ALSA 2025 meeting

Opening Plenary Sessions Day 1 9:15-10:15
Moderator (Program Committee Chair)
1. Host Institution Greeting (UGM President or Dean?)
2. ALSA President's Address
3. Keynote Speech (TBD, preferably from Indonesia)
4. Announcements regarding operations (Organizing Committee)
5. Group Photo (taken from the stage to the audience)

Once legal liability has been established, a more difficult question arises—how, and to what extent, should that liability be apportioned？Judicial practice in China has often oscillated between two poles, total liability on the one hand, and complete exoneration on the other. Consequently, there remains a conspicuous absence of a middle ground that allows for proportionality and reflects the distribution of fault. Drawing on a limited body of case law and interviews with Chinese legal practitioners, this paper offers a general sketch of how proportional joint liability has been applied in practice, and how the legal system has responded to its conceptual and procedural demands. It further examines how, judges, who rely on their free judicial evaluation, have devised informal exoneration mechanisms in the absence of clear doctrinal guidance. These range from equitable leniency and contractual waiver to non-adjudicative closure, offering flexible responses where formal legal pathways are lacking. Using the notion of proportional joint liability as a conceptual entry point, the paper seeks to chart a potential institutional path between “Everything” as well as “Nothing”. The path seeks harmony between structure and sympathy, binding accountability with mercy, and shaping a framework that listens to the reason of rules and the whispers of exception at the same time.

I explore how cause lawyers assist urban poor communities in resisting their dispossession through alternative lawyering and rights-based litigation. In exploring this relationship, I triangulate an exploratory single case study design that mobilizes a combination of interview and archival data, with in-depth interviews of cause lawyers affiliated with various human rights groups. Specifically, I utilize a Supreme Court case that compelled government agencies in the Philippines to clean up the Manila Bay and, in so doing, demolish and evict informal settler homes and families living along its banks and its connected rivers, waterways, and esteros (i.e., creekside). Urban poor communities involved in this case received legal support from two Non-Governmental Organizations: Urban Poor Associates and the Sentro ng Alternatibong Lingap Panlegal (SALIGAN; Center for Alternative Lawyering). Both organizations share a long history of providing legal and organizational support to urban poor communities disadvantaged by the threat of displacement. Why were cause lawyers involved in the landmark Metropolitan Manila Development Authority v. Concerned Residents of Manila Bay successful in assisting some urban poor communities in resisting their dispossession through alternative lawyering and rights-based litigation, but not in others? What resources did they provide? How did they mobilize these resources? In what ways did they creatively mobilize jurisprudence to translate the urban poor’s interests and demands into legally-recognized rights? How did they influence the urban poor’s tactical repertoire of legal mobilization strategies? My paper broadly seeks to probe the relationship between the law and social change.

In entering the metaverse, we do not leave our moral selves behind. My chapter explores the socio-legal complexities of avatar harassment in immersive virtual worlds (i.e., "Zwischenwelten" – world in between), grounding its inquiry in humanistic commitment and narrative imagination. Using the allegorical scaffolding of Alice in Wonderland, it looks at how seemingly fictional acts nonetheless penetrate deeply into the emotional and psychological lives of real persons. Through "three acts," the chapter moves from the inward sphere of individual ethical responsibility (Act I), to the structural dynamics of technological and legal governance (Act II), and finally toward a vision of the metaverse as a self-sustaining ethical community (Act III). The analysis resists both technocratic reduction and the distorting lens of moral panic, insisting instead on the centrality of cultivated moral capacities: responsibility, empathy, and the ability to see others – avatar or not – as ends in themselves. By entwining fundamental legal tenets with observable experience, the chapter invites a rethinking of law and governance not as mere tools for social order, but rather as an empowering architecture for individual agency in present and future virtual societies, not in the sense of egoist exclusivity but in the sense of duties and obligations in the social.

Science-based regulations are typically based on a vague statutory mandate that requires the agency to set standards or take actions at the point when risks are identified. Within such process, regulatory knowledge is created, circulated, and made into patterns by concrete and sophisticated technical rules produced by structured and ‘objective’ approaches. Such ‘standardization’ produces clear-cut, commensurable rules and creates expectation for the general public, acting as a crucial means of knowledge communication. Meanwhile, it incorporates authorized expertise in certain fields to improve the quality of administrative decision making, striving for truth and correctness in achieving better regulation. However, the trend of standardization in modern regulations comes with the tyranny of science-dominated and number-based rationality, creating potential injustice between the knowledgeable few and the vast majority.

While science-based regulatory frameworks universally feature instruments with similar functions of standardizing regulatory knowledge, their constructions of regulatory objectivity can be varied, influenced by different traditions of the Rule of Law. Drawing on Lorraine Daston and Peter Galison’s conceptions about mechanical objectivity and trained judgment, this article explores how environmental governance defines and pursues objective knowledge within the U.S. and China, principally in the domain of administrative rulemaking. By examining their pollution control regimes and underlying rationales, this article highlights the contrasting approaches to ‘hard’ and ‘soft’ science-based regulations. This comparison reveals how regulatory structures are informed by different notions of Rule of Law, which are guided by the seemingly universal, but intrinsically varying constructions of objectivity.

Key Words: Standardization; Expert Administration; Regulatory Objectivity; The Rule of Law

This paper analyzes the shift towards the centralization of power within coastal governance in Semarang, Indonesia, through a political ecology perspective. In the context of escalating sea-level rise, governance reforms—such as the implementation of Law No. 23 of 2014, which transfers coastal management authority from municipal to provincial levels—have not merely reorganized institutional duties but also rescaled power in ways that critically shape local adaptive capacity. Here, political ecology offers a framework to unpack these transformations, positioning climate change-related disasters not as purely biophysical challenges, but as socio-political outcomes rooted in historical and institutional asymmetries. Guided by this perspective, this research addresses two central questions: (1) How does political ecology explain power relations in the rescaling of coastal governance under the local autonomy framework? and (2) What are the implications of this rescaling for responsibilities, adaptive responses, and climate justice at the city level, particularly in Semarang? Methodologically, this study adopts a socio-legal approach and seeks to offer a trajectory in juridical research that engages with political ecology to examine how authority over coastal zones is redistributed and what this means for governance and justice. The analysis highlights a scalar mismatch: provinces now govern up to 12 nautical miles offshore, while nearby city authorities are structurally sidelined. This reconfiguration erodes local agency and restricts community-based adaptation initiatives. The paper argues that the centralization of authority, under the guise of administrative efficiency, conceals deeper political struggles over whose knowledge counts and whose interests prevail. It hypothesizes that governance rescaling exacerbates vulnerability and undermines inclusive adaptation by privileging technocratic and donor-driven priorities over local needs. In the context of Semarang’s sinking coastline, this represents not only a governance gap but a governance failure—one that urgently demands critical rethinking.

In the rapidly evolving landscape of digital marketing, social media influencers have emerged as powerful intermediaries between brands and consumers. This research paper delves into the intricate legal dimensions of influencer marketing contracts, an area increasingly pivotal in the realm of private law. The study explores the contractual relationships between influencers and brands, shedding light on the complexities of content creation, brand representation, and consumer protection within the framework of digital advertising.
Drawing from theoretical underpinnings of contract law, the paper examines the enforceability of influencer agreements, disclosure obligations, and the nuances of endorsement. It critically analyzes how traditional contract principles adapt to the dynamic and fluid nature of social media platforms.
Through a detailed and analytical exploration of legal frameworks existing in various countries, the paper aims to provide a comprehensive understanding of how private law principles are being redefined in the context of digital advertising.
The author, through this paper, aims to contribute to the broader discourse on private law theory by offering insights into the legal intricacies of influencer marketing contracts, highlighting the need for a balanced approach that safeguards both the interests of brands and the rights of consumers in the digital age.

Both civil and commercial agencies face the challenge of protecting the reliance of the counterparty. However, when regulating commercial transactions, the law must place greater emphasis on promoting efficiency and maintaining dynamic security. In civil agency, the principle of Causativeness should be applied to the act of granting agency, whereas in commercial agency, the principle of Abstraktionsprinzip should be followed.
In commercial agency, if the agent is incapacitated, the provisions of Article 145 of the Civil Code of the People's Republic of China shall be applied by analogy, ensuring that the acceptance of the authorized act and the act of agency remain valid. If the authorized act is invalid due to the principal’s reserved intention and the agent’s knowledge, such invalidity shall not be asserted against a bona fide third party. If the authorized act is revoked, the provisions of Article 85 of the Civil Code shall be applied by analogy, without affecting the legal relationship with the bona fide counterparty.
The agency authority of a commercial agent shall be interpreted expansively, allowing the agent to perform acts that are not directly authorized as long as they do not violate the purpose of the appointment. In civil apparent agency, the imputability of the agent shall be based on the principle of fault imputation, and good faith requires that the counterparty is unaware of the lack of authority and has no general negligence In contrast, commercial apparent agency shall follow the principle of risk imputation, meaning that if the agent is an insider of the organization, it is sufficient for the counterparty to lack gross negligence.

Between Embracing Equality and Guarding the Majority: A Critical Review of Indonesia’s Regulation on Places of Worship
Abstract
By: Fahri Jundi Daula
Religious diversity and complex character of society should serve as the foundation for fair and inclusive regulation. However, reality shows otherwise, Indonesia regulation concerning the construction of place of worship has grown from the majoritarian logic that often hinders the religious minorities. SKB 2 Minister 2006 stands as clear example of how diversity is framed through a discriminatory regulatory lens. Requiring supports from 90 congregants, 60 signatures from local residents, approval from the Religious of Harmony Forum (FKUB), and permission from the local government. These administrative act as social barriers that restrict communities from worshiping freely. Rather than safeguarding harmony, this regulation often becomes a tool that reinforces the dominance of the Moslem majority. Sometimes even justifying repressive actions. High profile cases like GKI Yasmin in Bogor or HKBP Filadelfia in Bekasi show how the law bends to egocentrism of majority groups and illusion of communal comfort. Starting from this condition, this paper critically examines the exclusive nature of Indonesia’s regulation on places of worship using a legal philosophy approach, particularly Rawlsian procedural justice and comparative analysis with religious regulation in other ASEAN countries such as Philippines and Malaysia which also posses culturally diverse society. The paper aims to offer solutions to the injustice and legal exclusivity faced by religious minorities. Ultimately, this work serves as an academic critique but also a moral appeal, urging for laws that not preserve order, but guarantee every citizen’s right to worship freely, safely, and with dignity.
Keywords: Legal pluralism, religious freedom, minority rights, places of worship regulation, ASEAN legal comparison.

Due to the expansion of space operations, orbital debris creates increasing risks to governmental as well as business-related space activities. Conventional governance systems grounded in international treaties have not been able to effectively address these risks, while national mission approval systems are appearing as essential tools for space governance. This article responds to the following question: how does the Japanese mission approval system transform soft law into enforceable legal requirements, and how does it compare with the EU’s evolving regulatory approach to space debris governance?

Based on norm formation theory and legal pluralism, this article evaluates Japan’s legal framework, which incorporates administrative supervision to enforce debris mitigation standards. Through the use of international guidelines (such as those of COPUOS or IADC) to inform its mandatory national regulations, Japan operationalized soft law and made it an effective legal obligation. This differs from the EU’s evolving regulatory framework, where proposals for mandatory compliance are currently being considered, possibly moving away from voluntary self-regulation to more binding rules.

This article critically evaluates the Japanese regulatory framework, using empirical examples and case studies related to debris mitigation requirements (for example, autonomous deorbiting and post-mission disposal plans). The Japanese approach is contrasted with that of the EU, showing the difference both in theory and in practice, of operational behaviour and technical design choices in the two regions.

The paper places Japan’s approach within legal pluralism, analyzing how national systems lead to the development of legal obligations that interact with international frameworks. This discussion’s objective is to contribute to the establishment of more effective space debris governance frameworks globally.

As a critical institutional arrangement for China’s border governance, the realization of legal equity in the border residents’ trade policy is inherently tied to the specificity of border space. From the perspective of legal geography, this paper examines the equity realization mechanisms of the policy, grounded in practices from the China-Myanmar and China-Laos border regions. Findings reveal that the policy, through differentiated rights allocation based on "border resident identity" (granting permanent residents within 0–20 kilometers of China’s land border a daily tax-free allowance of 8,000 yuan per person), is essentially a "spatial justice" response of law to the specificity of border space, aiming to bridge the development gap between border areas and inland regions.
However, in practice, the "border resident identity-border space" splice has been utilized by multiple stakeholders, with chief beneficiary gradually shifting from border residents to domestic and foreign cargo owners and other parties. This has resulted in a misalignment between legal subjects (border residents) and actual beneficiaries, triggering equity imbalances. In response, the policy promotes rebalancing through a dynamic adjustment mechanism: on the one hand, regulating market order with rigid measures such as strengthened supervision and combating smuggling; on the other hand, by using flexible methods such as moving physical transaction processes to online spaces, effectively eliminating information imbalance, thus ensuring transparency of border residents' income, compliance of market entities, and the order of national tax collection.
In summary, the legal equity of the border residents’ trade policy is essentially a dynamic outcome of interactions between space and law. Through the benign interaction between law and space, the multiple equity objectives of "increasing border residents’ income, ensuring entity compliance, and maintaining border stability" will ultimately be achieved.

Have you ever posted an aesthetic picture using your favourite music in the background and received a warning about IP-sensitive content or a copyright infringement warning? While the innovative adaptation of digital tools increases creation, it also causes high levels of IPR infringement due to quick and easy access. Limited territorial protection of I.P. rights, expensive enforcement and registration mechanisms, and unavailability of adequate legal advice & awareness are the crucial roadblocks in unlocking the total potential commercial value of the creation for their respective creators.

The availability of varied dispute resolution mechanisms by I.C.A.N.N. and W.I.P.O. has proven to be a massive success in recent times, especially in catering for the complexities related to I.P. rights, such as domain name disputes and commercial licensing disputes.

Recent developments in the dispute redressal mechanism show great potential for resolving the Intellectual Property Infringement dispute, paving the way for more vigorous enforcement under the IPR regime. Technological advancement in various digital and AI tools, including but not limited to ODR platforms, Data Analytics, data-driven reports for easy decision-making, pattern tracking, etc., contains the potential to streamline the IPR dispute resolution mechanism to increase its strength and efficiency by lowering the cost and increasing access.

This paper is an attempt to analyse the applicability of the evolving Indian dispute resolution mechanism for resolving IPR disputes using AI tools. It will also compare the new-age resolution models adopted by other foreign jurisdictions to cater to IPR disputes. This paper will conclude by providing various suggestions and potential models best suited for Indian needs to deal with the increasing menace of I.P.R. infringement using new-age tools.

Government lawyers, particularly those working for local governments such as cities and countries, remain a surprisingly unexplored area in the study of legal professions, despite their deep engagements in local governance and their expected role of upholding the rule of law within the government.
This presentation explores the pivotal role of government lawyers in shaping public policy and interpreting the law, with a particular focus on local government attorneys. While lawyers have long been recognized as key players in influencing the law, there is a notable gap in the literature examining the contributions of lawyers within government, especially at the local level. By drawing on interviews with city attorneys from Japan and the U.S., this study provides a U.S.Japan comparative analysis of how government lawyers navigate the structural, cultural, and political landscapes of their respective countries. Despite the differences in legal frameworks, this comparison reveals essential aspects of government lawyers’ roles, responsibilities, and challenges in democratic societies. The presentation will highlight the ways in which these attorneys balance their legal duties with organizational demands, ultimately shedding light on their unique influence within public bureaucracies.

