MIGRANTS AS BROKERS OF FOOD HERITAGE MAKING: A CASE STUDY OF THE BARIO FOOD AND CULTURAL FESTIVAL IN BORNEO, SARAWAK, MALAYSIA

The communities’ ability to control heritage has been questioned and analysed in a broader perspective of socio-cultural cohesion and power. However, a research gap exists regarding the capabilities developed by the indigenous communities to collectively empower themselves by appropriating external resources such as research and development projects. To address this gap, we investigate the Kelabit socio-political configuration related to food heritage through the lens of the anthropology of brokers. The empirical basis of this contribution includes participant observation of the 11th edition of the Bario Food and Cultural Festival (Borneo, Sarawak, Malaysia) as well as semi-structured interviews with the Kelabit community members – local, diaspora and counter diaspora – and representatives of tourism and heritage. Overall, our findings unveil networked food heritage practices with outside agents and notably national and global academic institutions. Consequently, the analysis reveals the trans-identity capabilities of the Kelabit migrants in interfacing the local community with a range of stakeholders - and more specifically research networks – thereby adopting the role of cultural brokers. In doing so, the Kelabit people contribute to the intricate co-production of the definition of the Kelabit food heritage.

POLITICAL CONFIGURATION AND LEGAL PRODUCTS IN INDONESIA IN TERMS OF ISLAMIC CONSTITUTIONAL LAW

Politics and the state are inseparable. The confusion of the form of politics or what is known as the Political Configuration and Legal Products in Indonesia makes people wonder. Then, Islamic Constitutional Law will look at or see how Indonesia's forms of politics and legal products are used. This study aimed to determine Indonesia's political configuration and legal products in terms of Islamic constitutional law. The type of study was normative legal research or research library. The primary data sources were obtained from Al-Qur'an and Hadith, while the secondary data were obtained from books, journals, or materials taken from writings related to the subject matter. The data collection technique was used through the literature by searching, reading, studying, and reviewing related literature. The results of this study showed that: 1) Indonesia currently used a democratic political configuration and responsive legal products, where the public was given space to express themselves and play an active role in determining policies in the government; 2) Islamic constitutional law considered that the political configuration and legal products in Indonesia were in accordance with what was contained in the Islamic constitutional law. This was because Indonesia's democratic political configuration and legal products had the same vision, namely creating prosperity for the general public.

THE SOUTH AFRICAN ACT REVISITED – SOME CONSTITUTIONAL AND POLITICAL REFLECTIONS ON LESSONS LEARNT FROM THE CENTENARY OF THE UNION OF SOUTH AFRICA IN 1910

Just over a hundred years ago South Africa became a politically united state governed by the South Africa Act of 1909, which constituted the first constitution for a territory comprised of the four erstwhile British colonies of the Cape of Good Hope, Natal, the Transvaal and the Orange River Colony. This article revisits this historic constitution and attempts to revaluate its cardinal characteristics in the light of our subsequent constitutional and political development. This article also examines the constitutional and political configuration of the South Africa Act and how it came into being through a so-called National Convention and the part played by the prominent politicians and role players of the day. It examines the constitutional precedents that were available at the time. The crucial issues relating to the nature of the state that was to be established and why a unitary model and not a federation was adopted,are explained. It also considers the vexed question of the franchise and how a compromise was reached in this regard. Other important issues on which decisions had to be taken such as, inter alia, language, native and Indians affairs, are examined and evaluated. The article attempts to address certain important constitutional and political lessons that can be learnt from such an evaluation.

POLITIK HUKUM PEMBENTUKAN RANCANGAN UNDANG-UNDANG PENGHAPUSAN KEKERASAN SEKSUAL PERSPEKTIF HUKUM ISLAM

This paper aims to analyze the process of forming the Draft Law on the Elimination of Sexual Violence (RUU Elimination of KS) from the perspective of Islamic law and analyze the political configuration in the formation of the law. The method used is descriptive analysis with the type of normative-empirical research. This method is considered able to answer all the main problems in this study. The results show that, in Islamic law a leader is obliged to maintain the soul, mind, dignity and worth of his people. Islam does not justify violence against women, Islam commands that every human being can give love and affection to women without violence as stated in QS. Ar-Rum (30): 21. To prevent sexual violence against women and uphold moral values, the leader must form a regulation as a form of responsibility from a leader to his people. These regulations must be obeyed and implemented by all his people, this is explained in (QS. An -Nisa, (04); 59. In the formation of the Draft Law on the Elimination of KS, there was a tug of war. Since 2016 until now, the Bill on the Elimination of KS has been in and out of the National Legislative Council (Prolegnas) however, until now it has not been ratified for various reasons given until it was clashed with religious beliefs The ratcheting up of the ratification of the KS Abolition Bill shows the reluctance of the legislature to provide legal protection to the public.Abstrak: Tulisan ini bertujuan untuk menganalisis proses pembentukan Rancangan Undang-Undang tentang Penghapusan Kekerasan Seksual (RUU Penghapusan KS) ditinjau dari perspektif hukum Islam dan menganalisis konfigurasi politik dalam pembentukan Undang-Undang tersebut. Metode yang digunakan adalah analisis deskriptif dengan jenis penelitian normatif-empiris yang dianggap mampu menjawab semua pokok permasalahan dalam penelitian ini. Hasil penelitian menunjukkan bahwa dalam hukum Islam seorang pemimpin wajib menjaga jiwa, akal, harkat dan martabat dari rakyatnya. Islam tidak membenarkan adanya kekerasan terhadap perempuan, Islam memerintahkan agar setiap manusia dapat memberikan kasih dan sayang kepada perempuan tanpa adanya kekerasan sebagaimana tertuang dalam QS.Ar-Rum (30):21. Untuk menjaga agar tidak adanya kekerasa seksual terhadap perempuan dan menjunjung tinggi nilai moralitas, maka pemimpin harus membentuk suatu peraturan sebagai bentuk tanggung jawab dari seorang pemimpin kepada rakyatnya. Peraturan tersebut wajib dipatuhi dan dilaksanakan oleh semua rakyat­nya, hal ini dijelaskan dalam (QS. An-Nisa, (04);59. Dalam pembentukan RUU Penghapusan KS terjadi tarik ulur. Sejak tahun 2016 hingga saat ini, RUU Penghapusan KS telah berapa kali keluar masuk Prolegnas, namun sampai saat ini belum kunjung disahkan dengan berbagai alasan yang diberikan sampai dibentrokan dengan keyakinan agama. Tarik ulur pembahasan RUU Penghapusan KS menunjukan, keengganan dari badan legislatif dalam memberikan payung hukum kepada masyarakat.

