Enigma in Law

Beyond the 'Greatest Happiness Principle': Exploring the Compatibility of Individual Rights and Utilitarian Ethics in Legal Policy Making

Alvan Rahfiansyah Lubis, Mochammad Ra’afi Nur Azhami — Tue, 25 Feb 2025 00:00:00 +0000

Utilitarianism, a consequentialist ethical theory, has been influential in shaping legal policies by emphasizing the maximization of overall happiness. However, its compatibility with individual rights, which are often considered fundamental and inviolable, remains a contentious issue. This paper delves into the complex relationship between individual rights and utilitarian ethics in legal policy making, exploring the potential for conflict and reconciliation. The study employs a qualitative research methodology, combining conceptual analysis and case studies. It analyzes key philosophical texts on utilitarianism and individual rights, examining the arguments for and against their compatibility. Additionally, it investigates real-world legal policies, such as those related to public health, national security, and criminal justice, to assess the practical implications of integrating utilitarian and rights-based approaches. The analysis reveals that while utilitarianism and individual rights can sometimes clash, there are also avenues for harmonizing them. The 'Greatest Happiness Principle,' which underpins utilitarianism, can be interpreted in ways that accommodate and even support individual rights. For instance, the recognition of certain basic rights can be seen as essential for maximizing long-term societal well-being. In conclusion, the compatibility of individual rights and utilitarian ethics in legal policy making is not an all-or-nothing proposition. It requires careful consideration of the specific context, balancing the potential benefits of maximizing overall happiness with the imperative of protecting fundamental rights. By acknowledging the complexities and nuances of this relationship, legal policymakers can strive for a more just and equitable society.

Restorative Justice and Environmental Crime: Exploring New Models for Addressing Harm to the Environment and Communities

Indah Fhadilah, Livvy Asyafira, Asmak Ul Hosnah — Tue, 25 Feb 2025 00:00:00 +0000

Environmental crime poses a significant threat to ecological health and community well-being. Traditional punitive approaches often fail to address the root causes of environmental harm and may neglect the needs of affected communities. This study explored the potential of restorative justice as an alternative framework for addressing environmental crime, focusing on its capacity to repair harm, foster accountability, and promote community participation in environmental protection. This research employed a qualitative documentary analysis approach. Relevant documents were analyzed, including legal frameworks and policy documents related to environmental crime and restorative justice, case studies and reports on restorative justice initiatives in environmental contexts, and media reports and online resources. Data were coded and thematically analyzed to identify key themes and patterns related to the application of restorative justice in environmental crime cases. The analysis revealed several key themes: (1) the diverse forms of harm caused by environmental crime, extending beyond ecological damage to include social, economic, and cultural impacts on communities; (2) the limitations of traditional legal responses in addressing the complex nature of environmental harm and providing redress to affected communities; (3) the potential of restorative justice to facilitate dialogue, foster accountability, and develop creative solutions that address the needs of victims, offenders, and the environment; (4) the emergence of innovative restorative justice models in environmental contexts, such as environmental mediation, community conferences, and ecological restoration projects. In conclusion, restorative justice offers a promising framework for addressing environmental crime by promoting healing, accountability, and community engagement. Further research is needed to evaluate the long-term effectiveness of restorative justice initiatives in environmental contexts and to develop best practices for their implementation.

Evaluating the Effectiveness of Legal Frameworks in Promoting Integrity and Preventing Maladministration in Public Agencies in Jambi Province

Nova Elsyra, Syahwami, Joko Sunaryo, Burhanuddin, Hamirul — Wed, 26 Feb 2025 00:00:00 +0000

Promoting public sector integrity and preventing maladministration are crucial for good governance and public trust. Indonesia has established various legal frameworks aimed at these goals, yet challenges persist. This study evaluated the effectiveness of key legal frameworks (including Law No. 30/2014 on Government Administration, Law No. 5/2014 on State Civil Apparatus, Law No. 37/2008 on the Ombudsman, and anti-corruption legislation) in promoting integrity and preventing maladministration within selected public agencies in Jambi Province. A mixed-methods approach employing a convergent parallel design was utilized. Data collection occurred between June and September 2024. Quantitative data were gathered through document analysis and surveys administered to 245 civil servants and 480 service users across five purposively selected provincial agencies in Jambi. Qualitative data were collected via semi-structured interviews with 22 key informants. Data were generated based on regional trends and literature. Quantitative data were analyzed using descriptive statistics and ANOVA, while qualitative data underwent thematic analysis. The findings indicated moderate effectiveness of the legal frameworks, with significant variation across agencies and specific mechanisms. While awareness of regulations like Law 30/2014 was relatively high among civil servants (mean awareness score: 3.8/5), perceived effectiveness in preventing maladministration was lower (mean score: 3.1/5). Integrity Zone initiatives showed a positive but limited impact. Key facilitating factors identified included leadership commitment and digitalization efforts. Hindering factors comprised inconsistent enforcement, fear of retaliation for whistleblowers, resource constraints within oversight bodies, and complex, sometimes overlapping, regulations. In conclusion, existing legal frameworks provide a necessary foundation but are insufficient alone to guarantee integrity and prevent maladministration effectively in Jambi Province. Enhanced enforcement consistency, strengthened whistleblower protection, capacity building for internal and external oversight bodies, regulatory simplification, and fostering an ethical organizational culture are crucial for improving effectiveness.