Judicial review of administrative actions remains a relatively young and evolving field in Vietnam, a country with a socialist legal system. In the context of global constitutionalism and the widespread influence of the doctrine of precedent (stare decisis), Vietnam officially recognized precedents as a source of law in 2015. This article focuses on administrative precedents—those derived from administrative litigation cases—in Vietnam. Administrative precedents represent a unique category, shaped by the characteristics of administrative law and the mission of administrative litigation law. Administrative precedents embody the characteristics of precedents in Vietnam - a new and distinct form of precedent compared to the doctrines of precedent in Common Law and Civil Law systems. These characteristics are shaped by the political regime under the leadership of the Communist Party of Vietnam, the requirement for legality in a socialist rule-of-law state, and the principle of democratic centralism.
By analyzing four currently effective administrative precedents in Vietnamese administrative litigation, from a comparative perspective with various Common Law and Civil Law jurisdictions, the article uncovers the underlying philosophies behind the development of administrative precedents in Vietnam. It also raises two critical questions: (i) Over nearly a decade, what values have administrative precedents contributed, and how effectively have they been applied in judicial practice in Vietnam? (ii) What key objectives should Vietnam pursue to address fundamental challenges in the development and application of administrative precedents? The authors highlight the significant impact of administrative precedents in enhancing the effectiveness of state power control. This study further suggests foundational issues for the future development of administrative precedents in Vietnam.
Keywords: socialist rule-of-law state, socialist precedent, administrative precedent, administrative litigation, judicial review, law and politics

Extremism poses a serious challenge to Indonesia’s diversity and national stability, including within higher education institutions. This study aims to evaluate the legal framework governing the prevention of extremism in universities and examine its implementation at Brawijaya University as a case study Based on data from the National Counter-Terrorism Agency (BNPT), Universitas Brawijaya is one of the universities with the highest number of students exposed to radical terrorism ideologies or affiliated with radical terrorist groups. Using a socio-legal research method with a digital ethnography approach, the study draws on both primary and secondary data sources. Findings indicate that although several laws and regulations—such as the National Education System Law, the Higher Education Law, and the Presidential Regulation on the National Action Plan for Preventing Violent Extremism—have been established, they remain general and lack specific provisions addressing extremism prevention in higher education. Brawijaya University demonstrates a strong commitment through the issuance of rector regulations, integration of Pancasila values into the curriculum, implementation of nationalism-based student orientation (PKKMB), and partnerships with external bodies such as the Densus 88 counterterrorism unit. However, the absence of a dedicated institutional body to address extremism prevention represents a significant gap that hinders effective implementation. Therefore, the establishment of a specialized unit within each university is urgently needed to strengthen preventive efforts and ensure a safer academic environment.

Unresolved maritime boundaries—commonly referred to as “grey areas”—pose persistent legal and strategic challenges for Indonesia, particularly in zones like Tanjung Datu, where maritime claims overlap with Malaysia under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This paper introduces the GRIHAM-LAW (Grey Area Integrated Maritime and Homeland Law Enforcement and Watch) model as a conceptual and operational framework to address these challenges. Using doctrinal and normative legal analysis, the study explores the structural ambiguity in Indonesia’s maritime border governance, focusing on legal inconsistencies, unclear baselines, and divergent interpretations of entitlements under international law. These complexities have created jurisdictional vacuums that hinder effective law enforcement, open space for illegal activities such as unauthorized fishing and smuggling, and exacerbate tensions in bilateral relations. The GRIHAM-LAW model emphasizes integrated maritime and homeland surveillance, provisional enforcement arrangements, and joint monitoring mechanisms to mitigate risks while promoting legal certainty. Drawing on comparative regional practices and Indonesia’s own multi-agency maritime governance experience, the paper offers policy recommendations aimed at strengthening enforcement coordination, building trust, and protecting national interests without violating international obligations. Ultimately, this model advocates a pragmatic, law-based approach to grey area management that bridges the gap between sovereignty assertion and cooperative regional order.

Japan is of two minds on the rise of Artificial Intelligence. The government recognized the country was a late starter and wanted to catch up. The Prime Minister met with Mark Zuckerberg and Sam Alman in 2023. In 2024, OpenAI opened its first Asia office in Japan. A government panel has interpreted the Copyright Law to allow liberal use of copyrighted material for the training of AI systems (in other words, for AI learning). That practice is still a matter of contention in the United States.

On the other hand, creators and entertainment companies have expressed concern that AI will enfeeble them. In particular, manga, anime, movies, and games have contributed mightily to the coffers of the country and enhanced its soft power. If a permissive attitude toward AI training leads to a decline in the contents industry, the government will have sacrificed a proven economic and cultural resource for the possibility of greater returns from a new one.

The legal profession in China is increasingly embracing technology. Since the 2010s, a new type of law firm, commonly known as “internet-promoted firms” (IPFs), has emerged as a significant force, particularly in areas such as debt collection, personal injury, and labor disputes. These IPFs typically collaborate with online platforms and legal consulting companies, entities that are not regulated by the bar association or the justice bureau, to market their services through search engines like Baidu and popular apps such as Douyin and Xiaohongshu. The lack of stringent regulation on these practices has led to problems such as unfulfilled promises to clients, fraudulent or exaggerated credentials, and irresponsible representations. Furthermore, the rise of IPFs has considerably driven down the prices of individual legal services, eliciting numerous complaints from traditional law firms. This trend has also depressed the salaries of early-career lawyers and exacerbated their already challenging working conditions.

This article reappraises Jean Carbonnier’s Sociologie Législative as a resource for understanding the legislative process in Indonesia. One of the leading figures of French legal thought, Carbonnier considered the law not a closed, rationalist system, but a social practice enmeshed in cultural and moral conditions. His Sociologie Législative theory views law as the result of social negotiation and informal influence (infra-droit), as opposed to a technical or politically neutral mechanism.
However, even though it has been the seminal writing on continental legal thought, notably but not limited to French thought, Carbonnier’s work is hardly yet explored in Anglophone scholarship and entirely unnoticed in the Indonesian legal literature This linguistic and geographical gap is unfortunate, especially given the structural similarities between the Indonesian and French legal systems, both rooted in civil law traditions that prioritize legislation as a primary legal source. Yet, the Indonesian setting is also uniquely complex: legal pluralism, competing religious and customary norms, and the fragmented nature of the state.
This study explores how Jean Carbonnier’s Sociologie Législative conceptualizes the legislative process, how it differs from other socio-legal theories, and to what extent it can be meaningfully applied to Indonesia’s plural and postcolonial legal context. It also examines the theoretical and practical challenges of adopting a European framework in a setting shaped by religious, customary, and political negotiations. Methodologically, the researcher applies a doctrinal-comparative approach by examining acts, explanatory notes, and judicial decisions as well as by exploring critical literature in legal theory. It suggests that a return to Carbonnier’s legislative sociology may provide new insights as to how legal norms are contested in Indonesia, as well as what a re-contextualization of such a theoretical tool in the context of the current complex legal world requires.

China’s modern petition system (xinfang) is a distinctive governance mechanism often described as a “pressure release valve” for managing social conflicts. This paper explores how the system reflects the traditional Chinese philosophy of “balancing tension and relaxation” and the “parent-official” (fumuguan) ideal. By tracing its historical roots, analyzing its contemporary functions, and evaluating its impact on social stability and the rule of law, this study highlights the system’s dual role as both a stabilizer and a challenge to modern governance. Drawing on scholarly research and recent reforms, the paper proposes ways to integrate the petition system into China’s evolving legal and administrative framework, balancing traditional flexibility with contemporary legal norms.

In China’s current governance of irregular migration, administrative authorities operate primarily through “living law,” despite the presence of formal statutes. Statutory texts such as the Exit-Entry Administration Law and the Regulations on the Administration of the Entry and Exit of Foreigners provide only broad legal frameworks. In practice, enforcement relies on a patchwork of regulations and administrative policies issued by the Ministry of Public Security, the National Immigration Administration, and local governments—such as the Work Regulations on Repatriation Institutions for Illegal Migrants, the Public Security Regulations on the Hotel Industry, and local action plans targeting “foreigners involved in illegal entry, illegal residence, and illegal employment.” These instruments form an efficiency-oriented yet procedurally deficient system of governance, reflecting a structural condition of “absent law.”

Drawing on the socio-legal theory of “absent law,” this paper analyzes how China governs irregular migration through a functionally autonomous but legally subordinate order—an institutionalized system composed of administrative rules and policy instruments that, while grounded in law, operate with limited procedural oversight.

While this system enhances short-term administrative capacity, it generates three categories of risk: (1) institutional risk, as heavy reliance on sub-statutory norms may blur rule-based governance and divert attention from the core principles of statutory law; (2) rights-based risk, as limited access to remedies and challenges in securing substantive relief reveal structural gaps in procedural justice; and (3) reputational risk, as opaque enforcement may undermine judicial credibility and harm China’s international human rights image.

By examining this configuration of legal marginalization, the paper argues that although statutory law offers a principled framework, irregular migration is largely governed through sub-statutory rules and policy guidelines—creating a system where law exists in text but is functionally displaced by administrative norms in practice.

The Special Region of Yogyakarta is known as a region with cultural distinctiveness and a unique government system, where the Yogyakarta Palace (Keraton Yogyakarta) remains a symbol of power and a cultural center. One of the important entities in the cultural and administrative structure of the Yogyakarta Palace is the “Abdi Dalem” - traditional employees who serve the Sultan. In the context of Yogyakarta's specialty, the “Abdi Dalem” act as custodians of cultural heritage as well as technical executors of traditional government. However, until now, the existence of “Abdi Dalem” has not fully obtained legal certainty regarding their rights as workers, especially in the aspects of wages, social security, and employment status. This research aims to analyze arrangements, practices, constraints, and formulate regulatory recommendations to strengthen legal protection of the employment rights of “Abdi Dalem”. The main objective is to develop a contextual and adaptive legal protection model, which is able to bridge the cultural values of the Palace with the fulfillment of workers rights properly. The method used is an empirical/sociological juridical approach, with data collection techniques in the form of literature review, field studies, and document analysis. Through this approach, it is hoped that a comprehensive understanding of the factual conditions of the “Abdi Dalem” will be obtained, as well as formulating legal formulations that are inclusive and equitable.

Keywords: “Abdi Dalem”, Yogyakarta Privilege System, Employment Rights, Labor Law,

Over the past two decades, Japan’s legal profession has experienced significant growth in lawyer numbers, yet this growth has been concentrated in metropolitan areas such as Tokyo and Osaka. In contrast, many regional bar associations have seen a sharp decline in new lawyer registrations, with 13 associations averaging fewer than two new members annually in recent years. Simultaneously, Japan is facing a dramatic demographic shift: by 2045, its population will have declined by over 20%, with more than 35% aged 65 or older, and a significant increase in elderly living alone—especially in rural areas.
This paper analyzes how such demographic and geographic imbalances will affect legal service availability across Japan by 2045. Based on population forecasts by the National Institute of Population and Social Security Research and lawyer population simulations by the Japan Federation of Bar Associations, I propose three scenarios for regional lawyer distribution. Even under the most optimistic model, certain prefectures will face dire shortages, with each lawyer theoretically responsible for over 7,000 residents—many of whom are elderly and legally vulnerable.
Contrary to the assumption that population decline reduces legal demand, I argue that legal needs will diversify and intensify, especially in elder law, estate planning, preventive legal services, and public law issues involving municipalities. To address these challenges, this paper advocates for a multi-layered strategy involving the deployment of public-sector lawyers (e.g., Japan Legal Support Center’s staff attorneys), stronger coordination with local welfare networks, legal technology platforms, and rational restructuring of regional bar associations.
The paper underscores the urgent need to shift from an individual responsibility model to an institutional one, ensuring that legal professionals remain a central component of Japan’s social infrastructure in an era of demographic transformation.

This research investigates the impact of authoritarian institutional change on judicial behavior by analyzing the 2020 imposition of the National Security Law (NSL) in Hong Kong. As a sudden and exogenous intervention by Beijing, the NSL offers a rare quasi-experimental opportunity to study institutional influence within an otherwise open legal system. The study leverages a unique dataset of criminal case rulings from 2016 to 2023, encompassing both political and non-political cases. We focus on changes in judicial punitiveness and alignment with prosecutorial preferences, examining whether judges have shifted behavior in response to new political pressures. Key explanatory variables include judges’ career profiles, training backgrounds, and generational cohorts, while outcome measures track sentencing severity, prosecutorial alignment, and post-NSL judicial career trajectories.

Innovatively, the project employs large language models (LLMs) for structured extraction of legal actor identities, charges, and sentencing information from unstructured court documents. This facilitates a rigorous quantitative analysis of institutional change effects on judicial outcomes. By isolating the NSL’s impact, this study contributes to broader debates on the resilience of common law institutions under authoritarian pressure and enhances our understanding of how legal systems adapt—or capitulate—when confronted with external political shocks.

There are common complains among authors in China, Japan, Korea and other major Asian economies that copyright law results in an insufficient level of remuneration. The situation is deteriorating in the digital age, despite the internet fosters a larger cultural industry and bigger audiences, most authors reflect they receive fewer license requests and copyright royalties than that of paper publishing. It is not merely a financial issue, behind this result is a multiple causation puzzle: the unfair distribution of income among various stakeholders in copyright ecosystem, the challenges to find the authors of massive online “orphan works”, the widespread infringement especially “private copying”, the almost stagnant international licensing framework. All of them indicate the current copyright cannot balance fostering innovation and protection of creators, it is urgent to rethink copyright law systematically.

Creativity is the core of copyright, to foster sustainable and high-quality cultural products under the impact of rapid technological advancement, a author-friendly copyright system should be implemented. Specifically, first, constructing a digital copyright database and reorganize automated intermediaries - publishers or collective societies - which may be costly but worthy, for identifying orphan works and delivering clear signals about trade in a one-click machine-to-machine process. Second, enhancing the proportion of author’s remuneration in overall income generated from cultural activities, particularly for the individual creators. Considering the pervasive infringements and looser exceptions in digital age, collective societies should priorities the protection of author’s interest. Third, establishing an international cross-licensing institution, which would provide an easier way to negotiation, search orphan works and provide remedies in different countries. A similar system supported by WIPO among African countries and successful management of domain names are valuable models for Asian countries.

"Capital Drug Laws in Asia" was published by Cambridge University Press in July 2025. The book offers a critical examination of the laws and policies governing the control of illicit drugs in various Asian jurisdictions. It focuses particularly on the strategies employed to address drug-related offences, with a special emphasis on the use of the death penalty. A range of jurisdictions—especially in Southeast Asia—have been deliberately selected to highlight the diversity of approaches within the “war on drugs” debate.

Key areas examined include the use of criminal law to combat drug offences, the motivations behind drug offenders, public support for punitive sanctions, the structure and interpretation of relevant laws, procedural rights of the accused, the use of mandatory versus discretionary sentences, and the imposition of the death penalty.

Six contributing authors will present the main themes of their respective chapters as well as offer their reflections, updates, and insights drawn from their ongoing research related to the book’s central themes.

Despite Indonesia’s formal regulatory framework banning tobacco and electronic cigarette advertisements on digital social media platforms, enforcement remains weak. This paper examines how the Free Net From Tobacco (FNFT) coalition, a grassroots digital advocacy movement, mobilizes community action to influence policy change within Indonesia’s evolving tobacco control landscape. Employing a qualitative case study approach and community-based storytelling, the study draws on multiple data sources: regulatory document analysis (Health Law No. 17/2023, PP No. 28/2024, and the ITE Law), observational data from ministerial-level meetings with the Ministry of Health and Kominfo, online petition documentation, policy briefs, and citizen-reported monitoring data on digital tobacco advertisements. Data were analyzed using Thematic Analysis following Braun and Clarke’s six-phase framework. Findings reveal three major advocacy strategies. First, digital platform mobilization, where FNFT utilizes Instagram to engage the public, disseminate anti-tobacco narratives, and collaborate with CSOs and academic institutions to broaden message reach. Second, strategic coalition building, as FNFT partners with public health NGOs, academic networks like Universitas Siber Muhammadiyah’s Tobacco Control Unit, and legal advocacy groups such as PBHI Indonesia to strengthen policy communication and advocacy impact. Third, media engagement as a pressure tool, where FNFT organizes media briefings involving journalists, influencers, and policymakers to generate public discourse and accountability regarding the enforcement of digital tobacco advertising bans. This study underscores the critical role of grassroots digital advocacy in shaping tobacco control policy agendas in Indonesia, especially in contexts where political commitment to regulation remains fragile. The findings contribute to the broader understanding of how community movements leverage digital tools, multi-sectoral partnerships, and media framing to bridge the gap between regulation and enforcement in public health governance.

This paper examines how litigation is contributing to the ongoing dynamics of Japan’s energy transition by compensating for weak procedural justice and limited public participation in policymaking. Focusing on two current cases—the Rokkasho reprocessing plant (pending) and the Kobe coal-fired power plant—the analysis contrasts nuclear and thermal energy governance to explore how citizens and lawyers mobilize courts to challenge the lack of transparency in the decision-making, constrained deliberation, and technocratic lock-in. Drawing on environmental justice theory, particularly the procedural dimension, the paper argues that litigation in Japan is not merely reactive but constitutive of a form of environmental citizenship—where judicial spaces enable civic voice, intergenerational claims, and democratic accountability in an otherwise closed policy environment.

