field ◽  
Community Or ◽  
Urban Plan ◽  
Or Organization

This study discusses an approach widely used in the study of legal anthropology, i.e., semi-autonomous social field, for its potential application in the fields of urban studies and planning. This approach is considered highly relevant as it explains what and why discrepancies take place between what is dictated by state policy (including spatial planning) and what is actually accepted and applied in a semi-autonomous social field, like community or organization/company. By understanding these discrepancies, we may be able to appreciate the existence of local norms, values, and habits and, therefore, also of legal pluralism. Once again, as a legal product, urban plan is also bound to such an understanding. Two examples are taken to illustrate the application of this approach. In both illustrations, processes of elaboration, adjustment, acceptance, and conflict were demonstrated. Keywords: semi autonomous social field, rules-in-use, urban studies and planning. AbstrakKajian ini membahas pendekatan yang lazim digunakan dalam kajian antropologi hukum, yaitu bidang sosial semi-otonom, dan potensi penerapannya dalam bidang studi dan perencanaan perkotaan. Pendekatan ini dipandang sangat relevan karena menjelaskan apa dan mengapa terjadi perbedaan antara apa yang ditetapkan oleh kebijakan negara (termasuk rencana tata ruang) dan apa yang sesungguhnya diterima dan diterapkan dalam bidang sosial semi-otonom, seperti komunitas atau organisasi/perusahaan. Dengan memahami ketidaksesuaian tersebut kita dapat mengapresiasi keberadaan norma, nilai dan kebiasaan lokal dan karenanya juga dapat menghargai pluralisme hukum. Sekali lagi, sebagai produk hukum, rencana kota juga terikat pada pemahaman semacam itu. Dua contoh digunakan untuk mengilustrasikan penerapan pendekatan ini. Dalam kedua contoh, proses-proses elaborasi, penyesuaian, penerimaan, dan konflik ditunjukkan.

scholarly journals Pendekatan Pluralisme Hukum dalam Studi Hukum Adat: Interaksi Hukum Adat dengan Hukum Nasional dan Internasional

2021 ◽  
Vol 4 (1) ◽  
pp. 81-124
Author(s):  
Sartika Intaning Pradhani
Keyword(s):  
Secondary Data ◽  
Legal Pluralism ◽  
Legal Order ◽  
Forum Shopping ◽  
Information Communication ◽  
Social Field ◽  
Communication And Technology ◽  
The Relationship ◽  
Adat Law

Scientific study on adat law starts from empirical research, which finds that adat law does not stand alone but works together with other legal orders. This paper is written based on normative legal research by collecting secondary data to answer (1) how legal pluralism explains adat law and adat law community; and (2) how the application of legal pluralism approach in adat law study. The legal pluralism approach explains adat law not as an isolated/marginalized legal order but as a dynamic legal order which interacts with national and international law. From the perspective of legal pluralism, the adat law community is a semi-autonomous social field that produces rules from the interplay between the adat law community and other legal communities/institutions. Categorization of legal pluralism approach application are as follow: first, weak legal pluralism where state law recognizes adat law either by law and regulation or court decision; second, strong legal pluralism which describes through the semi-autonomous social field, shopping forum, and forum shopping concept; third, legal pluralism multi-sited which explain the relationship between legal phenomena in local, national, and international level; and elaborate the role of information, communication, and technology which bridges legal phenomenon from one to another. Abstrak Kajian ilmiah terhadap hukum adat berangkat dari penelitian lapangan yang menemukan bahwa hukum adat tidak pernah berdiri sendiri dan selalu berinteraksi dengan tertib hukum yang lain. Artikel ini ditulis berdasarkan penelitian hukum normatif dengan mengumpulkan data sekunder berupa laporan-laporan penelitian dan artikel jurnal untuk untuk menjawab (1) bagaimana pendekatan pluralisme hukum menjelaskan hukum adat dan masyarakat hukum adat; dan (2) bagaiamana pendekatan pluralisme hukum digunakan dalam studi hukum adat hari ini. Pendekatan pluralisme hukum memahami hukum adat tidak sebagai suatu ketertiban hukum yang terpisah atau termarginalisasi dari ketertiban hukum yang lain, tetapi secara dinamis terus berinteraksi dengan hukum nasional maupun internasional. Dari perspektif pluralisme hukum, masyarakat hukum adat merupakan suatu wilayah sosial semi otonom yang melahirkan hukum berdasarkan hubungan saling memengaruhi dengan masyarakat hukum lain. Penerapan pendekatan pluralisme hukum dalam studi hukum adat dapat dikelompokkan dalam tiga kategori. Pertama, pluralisme hukum lemah di mana negara mengakui hukum adat baik melalui peraturan perundang-undangan maupun putusan pengadilan. Kedua, pluralisme hukum kuat yang dideskripsikan melalui konsep wilayah sosial semi-otonom, forum shopping, dan shopping forum. Terakhir, pluralisme hukum multi-sited yang digunakan untuk menjelaskan hubungan berbagai fenomena hukum antara hukum adat (lokal), nasional, dan internasional serta peran teknologi informasi dan komunikasi dalam menjembatani hubungan tersebut.

