scholarly journals BUILDING THE SOCIETY LEGAL CULTURE THROUGH LEGAL COUNSELING MODEL AS A SOCIAL MARKETING

Author(s):  
Rini Setiawati

Fostering the legal awareness is a current social change demand as part of government attention and promotion in various development efforts. Therefore, the establishment of a new legal product will become a reality if supported by the society members legal awareness. Legal awareness is the basis of the implementation of the law and it related to legal culture closely. Building the society legal culture should be oriented for the efforts to instill, promote and institutionalize the values underlying the law that require legal communication. The current legal counseling are required not just to do with the formal legal approach, but it can be done through a social marketing approach that more responsive in dynamics of change and the need for legal information in each segment of society.

Author(s):  
Rini Setiawati

Fostering the legal awareness is a current social change demand as part of government attention and promotion in various development efforts. Therefore, the establishment of a new legal product will become a reality if supported by the society members legal awareness. Legal awareness is the basis of the implementation of the law and it related to legal culture closely. Building the society legal culture should be oriented for the efforts to instill, promote and institutionalize the values underlying the law that require legal communication. The current legal counseling are required not just to do with the formal legal approach, but it can be done through a social marketing approach that more responsive in dynamics of change and the need for legal information in each segment of society.


Author(s):  
Serena Kalbskopf

In this essay I explore Karl Klare’s notion of transformative constitutionalism explored in light of the case of Shilubana.1 Firstly, I define transformative constitutionalism and the circumstances present in the South African Constitution (Constitution) that give its interpretation a post liberal propensity are set out. This is followed by establishing why it is important to dull the distinction between law and politics, and by a consideration of the influence of legal culture when interpreting the law. Thereafter, I give a brief background of Shilubana. I argue that Shilubana was informed by some transformative constitutionalism principles as far as enhancing multiculturalism is concerned although it was limited by the legal culture of Justice Van Der Westhuizen. Lastly, I attempt to show that the final outcome of the case did effect desired social change envisaged through or by the project of transformative constitutionalism.


2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.


2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.


Author(s):  
Alexander Kukharev ◽  
Alexander Rusu

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.


Author(s):  
Eddy Suwito

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Markus Brauer ◽  
Anissa Dumesnil ◽  
Mitchell Robert Campbell

Purpose Despite more than half a century of academic research, relatively few methods have been shown to reliably improve intergroup relations in the real world. This paper aims to use a social marketing approach to design a pro-diversity intervention in a university setting. Design/methodology/approach We conducted extensive qualitative, quantitative and observational background research to identify elements that would increase the effectiveness of the intervention. Focus groups and surveys allowed us to identify a target audience, target behaviors and the relevant barriers and benefits. Findings The background research suggested increasing inclusive behavior would have a greater impact than reducing discriminatory behavior. Based on this research, this paper determined an optimal target audience was students who had relatively positive attitudes toward diversity but engaged in few inclusive behaviors. This paper used relevant theories from the behavioral sciences to design an intervention that promoted a small set of inclusive behaviors and that addressed the relevant barriers and benefits. The intervention took the form of a single page of targeted messages that instructors can add to their course syllabi. The page communicates injunctive and descriptive norms, highlights the benefits of behaving inclusively and provides concrete behavioral advice. Originality/value The research applies the social marketing approach to a novel domain. This approach represents a new way to advance diversity, equity and inclusion through promoting inclusive and reducing discriminatory behavior.


Author(s):  
Riska Fauziah Hayati ◽  
Busyro Busyro ◽  
Bustamar Bustamar

<p dir="ltr"><span>The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant.</span> </p><p><em>Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. </em><em>Tulisan ini menemukan bahwa m</em><em>ediasi dalam p</em><em>enyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi </em><em>dari tahun 2016 sampai 2019 </em><em>belum efektif</em><em>. Hal ini karena dipengaruhi oleh beberapa faktor. </em><em> </em><em>Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.</em><em></em></p>


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