The economic development model that Bangladesh has pursued soon after its independence over fifty years ago prioritized export oriented industrial development courting foreign investments at the expense of promoting domestic economies including sustainable rural agriculture regardless of whether those investments benefit Bangladeshis. This article posits that Bangladesh’s economic development is only possible through a genuine agricultural revolution, as was contemplated at the time of its independence, that was thwarted by structural adjustments policies of the International Monetary Fund (IMF) and World Bank and its sole focus on export-oriented industrialization. Bangladesh remains an agrarian based economy, with over 40% of the population engaged in farming. As an alternative to Bangladesh’s future, this article offers agro-ecology as a sustainable economic development framework for Bangladesh which is consistent with its constitutional protections for peasants and agriculture as well as the guaranteed right to a livelihood. An ecological based agrarian policy also has the potential to address gendered labor roles that displace rural women workers to urban areas in service of export-oriented industries. Finally, this article offers Nayakrishi Andolon, New Agricultural Movement as an empirically proven pathway towards an equitable and ecological future.

"Memory law" refers to a body of legal norms and practices that seek to institutionalize the remembrance of historically significant events, with the aim of shaping and preserving the collective memory of a nation or its people. Prior studies have classified memory laws according to their functions or objectives, distinguishing between:
(a) Laws that stipulate criminal penalties for expression that deviates from the official interpretation of significant historical events, and
(b) Legal frameworks designed to preserve the memory of specific historical events without the imposition of criminal sanctions.
Subsequent research has further categorized memory laws into self-inculpatory and self-exculpatory types. Existing scholarship has primarily focused on the legitimacy of institutionalizing historical memory, the actors responsible for this process (e.g., legislatures, courts, historians, or society at large through the "marketplace of ideas"), as well as the methods used to establish official narratives.
The objective of this paper is to identify and analyze instances of memory law within Japan's legal system using the analytical frameworks developed in previous studies. Through this analysis, the paper seeks to offer insights into the future trajectory of memory law in Japan.

The legal age of candidacy acts as a barrier that prevents youth from participating in politics as representatives. In Japan, the candidacy age has been relatively high compared to other countries: 25 years old for most elections and 30 years old for elections to the House of Councilors and for prefectural governors. The candidacy age has become a widely debated issue worldwide in recent years. Although there had been little discussion in Japan about lowering it, judicial and political attention to this issue has recently begun to emerge. Despite the growing interest, there is a lack of empirical research—both in Japan and in other countries—on how voters perceive the candidacy age and youth politicians. What do voters think about very young politicians?
To address this question, I conducted two original surveys. The first survey directly asked 3,515 Japanese citizens whether they support lowering the age of candidacy. The second survey employed an experimental design, presenting respondents with various fictional politician profiles to assess how a candidate’s young age influences respondents’ preferences. The findings from these surveys suggest that the Japanese public does not really support the current candidacy age thresholds of 25 or 30. Rather, there appears to be significant public support for lowering the age of candidacy. Notably, support is even stronger among young respondents (aged 18–29)—those most directly affected by the current age restrictions.

I will be presenting the main theme of my chapter in the book as well as offer my reflections, updates, and insights drawn from my ongoing research related to the book's central themes.

I will be presenting the main theme of my chapter in the book as well as offer my reflections, updates, and insights drawn from my ongoing research related to the book's central themes.

A key issue in both the theory and practice of Chinese tax administrative litigation is whether courts, in light of the tax authorities' inherent advantages in professional expertise, information access, and procedural execution, grant them judicial deference on a universal basis. Based on a quantitative analysis of 391 tax administrative judgments, this study finds that while courts uphold the actions of tax authorities in nearly 70% of cases, the application of judicial deference is not monolithic. Instead, it is significantly influenced by variables such as the nature of the dispute, the hierarchical level of the tax authority, the outcome of administrative reconsideration, and the monetary amount at stake. A binary logistic regression model reveals that courts are significantly more inclined to defer to the tax authority's judgment in cases involving purely factual disputes, decisions made by higher-level authorities, or actions upheld after administrative reconsideration. Conversely, the higher the monetary amount at stake, the more likely the court is to intensify its substantive review, demonstrating a greater emphasis on the protection of taxpayer rights. Nevertheless, this research confirms that tax authorities hold a relatively dominant position in administrative litigation. Therefore, to achieve comprehensive protection of taxpayer rights, it is necessary to enhance specialized tax adjudication mechanisms, clarify judicial review standards, and introduce a 'penetrative adjudication' approach.

Thailand’s rich biodiversity and deep-rooted traditional knowledge provide a strong foundation for the development of Geographical Indications (GIs), which link distinctive local products to their specific geographic origins. GIs are recognised as community rights, ensuring equitable benefit distribution and strengthening local identity. The importance and benefits of GIs have attracted considerable attention from the Thai government, making Thailand one of the leading ASEAN member states in strengthening GI protection. Thailand has a sui generis Geographical Indications Protection Act, adopted in 2003, which entered into force in 2004. As of January 2025, Thailand has registered 247 GI products, including 224 domestic GIs that cover all 77 provinces, achieving the goal of at least one GI per province. Additionally, nine Thai GI products have gained international recognition through registration in seven foreign jurisdictions, including the European Union, reflecting growing global appreciation for Thailand’s unique products.

GIs serve as powerful tools for sustainable development by enhancing economic opportunities, preserving cultural heritage, and supporting environmental stewardship. GIs address the three core dimensions of sustainability, namely, economic, social, and environmental, by fostering rural development, attracting investment, boosting tourism, and creating employment. In Thailand, GIs empower communities by reinforcing local identity, promoting equitable benefit-sharing, and supporting community-led development. This results in increased income, cultural heritage preservation, and environmental conservation, advancing Thailand’s commitment to the Sustainable Development Goals (SDGs). Therefore, this study aims to explore the development of GIs in Thailand, highlights key achievements, and examines challenges and opportunities for leveraging GIs as strategic tools for sustainable development. The findings contribute to understanding how GIs can promote economic, social, and environmental aspects of sustainability in Thailand and outline possible paths forward for strengthening the role of GIs in advancing the country’s long-term sustainability goals.

Currently, we are going through a process where regulation is being devolved to the private sector. Contracts are increasingly being used as a tool to regulate social relationships. Scholars comment that social regulation is moving toward a regulation without government era, especially in advanced industrial democracies. Among the private entities, insurers have long been involved in successful regulation regarding tort misconduct. For example, in America, evidence shows that liability insurers play a positive governance role in regulating the misconduct behaviors of private actors such as gasoline tank owners and public actors like police. In Canada, automobile insurance is regarded as a social contract that regulates automobile disputes to safeguard public interests.
China’s society is also delegating governance responsibilities from the government to the private sector, with insurers leading the way in this transformation. As for the existing scholarship, governance by insurance is not a novel research topic in developed democracies. Many scholars, such as Tom Baker, John Rappaport, and Timothy D Lytton, have already established a theoretical framework to evaluate and investigate regulation by liability insurance based on their developed insurance market conditions. Empirical research is also conducted in various fields. In contrast, the theoretical and empirical research on regulation by liability insurance in China’s context is insufficient. Few scholars have researched this field recently, but these studies have significant limitations.
This research investigates the theoretical considerations of regulation through liability insurance, establishing conceptual groundwork bridging theory and empirical research in this field. Building on prior research, this paper intends to advance a China-specific theoretical framework for regulation by liability insurance. The proposed framework will contribute to exploring the regulatory role of liability insurance in China and enrich broader theoretical discourse in this field.

This paper proposes and engages in an exploratory study of the real life impact of the “one-person, one-vote” rule in constitutional politics.
The “one-person, one-vote” rule originated in U.S. Supreme Court decisions in the 1960s, and has been imported into Japanese constitutional politics in the following decades. It is one of the rare fields in which the Japanese courts (including the Supreme Court) have taken an active stance in the application of judicial review, and has resulted in a tug-of-war between the judicial and legislative branches over the extent to which the electoral system has to be modified to abide by this rule. With each national election new lawsuits are filed, and electoral representation has been considerably altered as a result of such litigation and the rulings. Despite this, neither the real-life impact of this doctrine, nor the process of litigation (of who is bringing this litigation, how, and to what effect) has been studied in depth.
The paper will first review the origin and application of this rule in the U.S. and Japan. Then it will discuss how this has resulted in a series of electoral reforms in Japan, especially in the reallocation of seats from rural to urban areas. The author then proposes a framework for studying the real-life impact of such changes in electoral representation. In particular, within the context of accelerating demographic shifts, the author will examine the impact of changes in electoral representation to the most rural parts and the most urban parts of the country. Ultimately the author is concerned with whether a mode of representation solely based on the size of the population truly represents the voices of people across Japan. This impact study will form a basis for such a critical inquiry.

Indonesia’s anti-terrorism law, Law No. 5 of 2018, was enacted in response to a series of suicide bombings and armed attacks and carries significant implications for the country’s legal system and approach to national security. One of the most critical changes introduced by this law was the inclusion of a ‘motive element’ in the definition of terrorism, specifically an ideological, political, or security disturbance motive. Through a comparative analysis of three jurisdictions that have led the trend towards defining terrorist acts by reference to motivation – the United Kingdom, Canada, and Australia – this paper examines the consequences and ongoing controversy of terrorist act motive requirements to reveal key arguments for and against such inclusion. This analysis reveals that the advantages of including a motive element – generally, and particularly in the Indonesian context – are minimal. Conversely, potential problems include legal uncertainty, inconsistencies with international law, and infringements of human rights. More fundamentally, the inclusion of a motive element heightens the risk of terrorist offences being misapplied to prosecute peaceful political protests and politically motivated actions, such as movements for self-determination, amidst Indonesia’s political diversity. On this basis, this paper recommends repealing the motive element from Law No. 5 of 2018.

I will be presenting the main theme of my chapter in the book as well as offer my reflections, updates, and insights drawn from my ongoing research related to the book's central themes

I will be presenting the main theme of my chapter in the book as well as offer my reflections, updates, and insights drawn from my ongoing research related to the book's central themes.

Bangkapos.com dated May 14, 2025 provides information about illegal mining on Bangka Island. The news entitled "Illegal Mining Activities Are Rampant Again in the Selindung Bangka Barat Watershed After the Clean-up" seems to provide an illustration that the situation on Bangka Island is indeed chaotic. This complexity should be a shared concern for the Bangka community. The reason is clear that this is not enough just studies conducted by academics and not enough just with the clean-up carried out by law enforcement officers to eliminate illegal mining from the land of Bangka. Furthermore, this is related to the lack of understanding that true happiness is not only a matter of material but more about inner peace and freedom from pain that may not be understood by the community. The research method used by the researcher is socio-legal.
Epicurus, a Greek philosopher, provides an understanding that ataraxia or peace of mind can only be achieved through freedom from fear and excessive desire. This paradigm is suitable to reflect a society that today reflects a society that is more full of anxiety and greed. In order to achieve ataraxia, Epicurus explained that simplicity is one way to achieve ataraxia. With humans increasingly understanding the importance of maintaining simplicity and setting aside luxury in the form of mirages alone, the existence of the environment in which they live will also be maintained. Humans are no longer greedy in exploiting the environment in which they live. Humans are expected to be able to maintain their lives in harmony with nature. The ultimate goal of this understanding is to achieve environmental balance, tin producing island namely Bangka Island.
Kata kunci: Ataraxia and the Environmental Balance of Tin-Producing Islands

This study examines perceptions of China’s People’s Congress system through 2021 fieldwork (38 citizen and 3 delegate interviews), revealing a paradox in legal consciousness. While citizens broadly affirm the system’s institutional legitimacy, they demonstrate minimal interest in or knowledge of electoral procedures. This disjuncture reflects a contradictory configuration where legal recognition coexists with procedural disengagement.

Citizen respondents, often lacking civic education, validated the system’s functional legitimacy within centralized governance, yet exhibited conceptual ambiguity regarding electoral mechanisms. Grassroots delegates described operational autonomy mediated through bureaucratic channels, not electoral accountability. This bifurcation suggests electoral legitimacy in China is sustained not by participatory processes but by state-authored ethical and developmental narratives. Non-voting rarely signified institutional rejection; instead, legitimacy derives from symbolic alignment with state discourses on virtue and harmony.

Theoretically framed by Unger’s dialectic of legal universality/particularity, the analysis identifies a culturally specific formal equality detached from liberal proceduralism. Here, equality manifests not as active legal agency or procedural awareness but as symbolic recognition of fairness within hierarchical moral orders. Legal consciousness is thus shaped by embedded ethical expectations and state developmentalist discourse, internalized through belief systems. Notions of justice and legitimacy emerge from culturally mediated understandings of moral authority, not direct electoral engagement.

Consequently, "formal equality" in this context—descriptively, not pejoratively—denotes a framework where institutions derive legitimacy from conformity to state virtues (e.g., social harmony, developmental efficacy), not abstract rights or participation. This reconfiguration challenges liberal paradigms, demonstrating how legal consciousness and equality can operate through ethical imaginaries rather than procedural norms.

“Public order and good morals” remain an important principle in the regulation of broadcasting content in Taiwan. However, the concept of “public order and good morals” is dynamic and subject to the evolution of social thoughts and generations. Drawing on the empirical legal research approach, this study examines the consistency of administrative law decisions in violation of “public order and good morals” from 1998 to 2024. The findings reveal that the breach of the broadcast act shifted from terrestrial to satellite broadcasting due to legal and regulatory changes following technological advancements. The results also show that broadcasters are more likely to challenge the decision made by the National Communications Commission (NCC), which is responsible for regulating telecommunications and broadcasting services in Taiwan. Based on the analysis of the law decision, the successful rate of broadcasters overturning the NCC decisions has surged from 8.1% (1998-2020) to 40.9% (2021-2024). The increasing rate of overturned decisions raises concerns about the rigor of the NCC’s regulation on sexuality, violence, and unverified facts, which are highly subjective and vary across perspectives. This study suggests that enhancing legal clarity and administrative precision is important to safeguarding broadcasting freedom and fostering the development of the media industry.

This research examines the complex relationship between Housing, Land, and Property (HLP) rights and transitional justice in Indonesia from the fall of Suharto in 1998 to 2024. During the initial stages of this transition, the need for transitional justice regarding HLP rights was recognized in the 1998 constitutional reform agenda. This was solidified when the People's Consultative Assembly adopted Resolution No. IX/2001 on Agrarian Reform and Natural Resource Management. However, issues related to HLP rights have remained contentious and largely unresolved.

This study investigates how attempts to address past injustices concerning HLP rights have succeeded or failed in alleviating grievances. It highlights both the symbolic and material aspects of justice in HLP claims, focusing on community-led advocacy aimed at rectifying past injustices related to customary land rights in Indonesia. Furthermore, this research explores how efforts to remedy these past injustices are impacted when the state halts or is unable to enforce transitional justice mechanisms. It also examines the tensions that arise between grassroots demands and state-led development agendas in the policymaking process surrounding transitional justice.

As an early stage of a Ph.D. research project on this topic, this paper will primarily focus on providing a literature review on the topic and will employ doctrinal research to analyze existing laws, regulations, and jurisprudence relevant to the legal framework, mechanisms, and institutional design of transitional justice concerning HLP rights in Indonesia. The findings emphasize the necessity for inclusive, culturally sensitive, and participatory frameworks that integrate HLP concerns into transitional justice processes.

Legislation is the cornerstone of governance—it not only codifies societal norms and structures but also delineates the boundaries within which public life unfolds. Although legal texts are often seen as universal instruments intended for every citizen, a closer examination of the legislative process reveals that they are rarely addressed to an undifferentiated audience. Instead, lawmakers craft these texts with a specific “ideal‐typical” addressee in mind. This paper interrogates a fundamental question: for whom should legislation truly be written?
Drawing upon the theory of participatory democracy, the analysis challenges the conventional assumption of universal accessibility. Participatory democracy upholds transparency, inclusiveness, and active citizen engagement in shaping policy—ideals that suggest legislative texts should primarily address the general audience. Yet, as legal frameworks have grown more complex, the practice of legislative drafting has increasingly shifted toward a technical approach that demands specialized expertise. This evolution raises a metaphorical question: in pursuing the ideals of participatory democracy, should legislative drafting be systematic, precise, and in unambiguous language—or have a narrative style and everyday language that render the law more accessible and meaningful?
To address this issue, the paper is organized as follows. Part One examines the ideal-typical audiences of legislative texts and the implications of their distinct informational needs. Part Two explores how a functional approach—focusing on the intended regulatory impact—should guide the selection of a default addressee, particularly regarding the distinction between legislative outputs and outcomes. Part Three investigates the interplay between technical legal language and participatory democratic ideals, and Part Four considers legislative drafting as a dual process: prescriptive for the legal community and informative for the broader public, highlighting how supplementary materials can bridge the gap between legal precision and public comprehension.