Theory of law. Legal ethnography, or the theoretical fruits of inquiries into folkways

2010 ◽  
pp. 81-101
Author(s):  
Csaba Varga
Keyword(s):  
Social Practice ◽  
Historical Perspective ◽  
Legal Pluralism ◽  
Controlling Factor ◽  
Legal Anthropology ◽  
Aboriginal Law ◽  
Theory Of Law

Encounters - Disciplines -The lawyerly interest - Law and/or laws - Conclusion. Rechtliche Volkskunde is distinguished from legal anthropology, and the latter from both legal ethnology and legal pluralism, as well as from research on aboriginal law, claiming the first three to be law-related parts of non-legal disciplines, in contrast to Ethnologischer Jurisprudenz and anthropology of law, taken as directions within the field of jurisprudence. For the time being, none of the first has erected its own theories, nor has socio-ethnography interfered with legal theorising. Since Ehrlich and Weber realised that laws may prevail independently of the states' "Westphalian duo", a number of attempts at both extending and narrowing the law's usual remit has been tested. Considering the pendulum movement between monism and pluralism in a historical perspective, renaming what is at stake by altering the terminology is not and should not be a primary issue. As formulated by the author a quarter of a century ago, "Law is (1) a global phenomenon embracing society as a whole, (2) able to settle conflicts of inter- ests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society".

scholarly journals Medicine and Manipulation: Aspiration and Ambition

2008 ◽  
Vol 23 (2) ◽  
pp. 4
Author(s):  
José Florencio F. Lapeña
Keyword(s):  
Interest Group ◽  
Operating Theatre ◽  
Lecture Hall ◽  
Professional Lives ◽  
Art And Science ◽  
Community Or ◽  
The World ◽  
Or Organization ◽  
Bear Witness ◽  
The Way

“And so, light your face up with a smile, Why waste your life on something really not worthwhile, Look up to the stars, take your eyes off the ground, Come, live your life, turn around.”1   As Doctors of Medicine we should be no strangers to aspiration; “a striving after something higher than oneself” that “usually implies that the striver is thereby ennobled.”2   Aspiration in this context truly earns us the full connotation of the title “Doctor,” as eminent, authoritative, learned healers and teachers of the art and science of medicine. Many among us deserve this title in word and deed, and are worthy of emulation. Their personal and professional lives bear witness, not to self-serving accomplishments, but to their improving life and living in the world around them.   Aspiration may be synonymous with ambition, although the latter term which “applies to the desire for personal advancement” may equally suggest “a praiseworthy or an inordinate desire … for rank, fame or power.” 2 Ambition of this sort often resorts to manipulation to achieve its ends, and manipulation in this context is “to control or play upon by artful, unfair, or insidious means especially to one's own advantage.” 3 Whether subtly stolen or brazenly grabbed at the expense of others, the means is often distorted to justify the end. In the process, rights are trampled, dreams shattered, alliances betrayed and relationships severed. According to Messina and Messina4, manipulation is a set of behaviors whose goal is to: Get you what you want from others even when the others are not willing initially to give it to you. Make it seem to others that they have come up with an idea or offer of help on their own when in reality you have worked on them to promote this idea or need for help for your own benefit. Dishonestly get people to do or act in a way which they might not have freely chosen on their own. "Con'' people to believe what you want them to believe as true. Get "your way'' in almost every interaction you have with people, places, or things. Present reality the way you want others to see it rather than the way it "really is.'' Hide behind a "mask'' and let people see you in an acceptable way when in reality you are actually feeling or acting in an ``unacceptable'' way for these people. Maintain control and power over others even though they think they have the control and power. Manipulation also means “to change by artful or unfair means so as to serve one's purpose” or, shameful as it may sound, to “doctor.”3 This derogatory use of the term is not untainted by our actions, whether the arena be laboratory or operating theatre, clinic or lecture hall, hospital or home, interest group or organization, community or society. Blind ambition may delude us into rationalizing dodgy deals and shady maneuverings, convincing even ourselves that they are beneficent and non-maleficent. We get our way, oblivious to the injustice and injury wrought on others. When shameless machinations, “scheming, crafty actions or artful designs intended to accomplish some usually evil end”5 are engaged in by supposed practitioners of the healing art, they do more than validate the colloquial dinu-doktor or dinuktor; they invalidate the rest of us.  

