The increasing of Human Resources quality Through Food Security in Semarang City (A Study of Legal Anthropology)

Development of food security has a strategic meaning in development in an area through its human resources, in accordance with Constitution number 18 of 2012 concerning food, that the provincial, district / city and / or village governments determine the type and amount of certain food reserves according to the consumption needs of the local community. The Human Development Index (HDI) also states that three factors determine the Human Development Index, namely education, health, and economy, so the quality of human resources is very influential and has an important role in developing and managing food so that a synergistic relationship between various aspects of the food security development in a region is needed. In this study, improving the quality of human resources in the city of Semarang in terms of the Anthropological Study of Law on food security, the method used through a normative juridical approach that is the law conceptualized as a normative symptom in legislation with the legal anthropological approach, the population in this study is the Department of Agriculture Semarang City with samples of food products in improving the quality of its human resources The results of this study comes through the Empirical Legal Anthropology approach, the support of strong and effective food institutions can spur growth, development and improvement of food, the nutritional status improvement of the community is very influential in improving the quality of human resources in increasing intelligence and the performance of human resources in determining future growth as one of strengthening local food security in the city of Semarang. With the availability of high quality human resources characterized by a strong physical, strong mental, excellent health and mastering science and technology can support the development of the city of Semarang.

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

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.

Legal Uses of Anthropology in France in the Nineteenth and Twentieth Centuries

This chapter sheds light on the long-standing history of the relationship between law and the human and social sciences in nineteenth- and twentieth-century France. This story has often been reduced to its most recent and academic development, that is, legal anthropology. However, focusing on this strictly contemporary, academic definition of anthropology risks overlooking the many and varied ways of thinking that, over the past two centuries and more, have shaped the relationship between law and the study of humanity. The authors suggest that such an approach obscures the depth and the variety of forms that this relationship took over time. This chapter documents the various ways that legal scholars in France—over the course of two centuries marked by the rise of codification and legal positivism—drew upon history, philology, ethnology, physical anthropology, and sociology, all in the pursuit of a more profound understanding of homo juridicus.

Legal Traditions

Legal anthropology has to understand and deal with complex and often plural constellations of normative bodies, legal discourses, institutions, and practices. They shape the legal regimes people live in. These legal regimes as well as the ways in which societies operate with legal diversity have developed over time. History has done more than shape the vocabulary and the grammar of each community’s law. The narratives we produce about the past are also used to construct and express individual and social identities. Thus, history and its (re)construction by later generations can impose constraints and limit available options, but also open spaces of negotiation and provide for innovation. Legal regimes of the past are often called ‘legal traditions’. In the last decades, the idea of ‘legal traditions’ has gained considerable practical importance. Especially in former colonial countries, and due to the increasing recognition of the rights of Indigenous Peoples in international and national law, many actors are drawing on history to claim rights and obligations for the present and the future. In a similar manner, some historical legal regimes seem to embody injustice, leading to pleas for the recognition of their unjust character or even for material compensation. The aim of this chapter is to offer some reflections on the concept of ‘legal traditions’ and its role in constructing our identities and shaping our present legal regimes.

Legal Ethnology and Legal Anthropology in Hungary

In this chapter, the history of legal ethnology and of legal anthropology in Hungary are viewed within a common frame. Contemporary Hungarian legal anthropologists see earlier legal ethnologists as important precursors; however, they also recognize that legal ethnology cannot be directly revitalized in the post-transitional period. Four phases of the history of these approaches to law in sociocultural context are discussed: (1) the birth of ethnographic interest in law around 1900; (2) the legislative programme focusing on the in-depth study of folk law at the end of the interwar period; (3) the decline and rehabilitation of legal ethnology in the socialist era; and (4) the emergence of ‘Western-style’ legal anthropology beginning in the 1990s. The chapter concludes with the observation that the conditions for the further development of legal anthropology in Hungary seem to be unfavourable.

Russian Legal Anthropology

This chapter traces the development of legal anthropology in Russia from imperial times to the present. The authors suggest an innovative research agenda based on thorough consideration of Russia’s long history of legal ethnography, a strong applied orientation, and interdisciplinary cooperation between legal scholars and anthropologists, which ideally would start from the conception of a research project and would include joint fieldwork. They provide a brief overview of the different types of studies of law and society in Russia that claim the name ‘legal anthropology’ (iuridicheskaia antropologiia, antropologiia pravo), but which in fact come out of different disciplines; have different approaches, aims, and orientations; and are not in conversation with one another. On the basis of their fieldwork, the authors identify two contrasting types of societies that exist among the Indigenous peoples of Russia: non-state societies (on the example of the Nenets in the Yamal-Nenets Autonomous Okrug) and almost-state societies (on the basis of the Sakha in the Republic of Sakha (Yakutia)). The examples illustrate why, in one society, non-state legal activity is pragmatically geared towards ‘getting things done’ and solving internal questions, while in the other there is a quest to contribute to legislative processes on a more general, countrywide level. Doing so also means mapping the cultural diversity of the current social life of legal systems that coexist within one state. This has both scholarly and practical value and can lead to wider recognition of legal anthropology as a unified field within and beyond academic scholarship.