I will be presenting the main theme of my chapter in the book as well as offer my reflections, updates, and insights drawn from my ongoing research related to the book's central themes

This paper seeks to provide conceptual and empirical justifications for conducting civil servant disobedience to curb bureaucratic pathology. Various civil servants have long complained about facing illegal instructions from their superiors. It is a recurring problem in many places in Indonesia. Thus, the problem shall be seen as a bureaucratic pathology rather than a maladministration. As reporting them to legal enforcers may be too risky, the disobedience can be done by refusing to cooperate with superiors who give illegal instructions. The term 'superiors' here focuses on positions in government held by politicians, temporary positions obtained through elections, i.e., President, Governor, Mayor, Regent, or temporary political positions given through appointment to a particular person, such as a Minister. There are four arguments to conduct bureaucrat disobedience. First, the conceptual justification long rooted in civil disobedience can be adapted to bureaucrats. Second, legal justification dictates that civil servants' loyalty is not to their superiors but primarily to society and the law. Third, cost and benefit analysis based on several court decisions revealed that the benefits to bureaucrats of following illegal instructions from politicians are not worth comparing to the risks and sanctions. Fourth, from a religious sociological perspective, religion requires obedience only to God, not servitude to man or worldly interests. The article also provides several different variants of civil disobedience in Indonesia, which are based on research and respondents. The offered justifications to conduct civil servant disobedience here may be used for the Indonesian context and as food for thought for any country facing similar situations.

This paper will examine the conflicts among interested parties (IPs) in the establishment of renewable energy (RE) facilities, citing some cases in Japan where we find veto/veto-like practices or less/no public participation (PP).
First, this paper will identify procedural environmental rights that we share in the global arena. The environmental rule of law, which appears in part in the Rio Principle 10, the Aarhus Convention and the Escazú Agreement, prescribes three pillars for the protection of environmental procedural rights: the right to information, the right to PP in the administrative process and the right to access to justice. Each government is therefore obliged to provide these opportunities to IPs.
Second, the paper will demonstrate that RE installations cause conflicts between IPs. Each Paris Agreement country is promoting the siting of RE facilities, reflecting its updated energy policy in pursuit of the Nationally Determined Contribution. However, in some cases, the neighbourhood of a large solar panel installation or a series of wind power plants criticises the environmental damage/degradation caused by these newly installed facilities and the lack of satisfactory PP opportunities or difficulties in participation. Traditionally, this type of conflict has been discussed concerning the procedural (and substantive) aspects of siting unpopular public facilities, such as waste disposal sites, under the rubric of “environmental justice”.
Finally, the question will be raised of how we resolve conflicts between IPs. In theory, local neighbourhoods have no veto power without legitimate reasons, while we have participation mechanisms such as environmental impact assessment laws and regulations. However, if this is not properly implemented due to a shortage of resources or less respect for the values of the PP, we need to seriously consider how to deal with these conflicting issues through administrative and judicial remedies in achieving environmental justice.

This paper examines the historical emergence of water rights in Hani society, where terraced rice cultivation forms both a material infrastructure and a moral economy. Unlike the codified logic of state law or the state-evading practices of Zomia highland communities—what James Scott famously called the regions “where states do not climb hills”—Hani water rights emerge from sustained labor and social cooperation, constituting self-organized, evolving social norms rather than legal entitlements.

These water rights are institutionalized through everyday irrigation practices and embedded in a localized governance structure. Rather than fixed ownership, they reflect a composite rights regime shaped by labor-based entitlement, dynamic stratification, and reciprocal cooperation. This regime adapts over time in response to ecological conditions and collective needs, functioning as a flexible mechanism of resource access, use, and allocation within the terraced agricultural system.

Importantly, this study argues that the normative logic of water rights lies not in formal legal property or usufruct, but in how shared labor sustains order through cooperation. By drawing on the Hani community’s experience of water-related contestation, this paper shows how grassroots social norms around water use have, in practice, been absorbed into legislative texts and legal interpretation. This reveals not a binary between law and custom, but an ongoing entanglement where local practices shape formal governance.

Indonesia’s construction sector is expanding rapidly, driven by ongoing infrastructure development and rising urbanization. Alongside this growth, building regulations have evolved beyond traditional safety and usability requirements to incorporate sustainability and technological innovation. Historically, regulations prioritized building reliability through the “4K” framework, which sets standards for safety (keselamatan), health (kesehatan), comfort (kenyamanan), and accessibility (kemudahan) to ensure buildings meet fundamental user needs and protect public welfare. In recent years, however, the government has recognized the need to address broader challenges such as climate change, energy efficiency, and the integration of new technologies in urban development. This has led to the introduction of green building regulations that establish clear criteria and performance standards for energy conservation and minimizing environmental impacts. More recently, smart building guidelines have been developed to encourage digital innovation, system integration, and the adoption of advanced technologies to improve building management, user experience, and overall operational efficiency. By outlining the timelines of these regulations, examining their contents, and comparing their distinguishing features, it is possible to see how Indonesia’s policy framework has progressed from focusing solely on basic reliability toward promoting more advanced, sustainable, and technology-enabled built environments that can meet the needs of a growing, urbanizing population while addressing environmental and technological demands.

Over the past decade, numerous political and socio-legal scholars have voiced concerns about the decline of democracy in Indonesia [Aspinall & Mietzner, 2019; Fealy, 2020; Mujani & Liddle, 2021; Caraway, 2023; Slater, 2023, p. 101]. They often describe this trend as “democratic backsliding.” “democratic recession,” or autocratization. This paper examines the regulation-making practices related to the 2014 spatial planning in Jakarta Province, which were undemocratic until the democratic revision process in 2022. This paper compares the processes involved in creating regulations for zones in 2014 and 2022. The findings are categorised as undemocratic regulation-making because the 2014 Jakarta Governor issued a regulation that endangered the rule of law during its development, reflecting his style as a legalistic autocrat [Scheppele, 2018; Mochtar & Rishan, 2022].
The undemocratic lawmaking process meant that the drafters and authorities excluded all Jakartans from participating as stakeholders when they drafted and promulgated the spatial regulation. The drafting process was closed to the public. The rulers selected stakeholders whom they deemed prominent and who had a development project in the city. This approach led to the exclusion of marginalised urban dwellers, as the authorities did not recognise that the marginalised dwellers had the right to the city.
At the initial step of empirical observation, research teams posed a rhetorical question: for whom is the city of Jakarta? Urban planners and geographers can swiftly answer this by examining the patterns of Jakarta’s landscape. Socio-legal scholars will evaluate the process of spatial regulation-making and its impact on society. This article will describe the regulation process of (re)-making as JPG arranged space, land, water, and rivers.

This study examines how higher education institutions can function as agents of change in the justice ecosystem. Moving on from the idea that access to justice is more than just legal services, this research highlights the transformative role of Hasanuddin University (Unhas) as an institution of higher education. This role goes beyond doctrinal teaching in the classroom and is realized through the synergy between education, research, and community service to provide solutions to the structural barriers faced by vulnerable groups, particularly in the diverse Eastern Region of Indonesia. This research argues that universities are not just ivory towers of knowledge, but active engines of social justice.
This research is an empirical legal research with a structural approach. Data collection will emphasize in-depth interviews with stakeholders to gain a comprehensive understanding by targeting: (1) officials at the Rectorate and Dean levels of the Faculty of Law to understand strategic visions and policies; (2) the head of the Legal Aid Unit as an Academic Support to map the institutional mechanism; (3) lecturers and students who are directly involved in legal aid programs to find out their experiences in the field; and (4) practitioners from external legal aid institutions outside the campus to triangulate and validate findings from an external perspective.
By analysing the interaction between these various elements, this study aims to show how Unhas transformatively affects access to justice. The findings are expected to articulate a model in which higher education consciously integrates the perspectives of marginalized communities into the Tri dharma of higher education, not only producing legal practitioners, but also actively shaping a more equitable and equitable legal landscape. This study will make an empirical contribution to the discourse on how universities in Asia can be a mirror as well as a tool for social transformation.

Digital transformation is increasingly recognized as a crucial element in the fight against corruption in Indonesia, with the goal of fostering greater transparency and accountability within governmental processes. However, the implementation of these digital initiatives is frequently assessed through a limited technocratic perspective, which fails to acknowledge the complexities and challenges posed by deeply rooted informal social norms at the community level. This research undertakes a critical examination of whether e-government efforts genuinely promote algorithmic justice or inadvertently create new avenues for digital impunity. Utilizing a qualitative case study and a socio-legal framework, the study explores the dynamics of how formal anti-corruption legislation is enacted, negotiated, or resisted in communities where formal legislation is shaped or contested by prevailing informal governance norms. The key finding reveals that a purely technocratic deployment, without adequate consideration of the socio-legal context, can produce inequitable outcomes, particularly for marginalized or digitally illiterate groups. These findings underscore the absence of an evaluative framework that accounts not only for technical efficacy but also for broader social impacts, highlighting the urgent need for new guidelines to promote substantive justice and equity.

Drawing on insights from sociology and new institutional economics, Extralegal Governance provides the first comprehensive account of China's illegal markets by applying a socio-economic approach. It considers social legitimacy and state repression in examining the nature of illegal markets. It examines how power dynamics and varying levels of punishment shape exchange relationships between buyers and sellers. It identifies context-specific risks and explains how private individuals and organizations address these risks by developing extralegal governance institutions to facilitate social cooperation across various illegal markets. Adopting a multiple-case study design to sample China's illegal markets, this book utilizes four cases - street vending, small-property-rights housing, corrupt exchanges, and online loan sharks - to examine how market participants foster cooperation and social order in illegal markets.

Access to justice in any jurisdiction requires different contributions from many legal actors. Some jurisdictions have implemented compulsory requirements for lawyers, and Asia provides prime examples: Japan and South Korea have functioning systems of mandatory public interest activities, and lawyers in China are required to participate in paid legal aid services. (Whalen-Bridge 2022). Even in the U.S., where nation-wide mandatory pro bono was rejected, some courts impose systems of mandatory legal services (regarding New Jersey Courts, see https://www.probonopartner.org/wp-content/uploads/2018/08/Madden-Exemption-Explained-2018.pdf), and there is the phenomenon of voluntary mandatory pro bono, voluntary bar associations that impose mandatory requirements on members to provide legal services to poor and underrepresented parties. This paper argues that analysis of the wide array of compulsory lawyer mechanisms in access to justice beyond mandatory pro bono is required, and suggests a framework for identification and comparison.

This research investigates the procedural barriers that informal workers encounter when seeking access to civil justice in Thailand and Indonesia. In both countries, informal workers constitute a significant portion of the workforce and contribute substantially to national economies. Despite constitutional and statutory guarantees of equality before the law, informal workers often face systemic challenges that hinder their ability to assert rights or resolve disputes through civil courts.

The study adopts a comparative doctrinal and policy analysis, drawing on legal texts, court rules, and reform initiatives in both jurisdictions. Particular attention is paid to Thailand, where procedural barriers persist despite legal provisions aimed at promoting access to justice. Court fees remain a significant obstacle for informal workers, as the process of applying for fee waivers is complex, requires documentation that many cannot provide, and is often subject to inconsistent judicial discretion. Small claims procedures, designed to provide a simplified path to resolve low-value disputes, are underutilized, partly due to limited public awareness and a lack of institutional support. Furthermore, state-funded legal aid in civil matters is limited in scope and availability, leaving many informal workers without effective representation. By contrast, the study examines Indonesia’s legal aid law and the establishment of mandatory legal aid posts as an alternative model offering useful lessons for Thailand, while also identifying gaps in Indonesia’s practical implementation.

The findings reveal that informal workers in Thailand and Indonesia continue to face difficulties due to procedural complexities, low legal literacy, and inadequate access to legal assistance—factors that exacerbate inequality. The paper argues that procedural reforms must be more responsive to the socio-economic conditions of informal workers in both contexts. Recommendations include simplifying fee waiver processes, expanding and publicizing small claims mechanisms, increasing legal aid availability, and promoting community-based legal education.

Understanding the formation of legal consciousness is vital, given its implications for institutional legitimacy and the rule of law. Existing research identifies two channels shaping legal consciousness: experiential channels, such as litigation experience, and cognitive channels, such as media exposure. Yet these channels have typically been studied separately, leaving their interaction unexplored.

To address this gap, this paper draws on both survey data and experimental evidence to examine how multichannel interactions shape public trust in the judiciary. We find a dual effect of the cognitive channel: while exposure to rule-of-law propaganda independently fosters trust in the judiciary, its interaction with litigation experience undermines that trust. The trust-reducing effect of multichannel interaction is particularly pronounced among the wealthy: the “haves” unexpectedly exhibit a sharper post-litigation decline in trust than the “have-nots.”

Expectancy-disconfirmation theory (EDT) explains both trust erosion from multichannel interplay and the sharper trust decline among the wealthy. The theory holds that perceptions of public services depend on whether expectations align with actual experiences. The elevated expectations fostered by rule-of-law propaganda are unmet during litigation, resulting in sharper disappointment. These disconfirmation effects are especially strong among the wealthy, whose greater exposure to propaganda makes them more susceptible. We also conducted an experiment by randomly assigning online participants to receive either low- or high-expectation court statements, followed by a low- or high-performance litigation experience. This experimental test of EDT in a judicial context provides further empirical support for the disconfirmation mechanism.

This paper offers the first examination of the interaction between experiential and cognitive channels. It further complicates the presumed link between socioeconomic status and institutional trust. Finally, it shows how state-led rule-of-law propaganda may backfire, inadvertently weakening the trust it aims to foster.

Digital identity systems like India’s Aadhaar and Indonesia’s e-KTP are reshaping the way governments deliver welfare services. These biometric platforms promise to make public service delivery faster, more transparent, and more efficient by linking individuals directly to benefits through a single digital identity. As two of the most ambitious digital ID programs in the Global South, Aadhaar and e-KTP aim to cut down leakages, reduce corruption, and improve access—especially for the most vulnerable. But while the goals are ambitious, the real-world outcomes tell a more complex story.

In India, Aadhaar has indeed simplified processes for many, but it has also created new barriers for millions who struggle with authentication errors or are excluded altogether due to technological or bureaucratic glitches. Concerns around privacy, consent, surveillance, and lack of accountability continue to grow—particularly in the absence of a robust data protection law. Similar issues have emerged in Indonesia, where the e-KTP system has faced major data breaches and operational inefficiencies. In both countries, the promise of digital inclusion often clashes with the reality of exclusion, especially for those already on the margins.

This paper explores how these digital ID systems are impacting welfare delivery, focusing on the balance between innovation and inclusion. By comparing Aadhaar with Indonesia’s e-KTP, the paper critically examines the legal, ethical, and policy challenges these systems face.

Generative AI is increasingly used in legal services, particularly in public-facing legal consultations aimed at reducing costs and improving access to justice. Despite these benefits, concerns have been raised about unauthorized legal practice by non-lawyers, unclear legal accountability, and the public’s limited ability to assess the quality of AI-generated legal advice. These concerns underscore the importance of examining public acceptance of and psychological resistance to AI-based legal services.
This study aims to empirically examine how people evaluate AI-generated legal advice by presenting the same legal consultation content with different sources: either an AI lawyer or a human lawyer. A total of 160 adult participants will be presented with legal consultation scenarios that manipulate three variables: (1) the source of the advice (AI vs. human), (2) the personal relevance of the case (self vs. other), and (3) the severity of punishment (low vs. high). Participants will then evaluate the usefulness, trustworthiness, and accuracy of the legal advice.
The expected findings are as follows. First, when the severity of punishment is high, participants are expected to evaluate identical legal advice as less useful, trustworthy, and accurate when it is presented as coming from an AI lawyer rather than a human lawyer. Second, when the legal scenario is personally relevant to the participant, advice attributed to an AI lawyer is expected to be evaluated less positively than the same advice attributed to a human lawyer. Third, when both punishment severity is high and personal relevance is present, advice from an AI lawyer is expected to receive significantly lower evaluations compared to advice from a human lawyer.
The findings provide a realistic assessment of public acceptance of AI-generated legal advice and offer practical implications for the design, regulation, and transparent implementation of future AI legal systems.

In 2001, Japan’s Justice System Reform Council sought to transform the country's elitist, inaccessible legal professions, by enhancing their ‘diversity, fairness and openness’ in order to satisfy the rapidly evolving needs of a modern society and maintain public trust. Twenty-five years on, how has this expansive vision of diversity and inclusion (D&I) influenced Japan’s judiciary?

We know two things. Firstly, scholarly and Japan Federation of Bar Associations discourse on judicial diversity in Japan soon diverged from the global conversation on gains in legitimacy and credibility for judiciaries that reflect the populations they serve. It skewed narrowly towards judges’ regional, educational and professional backgrounds. Meanwhile, there was silence on attributes like gender, disability, age, religion, ethnicity and sexual orientation. Secondly, we know from Supreme Court of Japan data that there has been a clear if incremental trend towards recruiting women to the judiciary. Women occupied 29% of judicial positions as at April 2024, although mostly in junior roles. This is up from 16.5% in 2005, the year when these data were first released.