scholarly journals Alliances and Contestations in the Legal Production of Space: The Case of Bali

2014 ◽  
Vol 9 ◽  
pp. 145-171 ◽  
Author(s):  
Agung Wardana
Keyword(s):  
Spatial Planning ◽  
Legal Pluralism ◽  
Analytical Framework ◽  
Real Estate Industry ◽  
Production Of Space ◽  
Planning Law ◽  
Regional Autonomy ◽  
Competing Interests ◽  
The Law ◽  
Legal Centralism

AbstractThe controversy over the provincial spatial planning regulation for Bali Province reflects the dynamic of Balinese society in the era of regional autonomy. The dynamic is polarised between expanding the tourism and real estate industry for economic reasons and constraining such expansion for the sake of protecting Bali’s environment and culture. Thus, the law governing space becomes an essential means to intervene in crafting the relations between competing interests over space. The application of the law itself is also complicated by the condition of legal pluralism which provides different and sometimes conflicting sources of legality to be used to justify the interests of legal actors. This article aims at highlighting how space is produced in a pluralistic legal setting and examining whose interests are served by the condition of legal pluralism in contemporary Bali. Employing socio-legal methods with Lefebvre’s conception of space and legal pluralism as an integrating analytical framework, the article contributes to the literature on spatial planning law in Indonesia that is dominated by “legal centralism” and a given notion of space.

Legal Pluralism Explained

2021 ◽  
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
International Law ◽  
Historical Context ◽  
Legal Pluralism ◽  
Customary Law ◽  
Legal Anthropology ◽  
Social Scientists ◽  
Law And Development ◽  
Indigenous Law ◽  
Transnational Law ◽  
Religious Law

Legal pluralism involves the coexistence of multiple forms of law. This includes state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, comparative law, international law, transnational law, jurisprudence, and law and development scholarship. This book places legal pluralism in historical context going back to the Medieval period, describes the origins of legal pluralism in postcolonial countries and its implications today, identifies manifestations of legal pluralism within Western societies, discusses contemporary transnational legal pluralism, identifies problems with current theoretical accounts of legal pluralism, and articulates an approach to legal pluralism that avoids theoretical problems and is useful for social scientists, theorists, and law and development scholars and practitioners.

Obrót nieruchomościami rolnymi a planowanie przestrzenne

2019 ◽  
Vol 78 ◽  
pp. 373-385
Author(s):  
Adam Niewiadomski
Keyword(s):  
Real Estate ◽  
State Policy ◽  
Spatial Planning ◽  
The State ◽  
Agricultural System ◽  
The Law ◽  
Planning Authority

The article presents the latest regulations related to spatial planning and its impact on the sale of agricultural real estate in the light of the Act on shaping the agricultural system. Relations between spatial planning and agricultural real estate indicate the tendency of essential planning authority of the municipality and thus to that they influence the sale of agricultural real estate, excluding the application of the law on shaping agricultural system. The article also presents a model of shaping the state policy in the field of preserving the agricultural character of real estate.