Trade treaties of Russian and British empires with Yattishar: historical and legal study

The relations of the Russia and Britain with the self-declared state of Yettishar was a striking example of different approaches of two empires to the states and peoples of the Central Asian regions within so called Great Game, i.e. Russo-English rivalry in the 19th c. The trade treaties of Yattishar with the Russian Empire of 1872 and with the British Empire in 1874 became a legal reflection of these approaches and are of great interest within the context of the historical experience of the legal status of unrecognized states and positions of the rival world powers towards such states. The purpose of the article is a historical-legal analysis of above-mentioned treaties and comparative-legal analysis of them with the similar treaties signed by Russia and England with other Central Asian states during the same period. Author attempts to clarify if treaties of 1872 and 1874 confirmed recognition by both empires of Yettishar as a subject of international relations and how these legal documents reflected confrontation of Russia and England in the region. The study is mainly based on the formal-legal, historical legal and comparative-legal methods. Also author used the methods of legal anthropology and general history. The results of the research to a certain extant correlate with modern approaches in the policy of Russian and western powers in Central Asia in terms of political situation in the region as well as political, legal and cultural traditions of Central Asian states and peoples.

Realisme Hukum: Peradilan Adat dalam Perspektif Keadilan Sosial

Aspects of positivism with its normative approach are often taught in various law schools as a single perspective. The study of law can be based on legal realism. Nevertheless, there is still a debate about legal realism's working pattern and contribution to juridical science. This study that introduced legal realism worked with socio-legal method based on the literature review. It aimed to elaborate on the concept of legal-realism as an epistemology of the socio-legal school, which leads to the conception of customary law and legal anthropology. With a naturalistic approach and supported by theories of customary law and legal anthropology. This study showed that legal realism as a school in philosophy and juridical studies based on empirical studies need to be developed. It referred to legal realism conceptualized in Scandinavia and America that was suitable to Indonesia's legal context, especially customary law as the law that lives in society. Therefore, the law that lives in society is strengthened through verdict and law enforcement officers as symbols of the state. It suggested that legal realism is also taught in law schools at universities, so that legal academics have diverse points of view, both in the legal discipline and as a research method. KEYWORDS: Customary Law, Socio-Legal, Social Justice, Legal Realism.

The State of Custom: Gerd Spittler’s “Dispute settlement in the shadow of Leviathan” (1980) today

In our article, we engage with the anthropologist Gerd Spittler’s pathbreaking article “Dispute settlement in the shadow of Leviathan” (1980) in which he strives to integrate the existence of state courts (the eponymous Leviathan’s shadow) in (post-)colonial Africa into the analysis on non-state court legal practices. According to Spittler, it is because of undesirable characteristics inherent in state courts that the disputing parties tended to rather involve mediators than pursue a state court judgment. The less people liked state courts, the more likely they were to (re-)turn to dispute settlement procedures. Now how has this situation changed in the last four decades since its publication date? We relate his findings to contemporary debates in legal anthropology that investigate the relationship between disputing, law and the state. We also show through our own work in Africa and Asia, particularly in Southern Ethiopia and Kyrgyzstan, in what ways Spittler’s by now classical contribution to the field of legal anthropology in 1980 can be made fruitful for a contemporary anthropology of the state at a time when not only (legal) anthropology has changed, but especially the way states deal with putatively “customary” forms of dispute settlement.

Legal regulation of the institution of the partiesfrom the standpoint of the principle of balance of civil procedural legal relations

The modern science of civil procedural law is experiencing a new stage of understanding the institution of the parties, which is associated with the study of the principle of balance of civil procedural law. The basis of non-priority participation in the process of the plaintiff and the defendant determines the legislative regulation of the institution of the parties. This rule should be considered as one of the manifestations of a fair trial, as it is a manifestation of the balance of interests of the parties during the proceedings. In the spirit of this principle, it is proposed to improve the procedures for involving accomplices and replacing an improper party in civil proceedings. The principle of the balance of civil procedural legal relations is, first, that the amount of legal interest of the subject of the process is directly proportional to the scope of his procedural rights. Thus, the purpose of civil process - restoration of the broken right is reached. Meanwhile, the legislator does not always manage to comply with the relevant legal regulations. In particular, the rules relating to the institution of procedural complicity and replacement of the improper party. The mistake of the legislative regulation of this mechanism is, in our opinion, a misunderstanding of the principle of equality of arms: the court cannot involve the co-plaintiff, and therefore cannot involve the co-defendant. The different nature of the institutions of the plaintiff and the defendant does not allow the same approach to legal regulation. This inequality is compensated by other principles, rules and institutions of civil procedural law. But the starting point is that at the beginning of the case the plaintiff attacks, initiates the process, and the defendant is involved in the process. Keywords: civil process, parties of civil process, principle of balance, legal anthropology, procedural complicity, replacement of improper party.