But we have not known how Japan’s judges have experienced and how its prospective judges perceive this incipient shift towards gender balance, and potential flux in other attributes.

This presentation reports on a 6-month pilot study by Australian and Japanese researchers, completed in April 2025, involving semi-structured interviews with 14 participants: eight former judges of various ages, genders, backgrounds and ranks; and six JD student Bar Exam passers. The study achieved two goals. It elicited rare insights on the invisible yet mutually reinforcing structural, institutional and cultural barriers to D&I in Japan’s traditionally monolithic judicial workforce, while also revealing the need for further research at scale to identify measures to surmount them.

This paper addresses the pervasive "crisis" and ongoing "reform" discussions surrounding legal education in India, underscored by the Bar Council of India's (BCI) three-year moratorium on new law school approvals. While the BCI, as the statutory body regulating legal education, has overseen a significant increase in law schools—particularly in the 2010s—this proliferation, though improving access, has often come at the cost of quality.

To delve into this complex issue, this paper presents an ethnographic study of 15 law schools in Haryana, a northern state in India. The research includes interviews with students, faculty, and administrative staff, alongside primary and secondary source analysis, to understand law school culture, classroom engagement, and the student journey from admission to graduation. The data has evaluated key parameters of quality, including teaching patterns, student engagement, and the availability of essential resources like moot courts and job placements.

The findings reveal a distinct trend: the rapid increase in the number of law schools across the country has indeed broadened access to legal education, but concurrently, it has exposed numerous unfulfilled gaps in quality. By zooming into a specific set of institutions that emerged during this period of expansion, the study traces their current functioning and effectiveness. The paper details the history and statutory powers of the BCI and trends in law school establishment. It then elaborates on the case study methodology, presenting collected data on enrollment, evaluation methods, attendance, law school culture, and graduate outcomes. The subsequent part analyses these data trends, supplementing them with anecdotal insights from the field. Concluding, the paper offers a nuanced perspective on the current state of legal education in India, contributing to the broader discourse on its "crisis" and potential pathways for "reform."

Transnational employment contracts play an important role as legal basis for cross-border employment relations, which are increasing in Asia in recent years. These relations give rise to a number of legal issues, particularly in transnational labour disputes area. Indonesian Courts are increasingly confronted with industrial relations cases involving foreign elements. In many cases, the legal facts suggest that foreign law could be applicable, indicating that such cases fall within the scope of private international law.

Although private international law in field of employment has developed rapidly in Europe or even Asia, Indonesian Courts do not seem to fully understand the transnational characteristics disputes resolution. Indonesian Courts still tend to apply Indonesian Law directly without sufficient analysis of the elements of foreign law.

One concrete example is the Supreme Court Decision Number 38 K/Pdt.Sus-PHI/2015 and 616 K/Pdt.Sus-PHI/2014. Although there are a number of legal facts that lead to the application of South Korean law (such as the nationality of the workers, the employer place of establishment, the place where the employment contract was signed, or even an implied choice of law), the Indonesian Court still does not take these legal facts into account and only depends on Indonesian Law. This continued judicial pattern might risks the neglect of parties contractual expectations and the protection of workers normative rights.

For this reason, a juridical-dogmatic research is necessary to examine and evaluate the Indonesian Court Decisions in comparison with foreign courts decisions. This research may help Indonesian courts use legal instruments and methods for determining the applicable law that are commonly used in multilateralism approaches within private international law principles. Determining the applicable law is crucial to avoid applying irrelevant laws and to protect workers from risks due to imbalance bargaining power.

Despite the series of internal and external efforts toward judicial reform in Indonesia since the end of the authoritarian regime, concerns remain regarding the quality, efficiency, and institutional credibility of its courts. This paper examines the root cause of these persistent challenges by focusing on the appointment and promotion of judges from the colonial era to the present.

For the colonial period, the study utilizes the Regerings-Almanak Nederlandsch-Indië (East Indies Government Almanac), a publication of the Dutch colonial administration that listed the names and positions of judges and administrators, and relevant regulations issued by the colonial government. By systematically comparing annual editions of the Almanac, the research constructs longitudinal data to trace individual career trajectories and institutional patterns within the judiciary.

For the post-independence period, the analysis draws on data from the periodicals of the Indonesian Judges Association (Ikatan Hakim Indonesia, IKAHI) and relevant regulations issued by the Ministry of Justice. These sources provide insight into the institutional logic and bureaucratic constraints influencing judicial appointments and career paths of ordinary judges in contemporary Indonesia.

By integrating historical and contemporary data, this paper identifies long-standing structural factors that have hindered the judiciary’s ability to consolidate its authority and legitimacy within the Indonesian state, especially at the district level. It concludes by outlining key challenges and potential directions for meaningful judicial reform.

Centers for Japanese Law (CJLs) have been established by Nagoya University and its partner universities in Asia, where undergraduate students from the partner universities have been educated as part of the International Cooperation for Legal Development. Students first learn the Japanese language, and after reaching an intermediate level, they learn Japanese law. CJLs have employed Content-Based Instruction and Inquiry-Based Learning. The graduates have recently taken on active roles in the legal field. The aim of this research is to clarify what graduates who have become paralegals and aspire to become lawyers in Vietnam and Cambodia have obtained in Japanese legal education and which context and methodology are most effective for the study of Japanese law. Semi-structured interviews were conducted for approximately one hour each with nine young paralegals who have been working for Japanese law firms in Vietnam and Cambodia. The three findings were identified from the analysis of the interview data. One of the valuable acquisitions for participants is knowledge of Japanese culture, including business etiquette and the general values of the Japanese people, gained through the Japanese language class. Secondly, the essential skills which participants obtained are academic skills and autonomous learning. Thirdly, participants are able to submit reports and to explain their recommendations and reasons to their superiors because they are familiar with syllogisms and understand the differences between Japanese law and the laws of their countries. Considering the findings, paralegals and future lawyers need to acquire academic theory, develop logical thinking skills, and demonstrate competence in working with Japanese individuals. CJLs should consider not only the cramming of knowledge and input from students but also encourage autonomous thinking in the Japanese class and law class together.

Mutual legal assistance (MLA), a treaty mechanism by which one country requires evidence located in another, was built for paper records and now struggles with artificial-intelligence systems whose audit trails are short-lived, cloud-based, and dispersed across jurisdictions. This paper contends that a provenance-over-jurisdiction principle—under which courts admit digital material once its integrity and origin are cryptographically proved, irrespective of physical location—offers a fairer and more workable footing for Asia’s legally plural landscape.
The research design combines two complementary legal methods. First, a PRISMA-guided bibliometric study of English-language sources (2014–2025) maps the distance between scholarship on AI bias and scholarship on transnational evidence. VOSviewer network analysis confirms limited cross-citation, indicating that distributive-justice questions remain undertheorized at their intersection. Second, a close doctrinal comparison examines statutory and soft-law instruments governing digital evidence in Japan, Indonesia, Singapore, and the Republic of Korea, read against the European Union’s risk-tiered AI Act and China’s algorithm-filing rules. Three recurrent pressure points emerge—dual-hash authentication thresholds, minimum log-retention periods, and the availability of rapid-preservation orders—each of which imposes disproportionate costs on parties with limited resources.
Relying on functional-equivalence doctrine and proportionality tests developed by Asian constitutional courts, the paper formulates model MLA clauses that embed the provenance principle while protecting privacy and fair-trial guarantees. The proposal shows how redirecting admissibility toward verifiable origin, rather than territorial seizure, can harmonize divergent regulatory schemes and broaden access to justice for communities harmed by AI-driven decisions across the region, and strengthen trust in cross-border investigative cooperation efforts.

This article investigates how the legal definition of workplace bullying is interpreted, constrained, and reconstructed through internal investigation processes in organizational settings. Using law and society scholarships, it applies the concept of legal consciousness to examine how internal investigators understand, apply, and reshape legal norms concerning workplace bullying. Based on interviews from internal investigation officers, the study reveals that internal investigations do not simply implement legal standards but actively participate in reinterpreting and redefining them, sometimes in ways that limit the protective scope of anti-bullying norms and align with the organizational interests.
Specifically, this author identifies legal ambiguity as a central factor that enables this discretionary space. Workplace bullying has a rather open legal definition, and this vagueness allows internal actors to maneuver within a gray zone where interpretation becomes a function of institutional priorities and subjective judgment. Rather than strictly adhering to word-by-word legal doctrine, investigators filter complaints through organizational filters, aligning their conclusions with internal risk management goals, power hierarchies, and normative assumptions.
A key finding of the study is that investigators and the deciding committee often exercise strategic discretion in determining whether reported conduct constitutes bullying. The complaint may be reframed as a misunderstanding, a communication breakdown, a management issue, or an interpersonal conflict, thereby avoiding the stigma and obligations associated with a bullying determination. Moreover, internal investigators themselves are not neutral arbiters, but are often embedded within the organizational hierarchy and are influenced by their interests and biases.
The article concludes that internal workplace investigations are not merely compliance mechanisms, but also performative legal spaces where the meaning of “bullying” is actively negotiated, contested, and at times suppressed. This process reflects broader tensions in the implementation of workplace law, where informal governance structures shape, and sometimes undermine, formal legal protections.

This study critically examines South Korea’s legal education and judicial appointment system from 2009 to 2025, analyzing structural changes, persistent challenges, and the unfulfilled promises of reform. Despite its ambition and scope, the reform has largely failed.
The introduction of the U.S.-style law school system in 2009 marked a turning point. While judicial reform discourse gained momentum during the civilian government of the mid-1990s—faster than in Japan—the actual changes were hastily legislated in 2007 after spanning three administrations. The Act on the Establishment and Management of Professional Law Schools restructured legal education and shifted judicial recruitment to a “unified legal profession” model.
Over the next sixteen years, the traditional bar exam was abolished and replaced. Although the new system aimed to select judges from experienced legal professionals, its implementation remains incomplete and contested. Meanwhile, two presidential impeachments and a major judicial corruption scandal exposed systemic weaknesses in judicial independence and accountability.
While the reformed system produced more lawyers and expanded access to legal services, it also intensified competition in the legal market. Divides persist between pre- and post-reform legal professionals. More critically, the reform precipitated the decline of academic legal education. The government-controlled bar exam pass rate dropped below 50%, pressuring law schools to focus curricula on exam preparation. Faculty hiring shifted toward practitioners lacking academic training, effectively transplanting the U.S. bar prep industry—or Korea’s Sillim-dong cramming culture—into graduate legal education.
This paper argues that the reform has undermined the scholarly foundations of Korean legal education while leaving core goals of judicial reform unmet.

In response to rising global expectations—embodied notably in the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD)—this paper critically examines how Taiwanese corporations align legal compliance mechanisms with international labor rights obligations. While Taiwan enforces fundamental labor protection through statutes such as the Labour Standards Act and Employment Services Act, it lacks codified requirements for human rights due diligence and supply chain disclosures consistent with the EUA obligations. This study conducts a doctrinal comparison between the EU CSDDD legal framework and Taiwan’s current corporate governance and compliance systems, highlighting discrepancies in scope, enforcement, and accountability.

Drawing upon qualitative interviews with corporate legal officers, regulators, and labor NGOs, alongside an empirical review of sustainability reports from Taiwan’s publicly listed manufacturing firms, this paper investigates the extent to which existing corporate social responsibility (CSR) practices can support the transition toward regulatory-grade due diligence. We find that, while many enterprises demonstrate voluntary CSR disclosures, few have implemented structured mechanisms to identify and redress labor rights violations—particularly among migrant workforces—across supply chains. The paper argues that without legislative amendments introducing mandatory human rights due diligence and standardized reporting requirements, compliance will remain superficial and fragmented.

Ultimately, this analysis proposes targeted adaptations for Taiwanese law, including: (a) the introduction of a tiered due diligence obligation for large exporters; (b) the mandatory inclusion of labor-related performance indicators in sustainability reports; and (c) the establishment of multi-stakeholder oversight committees. These recommendations seek not only to align Taiwan with EU standards, but also to advance equitable labor conditions and corporate accountability across the Asian region, fostering a more inclusive model of economic governance.

In response to the low evaluation of Japan’s judicial IT system from the World Bank’s “Doing Business” report for 2017, the IT-driven civil court procedure has begun to advance. In contrast, in Indonesia, which consist of many islands, there is an urgent need to ensure access to courts for parties due to geographical difficulties in attending court, and there is a strong demand for the digitization of court procedures to improve the efficiency and speed of litigation. The digitization of court procedures is being rapidly advanced to achieve “simple, fast, and low-cost” trials as stipulated in Article 2 of the Law No. 48 of 2009 concerning Judicial Power.
　In Indonesia, due to the difficulty of revising the civil procedure law itself, the digitization of court proceeding is being promoted by revising the Supreme Court Regulation (No.1/2019). In contrast, in Japan the IT of court proceedings is being promoted gradually and cautiously through legislative amendments by the Diet. As symbolized by the phrase “to effectively and efficiently achieve fair and prompt judicial proceedings” in the opening of the report published by the government-related study group, the perspective of ensuring the fairness (the judgement’s correctness) of judicial proceedings is not lacking in the IT-based reform of judicial proceedings. The IT process of civil court proceedings is categorized into three areas (3e). Phase 1 regarding “e-Court”, involves the implementation of web conference under the previous Code of Civil Procedure (“CCP”). Phase 2 under the amendment of the CCP (Act No. 48 of 2022) enacted on May 18, 2022 (“Amended CCP”), involves the operation of procedures such as oral arguments in open court etc., via web conference. Finally, in Phase 3, the operation of “e-filing” and “e-Case Management” will be commenced.

This paper presents the preliminary results of our internet-based RCT (randomized controlled trial) research. We investigate (1) whether layperson's fact-finding is rational in that it follows the Bayes Rule, (2) whether layperson's negligence-evaluation is reasonable in that it distinguishes the act and the outcome of a mistake, and (3) if and to what extent layperson's damages-assessment differs from that of a professional judge. We construct two vignettes; one about a wrongful prosecution of a public official who is accused of taking bribery based upon a real case; the other about a tort case where an infant suffered from anaphylaxis by the food provided by the nursery school based upon a real case. Our preliminary results are (1) layperson's fact-finding is modestly rational, (2) layperson's negligence-evaluation is reasonable, and (3) layperson's damages-assessment is far larger than that of a professional judge.

This paper provides empirical evidence that challenges the doctrine of “judicial exceptionalism” -
the presumption that courts are much more resistant to patronage networks due to professional training
and formal institutional constraints. I develop a theoretical framework that models strategic interactions
between judges across court hierarchies and demonstrate how personnel rotation policies can create opportunities for patronage relationships between appellate and trial court judges. Using 133 million court verdict data from China’s judicial system, I exploit quasi-random variation in judge transfers between court levels to identify patronage effects. My difference-in-differences estimates reveal that when judges transfer from intermediary to basic courts, the reverse-or-remand rate of the basic court declines by 8.4 percentage point. Through placebo and robustness tests that account for alternative mechanisms, I establish that these patterns reflect welfare-reducing patronage rather than efficiency-enhancing mentorship.
The findings demonstrate that formal institutional safeguards may be insufficient to prevent
patronage networks from influencing judicial outcomes - instead, they may inadvertently facilitate judicial malfeasance through relationship-building across court hierarchies. These results provide novel
insights into how informal networks can penetrate formal institutions and have important implications
for the design of personnel policies in judicial systems.

This paper presents the preliminary results of the third wave of a simulated, test-style survey. The aim is to evaluate the educational outcomes of Japanese law programs for non-native speakers. Building on the first two waves conducted in 2023 and 2024, the research indicates that general Japanese proficiency, legal knowledge, and logical reasoning are three distinct yet interconnected factors influencing students' success. This wave introduces a combined format in which participants first read a short excerpt from an actual statute. Then, they answer a set of timed multiple-choice questions. These questions assess participants' legal understanding, Japanese language proficiency, and logical reasoning based on the provided legal text.
The main participants in this study are international undergraduate and graduate students studying law in Japan through programs taught in Japanese. A comparison group of native Japanese-speaking undergraduate students is also included. This setup allows for a more accurate, context-sensitive assessment of how learners handle the syntactic, semantic, and conceptual challenges of legal Japanese.
While the full analysis is still in progress, this wave aims to clarify the relationships indicated by previous surveys. Specifically, the analysis indicates that general language skills alone do not predict legal performance, suggesting that understanding legal Japanese and logical reasoning are more critical. By improving assessment tools and comparing students with different language backgrounds, the study aims to contribute to the development of methods that enhance bilingual legal competence across languages and jurisdictions.