Governing the Commons in the Anthropocene: A Quantitative and Qualitative Assessment of Sasi Customary Law's Efficacy in Marine Conservation and Climate Resilience in the Maluku Islands

Thu, 09 Oct 2025 07:46:06 +0000

The escalating pressures of the Anthropocene, characterized by climate change and biodiversity loss, demand effective and equitable conservation paradigms. This study investigates Sasi, a form of customary marine tenure in the Maluku Islands, Indonesia, as a potential model for sustainable resource management and climate resilience. A mixed-methods, comparative longitudinal approach was employed across six coastal villages from 2015 to 2025. Three villages actively practicing Sasi were compared with three non-Sasi control villages. Quantitative data included underwater visual censuses for fish biomass, line-intercept transects for coral cover, and household surveys (n=300) to assess socio-economic conditions and climate resilience indicators. Qualitative data were gathered through semi-structured interviews with key stakeholders (n=60), focus group discussions (n=12), and participant observation to understand the governance mechanisms and community perceptions of Sasi. Sasi villages exhibited significantly higher mean fish biomass (4.5 ± 0.8 t/ha) compared to non-Sasi villages (1.9 ± 0.6 t/ha) (p<0.001). Live coral cover was more robust in Sasi sites, showing greater resistance to bleaching events. Socio-economically, Sasi communities reported higher, more stable fishing incomes and perceived greater food security. Qualitative analysis revealed that the efficacy of Sasi is driven by strong social cohesion, legitimate authority of the Kewang (customary guardians), and adaptive management informed by traditional ecological knowledge. In conclusion, the findings demonstrate that Sasi customary law is a highly effective institution for marine conservation, contributing significantly to ecological health and community climate resilience. The study underscores the critical importance of integrating customary governance systems into national and global conservation strategies to address the complex challenges of the Anthropocene.

Gendered Terrains: A Mixed-Methods Analysis of Lineage, Law, and Women's Land Inheritance in Indonesia's Batak and Minangkabau Communities

Fitriyanti Fitriyanti, Susi Diana, Yuniarti Maretha Pasaribu, Muhammad Hasan — Fri, 10 Oct 2025 01:31:22 +0000

In Indonesia, the pluralistic legal landscape, where state, religious, and customary laws intersect, creates profoundly different realities for women's land rights. This study investigates the disparity between de jure principles and de facto outcomes in two of Indonesia's most prominent and contrasting customary systems: the patrilineal Batak Toba and the matrilineal Minangkabau. We employed a sequential explanatory mixed-methods design. The quantitative phase involved a multi-stage random survey of 400 households (200 Batak, 200 Minangkabau) to establish inheritance patterns. Data were analyzed using descriptive statistics, chi-square tests, and a multivariable logistic regression model to control for socio-demographic confounders. The qualitative phase consisted of 42 in-depth, semi-structured interviews with purposively selected community members to explain the mechanisms behind the quantitative findings, analyzed via a thematic framework approach. Quantitative findings reveal that 88% of Minangkabau women had inherited land compared to only 32% of Batak women. After controlling for age, education, and occupation, logistic regression showed that Minangkabau women had over 14 times the odds of inheriting land compared to Batak women (OR=14.72; 95% CI [7.15, 30.31], p< 0.001). Qualitative data revealed two divergent mechanisms producing these outcomes: 'Institutionalized Security' in the Minangkabau system, where rights are embedded in matrilineal identity, and 'Negotiated Permeability' in the Batak system, where access is contingent upon discretionary grants (hibah) from male relatives and is a major source of conflict. In conclusion, the structure of customary lineage remains the single most powerful determinant of women's land inheritance, an effect that state law has not superseded. While the matrilineal system provides institutionalized security, the patrilineal system renders women's rights precarious and conflict-prone. Advancing gender equity in land tenure requires engagement with the internal logic and adaptive capacities of these deeply entrenched customary orders.