Law, Science, and Technologies

2020 ◽  
Author(s):  
Bertram Turner ◽  
Melanie G. Wiber
Keyword(s):  
Coming Out ◽  
Science And Technology Studies ◽  
Science And Technology ◽  
Legal Pluralism ◽  
Actor Network Theory ◽  
Legal Anthropology ◽  
Normative Power ◽  
Technology Studies ◽  
The Past ◽  
Governance Institutions

Over the past twenty years, scholars in both anthropology and law (L) have found the approaches and concepts in Science and Technology Studies (STS) useful to understand techno-scientific transformations of the world. Legal scholars recognized that new scientific discoveries and technology interfered in the processes of routinization of social practices, creating new norms and influencing law. In the legal approach to STS, however, the focus has been on the law of the state and/or law deriving from the production of global governance institutions. Meanwhile, the encounter between anthropology and law has always had to take into consideration normatively effective mechanisms of social ordering that were not conventionally identified as law. Thus, the adoption of an STS perspective in legal anthropology was more open to exploring the normative power invested in other domains, such as the built environment, technologies, and inventories of knowledge and convictions such as religion. While L and STS are viewed as mutually constitutive of modernity, anthropological studies of legal pluralism (LP) have focused in recent years on multiple normative orders generated by world-making initiatives, including the normative power of technology under the influence of neoliberalism. In this contribution, then, we bring together law, science and technology studies, and legal pluralism to explore how normative orders are affected by materiality, technology, and scientific knowledge. In discussing the intersection of these three knowledge regimes, we find particularly useful concepts coming out of Actor Network Theory such as co-production, translation, boundary objects, and infrastructure.

scholarly journals SPATIAL PLANNING LEGISLATION IN GHANA: EXPLORING THE EVOLUTION, CONTRIBUTIONS, AND THE WAY FORWARD.

2021 ◽  
Vol 7 (2) ◽  
pp. 398-413
Author(s):  
A. K. Sarfo
Keyword(s):  
Nineteenth Century ◽  
Land Use ◽  
State Policy ◽  
Spatial Planning ◽  
National Development ◽  
Developed Countries ◽  
Analytical Framework ◽  
Development Planning ◽  
Planning System ◽  
Country Planning

This paper explored the evolution of spatial planning in Ghana’s context. Using Institutional Analytical Framework, the paper posits that spatial planning has gone through several changes over the years. Additionally, it was revealed that spatial planning as an idea dates back to nineteenth-century industrialization and urbanization that mostly happened in developed countries. These had less focus on civic design and came to be more competent in state policy. Although planning in Ghana antedates the early 90s, nationwide spatial planning commenced with the preparation and initiation of CAP 84 (Town and Country Planning Ordinance) in 1945. Fast forward spatial planning in Ghana is presently being done by tenets and provisions as captured in Act 925 - Land Use and Spatial Planning Act 2016. However, this paper establishes possible conflict and duplication of planning efforts and practices by looking at Act 925 and Act 480 - National Development Planning System Act, 1994. It envisages that planning in Ghana will go through another evolution to avert the “spatial” and “policy” perspectives to planning and as well attain coordinated efforts to guide the course of planning in Ghana. Keywords: Spatial planning, Land use, Evolution, Planning conflict

Legal Pluralism in Postcolonial, Postnational, and Postdemocratic Times

2020 ◽  
Author(s):  
Eve Darian-Smith
Keyword(s):  
Nineteenth Century ◽  
State Power ◽  
Legal Pluralism ◽  
Legal Anthropology ◽  
Units Of Analysis ◽  
Colonial Legacies

Since the nineteenth century anthropologists have been fascinated by law and legal practices in far-off cultures and lands. Legal anthropology, as a subfield of the discipline, has contributed enormously to contemporary sociolegal analyses of legal pluralism across the academy. Be that as it may, this chapter suggests that anthropology’s contribution is ultimately limited by the enduring analytical framing of legal pluralism within colonial/postcolonial contexts. Moreover, this analytical constraint prevents scholars from seeing other forms of legal pluralism of immense importance in analysing contemporary societies in which genealogies of colonialism and modernist units of analysis and assumptions of state power are not so evident or significant. The essay calls for anthropologists to think about legal pluralism in terms, and along lines of inquiry, that move beyond the discipline’s colonial legacies and conventional sites of research and to appreciate the global contexts in which all legal pluralism should be analysed.

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