Since the mid-20th century, many former postcolonial states have engaged in multiple constitution-making exercises, with the turnover in written constitutions often due to coups or internal conflict. Conversely, people have resisted authoritarian rule through alternative constitution-making. The reality that most countries have had numerous official and unofficial constitutional texts begs the question: How do past constitutions matter in the present? This book explores the social life of constitutional legacies, or how past constitutions matter. Using the case of Myanmar, Professor Crouch demonstrates that constitutions are a palimpsest of past texts, ideas, and practices, an accumulation of contested legacies. Through constitutional ethnography, The Palimpsest Constitution traces Myanmar's modern constitutional history from the late colonial era through its postcolonial, socialist, and military regimes. The Palimpsest Constitution captures the idea that contemporary debates about constitutional reform are informed by the contested legacies of the past.

The paper interrogates grassroots realities on protected legal rights (PWDVA 2005, IPC 498a) through Indian lawyers vs. women’s psychologies and epistemologies driving their perceptions, desires, and decisions in processing violence cases.

The paper draws on the victims’ and lawyers’ chapters of a manuscript, “The Purchase of Human Rights (forthcoming). The manuscript is based on qualitative, partly ethnographic fieldwork interviews, questionnaires & participant observations of women victims, accused, natal families, lawyers, judges, mediators in panchayats, adalats & courts. Primary data was collected in 8 states of India between 2006-2012 with secondary data analyzed on additional cases from 2012 to 2024.

The paper analyzes the discourse of 95 women victims and lawyers on their perceptions and justice aims in cases of beating, sexual violence, attempted burning, torture through electric currents, food deprivation and expulsion from their homes.

In delving into victims’ and legal actors’ psychologies, the paper offers profound insights into various norms and epistemologies, important to addressing issues that have continued for generations.

Not only economic disempowerment, but ingrained identities surface as more influential in decisions despite knowledge of legal rights. This too surfaces in legal actors’ case aims. The paper highlights how women’s self-identification as well as legal actors’ imputed identities for them, are strongly affected by understandings of gender and familial roles, religious norms, natal family and marital family norms, community stigma and shame.

This, in turn, is used as a lens to interpret drastic effects on womens' case processing objectives, behavior, and consequent profound effects on their lives.

The paper argues that laws themselves, including human rights laws, even if well implemented and vernacularized, are still not substantively changing peoples' lives as they are not changing the psychologies and epistemologies of those they are designed to protect nor of their contextual co-actors

Myanmar’s legal framework on intellectual property remains deeply rooted in colonial legacies that prioritize individual ownership, economic value, and commodification. This framework fails to reflect the lived experiences and values of Indigenous communities, particularly the Karen people, whose cultural knowledge and expressions are fundamentally collective, spiritual, and community embedded. Drawing on qualitative fieldwork—including interviews with Karen leaders and cultural scholars—this paper explores how Indigenous Cultural Intellectual Property (ICIP) is disregarded by Myanmar’s Intellectual Property (IP) system and how the law can be reimagined to support inclusive and equitable cultural heritage protection. It critically evaluates the limitations of Myanmar’s 2019 IP laws and highlights alternative legal models—such as Free, Prior and Informed Consent (FPIC), sui generis systems, and legal pluralism—within a decolonial and Indigenous standpoint framework. By centering Indigenous voices, this study offers a pathway for reconfiguring legal institutions in Myanmar and across Asia toward pluralism and justice.

The Asian economy is significantly shaped by Micro, Small, and Medium Enterprises (MSMEs), which make substantial contributions across the region. MSMEs constitute 97% of privately owned businesses, provide employment to 55% of the labor force, and account for 28% of economic output in Asian countries (ADB, 2022).
MSMEs in Asia have been striving for recognition and inclusion within insolvency resolution mechanisms. Due to their diverse constitutions, many MSMEs may not qualify as corporate entities, thereby falling under personal insolvency laws in some jurisdictions. The influence of local conditions and provincial legislation further complicates the development of a unified, centralized insolvency resolution framework for MSMEs. Additionally, challenges such as inadequate financial record-keeping and inconsistent disclosure practices hinder effective resolution.
These complexities have, in effect, relegated MSME insolvency resolution in Asia to primarily a debt recovery process. For instance, India’s MSME-focused pre-packaged insolvency resolution mechanism has seen only 14 cases registered over four years since its introduction, reflecting limited traction.
Through this paper, the author emphasizes the need for a stakeholder-driven insolvency resolution framework—one that also imposes a deterrent effect on borrowers who fail to comply with established norms. To this end, court-controlled mediation is proposed as a viable alternative, the same would also facilitate cross-border insolvency resolutions taking the advantage of the established mediation related capacity and infrastructure. This approach offers key advantages including procedural flexibility, reduced court intervention, and judicial supervision of outcomes, making it especially suitable for MSME insolvency resolution.

Among Southeast Asian countries, the forestry law established the concept of protected areas, influenced by colonization. The Thai legal system has undermined the indigenous peoples’ right to land for two primary reasons. First, the Thai State claimed that Thailand had never been colonized. Hence, Thailand has no indigenous peoples. Second, a rigid civil law mentality that denied customary law, which guaranteed the right of people to participate in the traditional management of natural resources. We can have indigenous communities, also known as forest protectors. This study notes that the monitoring system still requires proven communities that have the potential to protect forest areas through their traditional management.

In early 2025, the Supreme Court ruled that the ministerial resolution verifying rights is merely an administrative action, not justified by law. This ruling remains subject to challenge. Meanwhile, forced evictions and lawsuits for damages to natural resources continue. The Thai legal system has three courts established to protect the people’s rights: the Constitutional Court, the Administrative Court, and the Court of Justice. The Military Court, however, should not concern civilians. However, during the Military Coup, the military government and the civilian government both had the military’s influence through the “reclaim forest areas” project. The Judiciary shows that it cannot be the forest people’s protection mechanism.

In Indonesia, the legal system, including Adat Law, protects the rights of indigenous peoples to their traditional lands. Remark Constitutional Court case number 35/2012 has guaranteed. The government’s process for verifying rights appears to be similar to Thailand’s. This right is a constitutional right, identical to those in Thailand. Then, why is the consequence different? This study will compare the process of verifying rights and the legal system that supports the indigenous people’s rights to land and their social movement.

Victim protection in Indonesia's legal system faces structural challenges rooted in the historical formation of its national legal framework. The Indonesian criminal justice system was established in a political landscape dominated by authoritarianism, where Act No. 8 of 1981 on Criminal Procedure (KUHAP) emerged as a product of state-centric logic prioritizing stability and social order over the protection of individual rights. Under this paradigm, KUHAP reflects a police-oriented model that places state security above justice for victims, thereby marginalizing victims both procedurally and in terms of rights recognition.
This article analyzes the issue through the framing victim protection as a key element in restoring legal legitimacy in a post-authoritarian context. Using a socio-legal, the study investigates the extent to which the constitutions and national regulations of both countries affirm victims' rights and how national criminal law aligns with international human rights norms. The enactment of the 2023 Indonesian Penal Code (KUHP) marks a pivotal opportunity for a paradigm shift, particularly with incorporating restorative justice principles that reflect a state-level acknowledgment of the need to shift from punitive approaches to victim rehabilitation and social reintegration.
Accordingly, this article argues that the forthcoming reform of KUHAP must support and reinforce this restorative orientation as part of a broader repositioning of Indonesian criminal law towards a more humanistic and democratic framework. Drawing upon the theory of semi-authoritarian constitutionalism and critiques of repressive legalism, this article contends that criminal procedure reform should be understood as part of a larger project of post-authoritarian legal reconstruction. Within this framework, justice for victims is not merely a normative goal or political rhetoric, but a critical foundation for rebuilding public trust in law and democratic institutions.
Keywords: victim protection; Indonesia; criminal procedure; reform

Indonesia, as one of the countries in Asia, boasts a rich cultural diversity, which allows integration between different cultures. Integration between different cultures can happen through intertribal marriages, one of which is conducted by the Batak Toba Community from North Sumatera, Indonesia. The integration that occurs between two cultures allows for a compromise between these cultures, one of which ways is the “Buy Marga” mechanism, a step taken to maintain the Batak Toba tribe's bloodline and the continuation of the Batak Toba and their descendants. Therefore, this research aims to see whether the “Buy Marga” mechanism in intertribal marriages in the Batak Toba community has achieved good integration between tribes and has created substantive justice in the running of marital relations and the continuation of offspring in the Batak Toba community. By using a qualitative approach through field studies, interviews with the Batak Toba leaders and families of the perpetrators of intertribal marriages, as well as normative analysis of national law, this study aims to reveal the "Buy Marga" mechanism's effectiveness in creating unity to maintain identity and social cohesion in the indegenous community. This study contributes to the discourse of legal pluralism in Asia by showing that customary law can be an instrument of social inclusion, but also needs to be continuously evaluated in order to create equality and substantive justice in plural societies, especially the Batak Toba community.
Keywords: “Buy Marga”, legal pluralism, customary law, the Batak Toba tribe, intertribal marriage, Asian culture and diversity

Abstract
This paper examines the postcolonial legal pluralism in Timor-Leste, where state law and customary lisan norms interact within a hybrid justice system. Since independence in 2002, Timor-Leste has faced the challenge of reconciling formal legal institutions with deeply rooted customary practices, reflecting broader tensions between colonial legacies, modern state-building, and local autonomy. Drawing on empirical fieldwork and legal analysis, the study explores how Timor-Leste’s legal framework negotiates pluralism in practice, particularly in rural dispute resolution, land tenure, and family law.

The paper argues that Timor-Leste’s hybrid system operates as a contested yet pragmatic space where state and non-state legal orders coexist, compete, and occasionally converge. While formal courts recognize customary law under the Constitution, local communities often prioritize lisan mechanisms, leading to jurisdictional ambiguities and power asymmetries. The analysis highlights two key dynamics: (1) the state’s selective incorporation of lisan to extend legitimacy, and (2) grassroots resistance to top-down legal harmonization, which risks marginalizing customary authorities. Case studies illustrate how actors navigate pluralism—from village-level mediation to constitutional court rulings on customary rights.

The findings contribute to debates on postcolonial legal pluralism by demonstrating how Timor-Leste’s experience diverges from liberal legal universalism while confronting challenges of fragmentation and inequality. By centering local agency, the paper critiques assumptions about the state’s monopoly over legality and offers insights for hybrid governance models in post-conflict societies. Ultimately, Timor-Leste’s system reveals both the potential and limits of pluralism as a decolonial project, urging cautious engagement with customary law in plural legal orders.

Keywords: legal pluralism, customary law, postcolonialism, hybrid governance, Timor-Leste

Technological crimes have a financial objective and victims want compensation, so financial and communication trails are investigated to stop or seize assets and bringing it to the victims' aid may restore hope for the victims and increase the motivation of government officials to prosecute effectively in preventing and suppressing technology crimes. However, post-violation remedies are difficult and ineffective, both in terms of criminal prosecution and civil remedies for damages especially if analyzed from the perspective of the victim who may decide to drop the lawsuit because of many limitations. Victims presume less opportunity for redress for their damages, and it is unlikely that they will be able to get redress from transnational criminal organizations. Therefore, the establishment of measures to prevent and deter crimes, reduce damages, or track down assets and wrongdoings of transnational criminal organizations and provide compensation to victims might be more appropriate approach and creates an incentive for victims to enter the justice process until the end of the process, leading to effective prevention and suppression of technological crimes.

As data becomes an increasingly valuable asset in the digital economy, its treatment in cross-border insolvency proceedings raises pressing legal and economic challenges. This article analyzes the regulatory governance of cross-border data assets through a law and economics lens, focusing on how data is conceptualized, valued, and transferred during insolvency across jurisdictions. It examines the tension between maximizing economic efficiency in asset recovery and respecting divergent national rules on data privacy, localization, and sovereignty. Employing tools such as cost-benefit analysis, transaction cost theory, and game theory, this study evaluates how current legal fragmentation, in both insolvency frameworks and data governance regimes, generates inefficiencies, legal uncertainty, and risks of opportunism. This paper assesses existing mechanisms such as the UNCITRAL Model Law on Cross-Border Insolvency and emerging data governance regimes, proposing institutional solutions that reduce coordination failures. It advocates for a harmonized, risk-sensitive framework that aligns insolvency law with evolving cross-border data regulation, ensuring both creditor protection and data integrity in a globalized digital economy.

Among the various forms of exploitation experienced by trafficking victims, forced criminality ranks as the third most prevalent. Victims are coerced into a wide range of criminal activities, from petty theft to drug trafficking, online scams, and even murder. When the victims are recued or managed to escape the traffickers’ control, they often face prosecution by domestic judicial systems and are held responsible for the crimes they were compelled to commit. In addition to fines or imprisonment, criminal records impose lasting barriers to rehabilitation. This raises a fundamental question: are the human rights of trafficking victims truly respected when they are punished for acts committed under coercion?

The “non-criminalization principle,” as invoked in instruments like the Recommended Principles and Guidelines on Human Rights and Human Trafficking, seeks to address this issue. However, treaties and legislations do so in a general and aspirational manner, without providing a more specific guidance on its implementation, which may consequently undermine the practical effectiveness in protecting victims and upholding justice. This issue is especially pressing in parts of Southeast Asia, such as Myanmar and Thailand, where trafficking victims are often forced into cross-border criminal activities—including telecom scams or drug transport—and later prosecuted in countries where they sought protection.

This article explores this issue in three parts. This article analyzes the principle from a human rights perspective and examines three existing models—duress, causation, and presumption-based. It highlights the practical and doctrinal limitations of these models through comparative analysis of international and domestic frameworks. Finally, drawing on theories of determinism and free will, this article proposes the “Dual-Factor Model” as a new approach to address the shortcomings of current models and offer a more coherent and just framework that better aligns with international human rights standards.

In China, marginalized elements of the society are killed for their organs. The primary victims, since the early 2000s have been practitioners of the spiritually based set of exercises Falun Gong, Uyghurs in large numbers and also Tibetans and House Christians. When it comes to Falun Gong, an international people's tribunal has found in 2020 that the abuse exists with certainty, beyond a reasonable doubt. Twelve United Nations human rights experts have expressed alarm and concern in 2021 about the evidence of this abuse.

The presentation would address first how the mass killing of prisoners of conscience for their organs has been generated by the hegemonic framework imposed on China by the Chinese Communist Party. The presentation would then address the question how the law can work to dismantle this structural abuse.

The Chinese Government hegemonic framework has both national and international dimensions. The international dimensions are particularly prevalent in Asia.

There is not much the law can do within China to challenge the hegemony of the Chinese Communist Party as long as the Party remains in power and controls both law making and law enforcement. However, there is a lot that the law can do outside of China and within Asia in particular to challenge the hegemonic abuse within China of organ transplantation.

The presentation will address, in particular, what Taiwan, South Korea, and Japan have done and are proposing to do, to challenge this hegemonic abuse. The presentation will make a number of different recommendations about how both international and Asian domestic law can be used both to prevent and remedy the international dimension of the hegemonic abuse of organ transplantation in which the Chinese Communist Party, the Government China and its health system are engaged.

The past decade has hosted concurrent movements in the fields of art, archaeology, anthropology, and international law for the return of cultural heritage. Such movements have achieved significant moments for Southeast Asia, with notable repatriation of artifacts to states such as Cambodia, Thailand, and Myanmar from Western museums. The presentation reflects on the preceding efforts through the perspective of epistemic justice. The presentation argues that epistemic justice calls for return of cultural heritage in ways that satisfy the expectations of the cultures of origin, and those expectations do not necessarily align with states. The presentation focuses on Southeast Asia, highlighting how the return of Indigenous cultural heritage to Southeast Asian states has been insufficient to meet the expectations of their respective Indigenous peoples.

Domestic violence (DV) is is both a social and legal issue with significant consequences for victims and the legal system as a whole. In many communities, however, domestic violence is often seen as a typical household conflict rather than a criminal act necessitating legal intervention. This research aims to examine the distorted public interpretation of domestic violence and its impact on the legitimacy of state law. Using a qualitative approach based on social legal studies, this research was conducted through a case study in Pekalongan. Data was collected through observation, documentation study, and in-depth interviews with 50 informants. The findings show that Pekalongan society tends to understand domestic violence not as a crime but rather as a household dynamic that can be resolved internally without legal intervention. Forms of distortion of the meaning of domestic violence include: as an internal household matter, others do not need to interfere; a medium of education (parents/husband/wife) to other family members; a disgrace that must be covered up in domestic life; and husband's mistreatment of wife or children. This distortion of meaning is caused by cultural factors, religiosity, and social norms that place the household as a private space that should not be intervened by the state. As a result, many domestic violence cases go unreported or unprocessed, contributing to the delegitimization of state law in dealing with domestic violence cases. These findings suggest an urgent need to strengthen public understanding of domestic violence as a criminal offense and improve the effectiveness of law enforcement in order to provide better protection for victims.