Legal Politics For The Establishment Of Yogyakarta Regional Regulation Number 2 Year 2017 Regarding No-Smoking Area Siyasah Dusturiyyah Perspective

This research is normative legal research with a statutory approach which aims to analyze and describe the legal politics of the formation of the Yogyakarta City Regional Regulation Number 2 of 2017 concerning the Siyāsah dusturiyyah perspective on smoke-free areas. The type of data used in this study is material law consisting of primary, secondary, and tertiary legal materials. The data analysis method used is descriptive-analytic, and data collection uses library research. This study shows that first, the establishment of the Yogyakarta City Regional Regulation Number 2 of 2017 concerning Non-Smoking Areas is coloured by the democratic political configuration by the pros and cons of the Yogyakarta City government. Second, the Yogyakarta City Regional Regulation Number 2 of 2017 concerning Non-Smoking Areas substantially follows the principle of siyāsah dusturiyyah, reflecting the value of justice and legal certainty.

POLITICAL CONFIGURATION AND THE DEVELOPMENT OF ISLAMIC ECONOMIC LAW IN INDONESIA DURING THE NEW ORDER AND REFORMATION ERA

This article aims to comparatively view the political configuration in Indonesia in the New Order and the Reformation era related to the formation of law in Islamic economics. Recently, Islamic economics has become an issue that has attracted the interest of scholars and economic practitioners as it is the potential to become a large industry. Legal products and several policies were born as evidence of the development of Islamic economic law in Indonesia, such as the Halal Product Guarantee Act, the ratification of Government Regulations regarding the implementation of halal product guarantees, to the merger of conventional banks into shari'ah Banks. These phenomena show that the political configuration in the Reformation era is fertile ground for economic development. Then, what about the Political Configuration in the New Order era? This article is a legal study using historical and political approaches strengthened by legal political theories. The study found that there are different characteristics of Islamic economic law between authoritarian and democratic political configurations. This article emphasizes that the character of Islamic economic law in the New Order era tends to be orthodox; legal control was tightly held by the political elite and must be followed by the community (top-down). Meanwhile, the Reformation era brought the direction of Islamic economic law to responsive legal characteristics. The society holds legal control by making the elites as policymakers for the development of Islamic economic law (bottom-up).

Institutionalization of Islamic Law in Indonesia

This article discusses the institutionalization of Islamic law into national law in Indonesia. The aim is to analyze the possibility of incorporating Islamic Law into the national legal system. This desire is logical, considering that Muslims in Indonesia occupies the majority position (85%) and the community requires appropriate regulations sourced from the teachings of their religion. Based on the results of the 1979/80 BPHN legal review seminar, there are at least 3 (three) main things that could be done, namely; (1) making Islamic law one of the ingredients in the preparation of national law, (2) reviewing and updating national legal products originating from colonial law that is not following the elements of Islamic law. (3) coordinating new regulations which contain Islamic legal norms. This study finds the fact that not all provisions of Islamic law can be incorporated into national law. Only provisions of a civil nature and which are truly correlated with public order (public interest) can be adopted. Apart from that, the law is not only a legal product but also a political product. In other words, the configuration of legal politics in Indonesia shows a very close relationship with the political realm. Therefore, it is necessary to have a strong synergy between Muslim intellectuals and political actors.Keywords: Islamic law, legal politics in Indonesia, political configuration.

LABOR IN THE 21ST CENTURY: CHALLENGES OF POST-FORDISM / NEOLIBERALISM AND THE SITUATION OF WORKING PEOPLE IN THE MODERN GLOBAL WORLD

The article examines the current problems of the global sphere of work and employment. The author historically assesses the causes and consequences of the structural transformations of the economy and social and labor relations as a result of the transition of the capitalist economy from fordism and keynesianism to post-fordism and neoliberalism at the end of the 20th century. Based on the analysis of a significant array of statistical and sociological information the author concludes that in the conditions of neoliberal economic globalization, labor has undergone significant changes in comparison with the period of the "glorious post-war thirty years" of capitalism. The implementation of radical economic reforms has led to an increase in employment vulnerability and a decrease in the quality of working life for many categories of workers in the modern world. The decline in the share of labor in GDP, the lag in wage growth rates from labor productivity, and the widespread incidence of informal and vulnerable employment, characteristic of this period, have become the main reasons for the growth of socioeconomic inequality and widespread poverty and poverty in the working environment in recent decades. Having considered the impact of the current process of automation, robotization and digitalization of the global economy, the author concludes that without changing the socio-economic and political configuration of the structure of the modern world, the potentially high utility of the latest achievements of science and technology will be significantly limited and subordinated mainly to the economic interests of capital owners, and will not work for the benefit of all humanity and social progress. The article pays special attention to studying the consequences of the COVID-19 pandemic in the context of their impact on the position of employees in the modern world.