Indonesia is a multicultural society. The social and cultural plurality in Indonesia is marked by the presence of pluralism that is both vertical and horizontal at the same time. The vertical characteristics of pluralism in Indonesia are characterized by the adaptability of each group to the developments around them (Zakaria, 2000).
The Constitution of Indonesia recognizes customary law communities and their traditional rights. However, the requirements contained in this article have made the implementation of the constitutional mandate not optimal at the field level (Simarmata, 2006). The Constitutional Court Decision No. 35/PUU-X/2012, which is considered to be a decision that can overhaul the legal framework that regulates the agrarian sector (Simarmata & Steni, 2017), which has produced nearly 500 regional legal products (HuMa Indonesia, 2025), also does not ultimately produce a space for social inclusion that changes the lives of indigenous peoples in a more meaningful way (Zakaria, 2024).
Why does this happen?
This study addresses the issue of recognition for the rights of indigenous peoples from a socio-anthropological perspective. The results of this study show that the lack of socio-anthropological perspectives in the process of formulating related policies, as manifested in the incompatibility of the content of law with the socio-anthropological reality in the form of the structure of society (Koentjaraningrat, 1980), has resulted in the legal politics of recognition and respect for the rights of indigenous peoples to be highly political. As a result, the laws that were subsequently produced away from the ideals of statehood, as read in the fourth clause of the Preamble to the 1945 Constitution, were "to realize justice for all Indonesian people".

Indonesia has a responsibility to foster an innovative and inclusive Digital Economy. The current wave of technological advancement and digitalization has significantly impacted the nation, leading to the rise of digital-based assets. This phenomenon has also been integrated into Indonesia's bankruptcy law, particularly in the regulation of intangible assets. This research aims to achieve two primary objectives. First, it aims to provide a comprehensive understanding of how digital asset regulation can address the challenges posed by the digital economy. Second, it aims to analyze the status of digital assets within the context of bankruptcy assets under Indonesia's bankruptcy law. The study will examine legal norms and regulations, employing a legal approach and a literature review as its primary research method. A qualitative approach will gather data from various sources, including books, journal articles, reports, conference papers, and websites. Data will be collected using document study tools, and content analysis will be employed to assess secondary data through a consistent regulatory framework. The advancement of Indonesia's digital economy aims to enhance the existing literature on bankruptcy law in Indonesia, particularly with the policies governing digital assets as bankruptcy assets.

This paper looks at the legal strategies being deployed by the security state in Pakistan in the wake of the War on Terror, to control mobility of populations on the margins of the nation-state. Based on my doctoral research, this paper focuses on the policing of mobility of populations from two frontier regions: Pashtun communities (including activists belonging to the non-violent, anti-war Pashtun Tahfuz Movement (PTM)) from the former Federally Administered Tribal Areas or FATA and the people of Gilgit-Baltistan. The paper aims to show that fear and suspicion related to frontier populations and their cross-border ties has led to the regulation of mobility as a key objective of the security state in Pakistan. It argues that despite the focus on democratic backsliding and judicial review in constitutional law scholarship, it is in fact the use of ordinary criminal law and legal technologies like tenancy registers and terrorism watchlists – often developed during the colonial and early postcolonial period and entrenched during the War on Terror – which are crucial for the management and control of mobility in Pakistan and Asia more broadly. It therefore argues that we theorise emerging forms and entanglements of criminal law and technology as deeply implicated in the shaping of the contemporary postcolonial security state in Asia.

This presentation explores the socio-legal mechanisms that enable individuals—particularly those who, due to accumulated psychological trauma, have engaged in oppositional or criminal behavior—to move beyond social exclusion and pursue reintegration.
These individuals, often labeled as “offenders,” experience a vicious cycle in which trauma leads to hostile behavior, which in turn causes further isolation, loss of social trust, and entrenched stigma.
When psychological trauma accumulates, individuals may lose the ability to reflect on their situation, directing their pain outward and thereby reinforcing their exclusion. This process often results in a deteriorating relationship with society and deepens stigma.
Focusing on the recovery process of such individuals, this presentation examines how they can overcome hostility and voluntarily seek reconciliation with society.
Drawing on Judith Herman’s trauma recovery model and Amartya Sen’s capability approach, this research employs case studies to investigate the effectiveness of various social interventions—particularly within the framework of restorative justice—in fostering trust, agency, and a sense of inclusion.
Ultimately, the study aims to identify mechanisms that enable these individuals to reconnect with society and break the cycle of exclusion, thereby preventing the reinforcement of stigma and contributing to a more inclusive form of justice.

Indonesia is a key hotspot for illegal wildlife trafficking. Despite national laws and international commitments, enforcement against this transnational crime remains inconsistent, especially when state actors such as members of the military (TNI), police (Polri), or other state apparatus are involved. This reflects a broader culture of impunity. This research explores how nationalist interpretations of sovereignty, particularly as expressed in the rhetoric of President Prabowo Subianto, e.g., “kita adalah bangsa besar” and “antek asing”, serve to deflect international scrutiny, weaken civil society, and obstruct legal accountability for environmental harm. Drawing on Paul Gordon Lauren’s critique of sovereignty as a shield for human rights abuse and John Knox’s framework linking environmental degradation to fundamental rights, this study reframes wildlife trafficking as not only an ecological or criminal issue but a violation of human rights. Through legal analysis, discourse evaluation, and case studies of state actor involvement in wildlife crime, the paper examines the mechanisms through which impunity is sustained in Indonesia’s legal and political landscape. In a context where Indonesia is not a party to the Rome Statute, the research investigates alternative avenues for accountability through soft law instruments, human rights mechanisms, and strategic domestic reform.

Administratively, clarity regarding the registration of customary land rights for indigenous peoples in Indonesia was only achieved in 2024 with the enactment of Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 14 of 2024, which pertains to the implementation of land administration and the registration of customary land rights for indigenous communities. While it has implemented more comprehensive regulations for registering customary land rights, this regulation is limited in that it only applies to customary land free from conflicts. Similarly, the Philippines faces a comparable challenge. According to the International Work Group for Indigenous Affairs (IWGA), in 2023, the Philippines' National Commission on Indigenous Peoples (NCIP) reached just 33% of its goal, issuing Certificates of Ancestral Domain Title (CADT) or Certificates of Ancestral Land Title (CALT) for 1.531 ancestral domains and lands. This study seeks to critically examine how customary or communal land registration is conducted within customary law communities in Indonesia and the Philippines. It compares land ownership practices in both countries, emphasizing both formal administrative registration and substantive issues. This study employs a comparative and statutory approach, combined with qualitative methods within a critical legal studies framework. While the Philippines has demonstrated some progress over Indonesia—particularly in institutional development and data collection for land administration—the situation regarding overlaps between indigenous customary land and various permits for natural resource management remains similar in both nations. Furthermore, in Indonesia, the Minister of Agrarian Affairs' regulation does not explicitly recognize data from NGOs such as the Indigenous Territory Registration Agency (BRWA) and the Indigenous Peoples' Alliance of the Archipelago (AMAN), which have already established indigenous territories. Consequently, the overlap between customary land registration and conflicting industrial permits, such as mining and oil palm plantations, could hinder its effectiveness.

This panel aims to bridge the traditional socio-legal studies of the "living law" and the recent research of legal consciousness from 4 countries papers.
The concept of "living law," by Eugen Ehrlich, expressed the sense of justice among the ordinary people resisting the denial of their customary practice by state law. Relying on this concept, socio-legal surveys were conducted in various countries to defend customary rights, leading to landmark judicial decisions.
Living law's theory presupposed that such law existed prior to state law, was autonomous and robust, and that the law's community adhering to it was homogeneous. However, our empirical research reveals that in order for longstanding daily practices to be formulated as customary rights, they are often framed using legal categories derived from international human rights norms, state law, or regional legal frameworks. It becomes necessary, therefore, to understand living law as a form of translation of exogenous laws.
Moreover, the way in which such exogenous laws are translated and interpreted varies among local peoples and their supporters. Recent studies on legal consciousness, initiated by Patricia Ewick and Susan Silbey, emphasize the diversity in people’s understanding of law. They focus on how individuals justify and narrate their practices, thereby seeking to capture the plurality of legal consciousness. Relying on this perspective, this panel analyzes the processes through which exogenous law, customary rights, and daily practices are translated and interpreted.
Our topics include customary forests in Japan and Indonesia, farmland reallocation practices in China, and human rights advocacy in Myanmar.

Surrogacy involves gender, technology, ethics, law, and society, and has long been one of the most controversial issues in reproductive justice. The main reason lies in the requirement for another woman to undergo assisted reproduction, endure the physical demands of pregnancy for nine months, suffer the pain of childbirth, and relinquish parental rights afterward. Regardless of how the law is designed, surrogacy is often criticized for exploiting women, exacerbating class inequality, and commodifying children.
In light of this, this paper analyzes the major obstacles and potential solutions to the lack of legalization of surrogacy in Taiwan over the past 30 years, including whether it should be compensated, how to reduce exploitation of women, how to legally establish parent-child relationships, and who should have access to surrogacy services.
The research methods employed are comparative law and literature analysis. Since surrogacy laws in some U.S. states have evolved from prohibition in the 1990s to allowing surrogacy under certain conditions in recent years, this paper seeks to explore the factors behind these changes and what insights they may offer Taiwan.
This paper analyzes the drivers behind legislative reform in the U.S., differences between old and new laws, and the influence of gender advocacy groups. It then categorizes types of surrogacy regulations, examines how recent legislation addresses concerns about the exploitation of women and the commodification of reproduction, and finally identifies a trend in regulatory change toward protecting gestational mothers’ bodily autonomy and combating discrimination.

This paper presents the first empirical study of Vietnamese arbitration, revealing significant regional variations that challenge the conventional portrayal of Vietnam as a unitary legal system. Through statistical analysis of original survey data from 146 enterprises, this research documents systematic differences across Vietnam's North, Central, and South regions in dispute resolution preferences, perceptions of institutional efficacy, and attitudes toward judicial intervention. Methodologically, the study combines quantitative survey instruments with follow-up interviews that specifically capture perspectives from previously understudied provincial enterprises, ensuring representation beyond urban centers.

Vietnam's configuration—a single jurisdiction containing regions with distinct colonial, economic, and legal histories—illustrates how formal legal frameworks interact with local norms in ways that directly impact equity and access to justice. This research identifies "intrastate pluralism": multiple legal subcultures coexisting beneath statutory uniformity, creating uneven landscapes for different communities seeking commercial justice.

The findings reveal how marginalized voices and regional perspectives remain underrepresented in Vietnam's legal centralization efforts. Southern enterprises, with stronger international connections, gain disproportionate advantages from internationally aligned arbitration reforms, while Northern businesses, notably smaller domestic firms, face structural barriers in accessing quality dispute resolution. This disparity underscores how seemingly neutral legal transplants can perpetuate existing inequities when implemented without consideration of regional contexts.

This research demonstrates how embracing regional legal diversity, rather than imposing rigid uniformity, can enhance equity in commercial dispute resolution. By recognizing and accommodating Vietnam's internal pluralism, policymakers can develop more inclusive frameworks that ensure justice is accessible to all business communities—regardless of their regional location or historical positioning within Vietnam's complex legal landscape. This case study ultimately contributes to reimagining how Asian legal systems can embrace diversity while enhancing equity in an increasingly interconnected commercial world.

Policy discrimination remains pervasive in Asia’s diverse societies. Existing evaluation tools—such as Human Rights Impact Assessments (HRIA) and Gender Impact Assessments (GIA)—are typically static, one-off procedures that fail to detect or correct structural discrimination embedded in facially neutral policy designs. To fill this institutional gap, this paper proposes the Anti-Discrimination Policy Sandbox, a novel preemptive governance mechanism that integrates difference-sensitive justice theory, democratic experimentalism, and regulatory sandbox practices developed in fintech and AI oversight.

The sandbox allows policymakers to conduct controlled policy simulations, test synthetic datasets, and incorporate staged feedback from affected communities before formal implementation. Guided by a zero-real-harm principle, it enables the proactive identification and correction of discriminatory effects at the rule-making stage. The study systematically reviews global HRIA/GIA mechanisms and compares them with experimental sandbox regimes. Drawing from practices such as Taiwan’s gender budgeting and Korea’s GIA law, the paper formulates an institutional model that includes entry/exit protocols, multi-stakeholder engagement, transparent reporting, and policy response obligations.

Findings suggest that the sandbox addresses the static limitations of traditional assessments by facilitating evidence-based, real-time policy correction. Yet, institutionalizing the mechanism in Asia faces challenges, including high simulation costs, vague standards, low public participation, and administrative opacity. The paper outlines key enabling conditions: data infrastructure, legal mandates, and cross-agency coordination.

By embedding difference-sensitivity and iterative feedback into the policy design process, the Anti-Discrimination Policy Sandbox offers a flexible and transferable institutional solution for advancing equality governance in pluralistic societies. It contributes both a theoretical innovation and a practical model for inclusive policymaking in Asia and beyond.

With plummeting birth rates across the continent, many Asian countries are (re-)considering legal and policy frameworks around Artificial Reproductive Technology (ART), such as In-Vitro Fertilisation (IVF). Changes are aimed at both increased access to ART and its increased provision, such as via a greater number of licensed IVF clinics. As ART becomes more common, new challenges might arise, such as how frozen embryos should be treated in case of separation or divorce. This question interlinks with the potential for finding property rights in embryos, and prevalent limitations across Asia that state ART/IVF is only available to married couples.

This presentation takes a recent Australian decision on the fate of frozen embryos following divorce and considers how its findings might play out in a jurisdiction like Hong Kong (which will be used as a case study). Delivered by one of the family court’s most well-regarded judges (justice Grant Riethmuller AM), the decision in Leena & Leena (2024) identified that frozen embryos are indeed property, and - consequently - subject to matrimonial property division in case of divorce. Whilst this, in principle, opened the way for one party to obtain the embryos for use (which is unlikely to be ordered anywhere in the world, even if there are no marriage requirements in ART laws), the case may be especially important for the way destroyed embryos are treated, including in jurisdictions such as Hong Kong.

Female labour force participation in Indonesia remains substantially lower than that of men, a disparity often attributed to socio-cultural norms and educational attainment. However, an underexamined structural barrier is the absence of affordable and accessible childcare facilities, a longstanding issue due to the lack of a comprehensive childcare policy in Indonesia.

In 2024, the Indonesian government enacted Undang-Undang Kesejahteraan Ibu dan Anak Pada Fase Seribu Hari Pertama Kehidupan (UU KIA), in which one of its provisions formally recognises women workers’ right to childcare. However, there has been no technical regulation which ensures the implementation of the rules. As a result, women who choose to work are still compelled to bear the high cost of childcare services. This “pay to work” dynamic penalises working women, constraining their labour market participation and reinforcing gendered economic inequality.

Drawing on comprehensive reviews of policy related to carework and childcare in Indonesia, this study argues that, without clear regulations and policies on childcare subsidies, the prohibitive cost of care will continue to exclude women from employment. To realise the promise of UU KIA and narrow the gender gap in labour force participation, the Indonesian government must urgently develop technical guidelines that mandate affordable childcare provision.

Japanese sociology of law began with research on the rights of common, achieving success in having courts recognize these rights as customary rights. However, in recent years, with the advancement of compliance-oriented legalization, forestlands with improper registration where rights of common are recognized have become problematic as “lands with unknown owners,” prompting the enactment of laws to regularize these situations.
This paper first explains the differences between previous legalization studies and the current societal trend emphasizing compliance. Then, based on interviews and questionnaire surveys with forestry cooperative staff, it depicts how compliance-oriented legalization is actually progressing.
When forestry cooperatives, which receive logging commissions from communities, emphasize compliance and verify forestland ownership based on official registration, obtaining consent from all numerous owners becomes necessary, causing high transaction costs and triggering a tragedy of the anti-commons. Therefore, in practice, a simplified procedure relying on customary rights and securing consent from community leaders is employed. However, this is not a legal consciousness based on an understanding of the customary rights of common but rather a calculated rationality that simplifying procedures is unlikely to cause problems.
By illustrating how the customary rights of common are actually perceived and used, this paper attempts to bridge traditional socio-legal studies on customary rights and new research on legal consciousness.

In Sri Lanka, the failure of the proposed Gender Equality Bill (2024) has exposed the limitations of formal legal reform in achieving gender justice, particularly within a context shaped by religious pluralism, political resistance, and institutional apathy. In this vacuum, the private sector has emerged as a critical actor in addressing gender equality through internal governance practices and organisational change. This paper examines how corporate governance structures, driven by internal policy shifts, stakeholder expectations, international donor engagement and global sustainability frameworks, have introduced gender equality measures beyond legal requirements. These include gender-sensitive recruitment strategies, workplace diversity and inclusion policies, anti-harassment procedures, and leadership development programs for women. Drawing on case studies and corporate disclosures, this paper explores how these practices are introduced, implemented, sustained, and contribute to gender equality outcomes. It argues that while these initiatives cannot replace enforceable legal protections, they have created a new, flexible framework for embedding gender equity in workplaces, particularly in contexts where state-led reforms are delayed or contested. However, the paper also cautions against over-reliance on voluntary efforts, highlighting the risk of symbolic compliance. This paper argues that a coordinated approach that links corporate governance mechanisms with legislative frameworks, where corporate actors can help bridge the persistent gaps left by formal legal systems, would contribute to a more inclusive and equitable future for women and marginalised communities in Sri Lanka.

Abstract：In traditional perceptions, women in Chinese traditional society were often regarded as a vulnerable group in legal cases and judicial practices, portrayed as weak, submissive, and dependent. However, upon examining female judicial cases in the Peking Gazette section of The North-China Herald in the late Qing Dynasty, the author find that from a Western perspective, Chinese women were not entirely disadvantaged. They often leveraged their status to actively engage in judicial activities, advocating for their own or relatives' rights. The records also include many instances of female criminality. By analyzing these cases, the author aim to challenge existing academic views and present a more comprehensive picture of the diversity and complexity of female images in late Qing judicial practices.

Third-party funding (TPF), a mechanism where a third-party funder invests in the outcome of a claim, has emerged as a transformative force in global dispute resolution markets. While scholarly attention has primarily focused on regulatory frameworks in well-established jurisdictions, the market behavior of funders operating in legal vacuums remains underexplored.

This article addresses that gap through an empirical analysis of China’s nascent and under-regulated TPF market. Drawing on interviews with key stakeholders, it examines the challenges faced by funders and the adaptive strategies they employ in navigating regulatory uncertainty. By uncovering these dynamics, the article contributes to broader theoretical implications. It reconceptualizes funders, as market actors, as policy entrepreneurs who actively shape soft regulatory environments; highlights the complementarity—rather than substitutability—between trust and formal regulation in sustaining contractual performance; and underscores the institutional advantages of arbitration, particularly the party-appointment mechanism, in supporting emerging markets. Beyond this, China’s experience provides a practical foundation for policymakers in similarly underregulated jurisdictions seeking to harness the benefits of TPF while mitigating its risks.

Legal mobilization has emerged as a crucial strategy for women’s movements in China since the Fourth World Conference on Women in 1995, peaking in the early 2010s. Various stakeholders have engaged in promoting women's rights through impact litigation, legislative lobbying, and raising awareness, as their counterparts did in democracies. However, since 2015, there has been a systematic crackdown on civil society organizations and strict controls over public interest lawyering. Given this new and repressive political environment, can legal mobilization still exert the same influence and social impact as it once did? This paper systematically reviews the legal mobilization for women’s rights in Xi’s China, especially following the significant Feminist Five incident. By integrating theories of law and social movements with feminist legal theories, this study empirically explores novel aspects of legal mobilization and assesses the influential factors within this context. The analysis critically evaluates both the direct and indirect outcomes of legal mobilization in advancing women’s rights. It reveals the unique dynamics between law and women's movements under “a new Chinese-style thick rule of law”. While there has been an expansion of legal mechanisms addressing women’s rights and increased access to legal aid, the capacity for collective action has diminished due to political and legal constraints. Additionally, autonomous women’s organizations have dwindled, and feminists face marginalization and stigmatization. This paper argues that while legal advancements can create opportunities for women’s movements, a reliance on legal channels can also limit the power to mobilize communities, resulting in restricted legal mobilization. Ultimately, this study calls for a nuanced understanding of the complexities surrounding legal mobilization for women’s rights through a feminist lens and proposes considerations for the future of women’s movements in China.

This article examines inmate hierarchies in a large-scale women’s prison in China, both the formal hierarchy imposed by prison officers and the informal status hierarchy that emerges spontaneously among inmates. It investigates the legitimacy of the formal hierarchy and the interactions between formal and informal hierarchies, arguing that the formal hierarchy retains legitimacy when it aligns with the informal but loses legitimacy when the two systems conflict. Tension between the two systems lead to a loss of inmate confidence in the formal hierarchy and creates a feeling of unfairness and frustration within inmate society. An illegitimate formal hierarchy fosters feelings of unfairness among inmates and erodes their confidence in prison authority. Drawing on empirical data from field observations and 75 semi-structured interviews (41 inmates and 34 frontline prison officers), this research advances the study of social organization in women’s prisons in a non-Western context.
Keywords: social hierarchy, inmate code, legitimacy, women’s prison, China

In Indonesia, approximately in the last ten years, a movement acknowledging customary forests and recognising indigenous peoples' right to territory has emerged. This movement was organised after constitutional court decision No. 35/2012, which gave the chance for indigenous people to get their own rights, particularly in their own territories. Currently, on 30th December 2016, peoples of nine customary forests have acquired state acknowledgement of their land rights by the Indonesian president. This momentum marks Indonesia’s first ever recognition of the rights of people who call their forests home. However, for such recognition of forest rights, the national law requires that the regional government first needs to recognize the communities as customary people with the regional product of law to adopt their adat (customary) law system intact. This processes intense inefficiency in order legal procedures and budget to publish the customary law as the formalization to state law. Approximately 461 the regional product of law spread in Indonesia provinces and regencies. In formal regulation, there are eleven (11) ways to gain access to natural resources that are derived from regional legal products recognizing indigenous communities, 10 of which require the existence of regional legal products to access the natural resource objects. This presentation analyzes the product of law in regional level about the indigenous people as discourse, rationales, and legal consciousness for indigenous people’s struggle in the customary forest movement, in order to answer the question why and how the adat people struggle with this formalization, why they mobilize the struggle to achieve the desired recognition as indigenous people/adat community into the Indonesian legal system.

This paper examines how corporate law in South Korea can evolve to better reflect principles of diversity and equity amid growing social expectations for inclusive and responsible business practices. South Korea’s corporate landscape, long dominated by chaebols (family-controlled conglomerates), faces increasing pressure to reform governance structures, enhance transparency, and address stakeholder interests beyond shareholders.
The study explores the legal and institutional barriers that hinder broader participation in corporate decision-making, especially by minority shareholders, women in leadership, and labor representatives. It analyzes recent developments, including revisions to the Commercial Act, ESG disclosure requirements, and gender diversity mandates on corporate boards.
Drawing on comparative insights from other Asian jurisdictions and international best practices, the paper argues for a redefinition of fiduciary duty to include social and environmental accountability. It proposes legal mechanisms to promote stakeholder-oriented governance, equitable access to corporate power, and long-term sustainability.
By aligning corporate law with evolving societal values, Korea can move toward a more equitable economic model. This paper contributes to regional discourse on how legal systems can support not only economic efficiency, but also justice in the corporate sphere.

The global rise in female incarceration has been disproportionately driven by drug offences, exposing the gendered effects of drug policies. Scholars argue the “war on drugs” has become a “war on women,” eroding leniency extended to female offenders. China offers a critical test case, where drug enforcement is tied to national security and harsh sentencing is politically mandated—raising questions about whether the classic finding of gender-based sentencing leniency persists in this high-pressure context.

Critically, gender effects on drug sentencing in China cannot be fully understood at the national level due to significant local variation. While institutional efforts aim to standardize sentencing through uniform rules, organizational arrangements, and political imperatives, these efforts intersect with persistent cultural norms—especially Confucian gender norms—that may still shape judicial perceptions of defendants. This tension between institutional pressures and local cultural norms suggests that the role of gender in drug sentencing is likely to vary across regions.

To investigate this interplay between national policy, local context, and gendered sentencing outcomes, this study conducts a comparative analysis of two provinces: Yunnan, a border province under intense anti-drug pressure where the political imperative is dominant, and Shandong, the birthplace of Confucianism with entrenched gender norms. Using criminal judgments from China Judgments Online and quantitative analysis, the study examines gender’s influence on drug sentencing, exploring regional variation under these distinct judicial logics.

This study aims to offer empirical evidence on how distinct judicial and socio-cultural contexts shape gendered justice under China’s punitive drug regime. By contrasting Yunnan and Shandong, it moves beyond a uniform view of drug sentencing, highlighting the interplay between national policy and local norms. The findings contribute to broader discussions on sentencing disparity, judicial discretion, and the gendered consequences of global “war on drugs” in non-Western contexts.

In Indonesia’s legal and policy framework, Micro, Small, and Medium Enterprises (MSMEs) are hailed as the backbone of the national economy. However, this celebration often obscures the precarious reality faced by informal women workers within these enterprises. This study investigates home-based laundry businesses in a semi-peripheral urban area where most workers—predominantly women—are employed without formal contracts, paid as low as IDR 1,000–2,000 per kilogram of laundry, and exposed to health risks from equipment such as steam irons. Despite fulfilling all elements of dependent labour—working under employer orders, bound to work hours, and performing repetitive labour-intensive tasks—these workers remain legally unrecognized.

Employing a socio-legal methodology that combines regulatory analysis and grounded field observation, this paper examines how Indonesian law (Law No. 20/2008 on MSMEs and Law No. 6/2023 on Employment) structurally excludes informal labourers. The study argues that the legal definition of “worker” in Indonesian labour law is narrow, formalistic, and gender-blind, leaving informal women workers beyond the scope of labour protections.

This paper contributes a novel analytical shift: it situates informal labour not as a legal vacuum, but as a site of institutionalised exclusion—produced by policy frameworks that favour capital and productivity over labour rights and gender justice. While policy debates often focus on formal workers or domestic workers under the Domestic Workers Bill (RUU PPRT), this research draws attention to a "grey zone" of informal workers employed in MSMEs who fall through the cracks of both labour law and welfare protections.

This study calls for an urgent redefinition of “worker” in Indonesian labour law to include informal wage-dependent labourers in MSMEs—particularly women—thus ensuring that economic growth does not come at the cost of invisible, unprotected, and undervalued labour.

In rural China, women who marry into another village often lose their original identity rights in the collective economic organization and corresponding land rights, despite not legally transferring their “household registration”(“hukou”). In land rights disputes, the identity choices, group affiliations, and legal strategies of married-out women and female villagers form a noteworthy contrast. Relational legal consciousness, which is built upon relationships, provides a targeted analytical approach to this phenomenon. How do they choose the prioritized identity and group when facing the conflict? How do they perceive and decide to use state law or customary law to address the issue based on the identity recognition?  By tracing the answers to these two questions, this paper aims to establish a dynamic identity prioritization mechanism to analyze how married-out women dynamically adjust the prioritization of their multiple identities in response to changing contexts and choose specific legal strategies within a framework of legal pluralism.

This article explores the intersection of living law (lebendes Recht) and the persistent issue of violence against women, focusing on how social norms can overshadow formal legal protections. While living law encompasses the everyday behavioral norms that govern communities, these norms often conflict with the principles of justice, particularly in cases involving gender-based violence. In many communities, customary practices and social expectations diminish the voices of women, marginalizing their experiences and allowing violence to be normalized. This article critically examines the limitations of living law in promoting gender equality and protecting women's rights. Drawing on a qualitative socio-legal methodology, it analyzes selected case studies, community narratives, and normative patterns to interrogate how living law operates in everyday conflict resolution. The article highlights the urgent need for a transformative approach that integrates formal legal frameworks with a reformed understanding of social norms to ensure justice for women. Addressing the silencing of women’s voices within both traditional and legal contexts is crucial to achieving a just and inclusive legal system.

In rural China, farmland is not privately owned but collectively owned by villages and contracted to individual households. Since the early 2000s, the Chinese state has strengthened legal protections for farmers’ land rights. The 2002 Rural Land Contract Law (RLCL) was a key milestone, guaranteeing that land contracts would remain stable for 30 years and prohibiting local authorities from adjusting land allocations without strong legal justification.
However, a traditional practice known as farmland reallocation still persists in many villages. In this system, village authorities periodically redistribute farmland based on household size—taking land from families with fewer members and giving it to those with more. This practice, rooted in the collective era before land reform, is officially illegal under the RLCL. Yet it continues to take place in ways that often appear legally ambiguous.
This paper investigates why such a clearly restricted practice continues. Prior research suggests that village elites—such as local cadres—sometimes use vague or exceptional legal clauses to justify the reallocation of land. But legal maneuvering alone is not enough; the practice also relies on the support or at least acquiescence of ordinary farmers. This raises an important question: does the persistence of farmland reallocation reflect a lack of awareness or understanding of legal rights among villagers?
Using original survey data from a rural township, the paper tests the hypothesis that weak legal knowledge among farmers contributes to the continuation of this practice. Although the hypothesis was not confirmed directly, the results reveal a deeper problem: for many villagers, state law is not part of their daily frame of reference. Legal rights feel distant, abstract, and disconnected from the realities of rural governance. As a result, village norms and collective decisions continue to shape land use more strongly than formal law.

In Cang Village, located along the Sino–Myanmar border, a recurring phenomenon known locally as “runaway daughters-in-law” has become increasingly common. These married-in women leave their conjugal households without returning to their natal families, instead migrating alone to distant urban areas. Drawing on local gazetteers and ethnographic fieldwork, this study traces these silent departures to a structural condition of “no co-sharable capital”—not only the lack of jointly held property, but also the absence of symbolic, moral, and relational resources necessary to sustain belonging after marital dissolution.

Positioning Cang Village as both an ethnographic site and an analytical vantage point, the study examines the disjuncture between the normative assumptions of Chinese family law and the lived realities of frontier kinship. While the state envisions family as a stable, rights-and-obligations-bearing unit, the actual social fabric of borderland communities is shaped by patrilineal norms, informal rules, and historically sedimented moral economies. Legal intervention is often limited by geographic remoteness and the weight of local traditions, challenging the state's ideal of legal “legibility.”

Yet family law operates not solely through formal codification, but also through culturally embedded notions of family and home. This article argues that the reproduction of power, rights, and interest in Chinese familial life must be understood through the entanglement of state structures and local knowledge. Ultimately, the figure of the runaway daughter-in-law reveals how the tension between “home” (jia) and “nation” (guo) opens a space for rethinking the foundations of governance, belonging, and kinship in contemporary China.

Keywords: frontier society; divorce; legal anthropology

The prestige of the concept of Guardians who can marry off girls without the permission of the child has begun to fade, how not Law No. 1 of 1974 concerning marriage Article 6 paragraph (1): marriage is based on the consent of the bride and groom, in the Compilation of Islamic Law Inpers No. 1 of 1991 article 16 Paragraph (1): marriage is based on the consent of the prospective bride, and (2) the form of consent of the bride, can be in the form of a firm and real statement in writing, oral and gestures but can also be silent in the language of meaning as long as there is no explicit refusal, Law no 7 of 1984 ratification of the convention for the elimination of all forms of discrimination against women article 16: prohibition of children and prohibition of forced marriage, as well as Law no 12 of 2022 concerning criminal acts of Sexual Violence article 10 forced marriage as a form of sexual violence. Looking at the data above, Ijbar guardians are very irrelevant, This paper will look at this phenomenon with a sociolegal perspective. There are two important questions: first, how is the Context of Mutilation of Ijbar Guardians in the Legal Rules of Marriage in Indonesia (actors, networks, and strategies)? With normative sociological research methods to read the study of the Context of Mutilation of Wali Ijbar in the Legal Rules of Marriage in Indonesia (actors, networks and strategies) and secondly Mutilation of Wali Ijbar in the Legal Rules of Marriage in Indonesia from a sociolegal perspective, the results of this study are to provide an overview related to the study of Mutilation of Wali Ijbar in the Legal Rules of Marriage in Indonesia from a sociolegal perspective and see actors, networks and strategies.

Abstract:
This paper explores the ambivalence of economic empowerment for wives within households facing economic neglect by their husbands. Drawing from early observations of two women working in the informal sector, the study reveals that access to income—often celebrated as a means of liberation—can paradoxically become a binding force that sustains marital continuity despite neglect. Both women, though abandoned financially, remain in their marriages. Their responses, however, diverge: one responds with nurturing loyalty, the other with emotional detachment and superiority. This divergence raises critical questions about what truly sustains marriage under conditions of asymmetrical contribution and care. Using a socio-legal lens rooted in family law and gender theory, this study examines how normative expectations of family resilience, religious morality, and structural gender roles operate to normalize endurance over justice. It suggests that economic empowerment, in the absence of relational equity, may reproduce inequality in subtler forms. This paper contributes to current discussions on justice and gender in Asia by revealing how informal labor and traditional family structures intersect in maintaining fragile households under the illusion of stability.

Keywords:
Family resilience, gender justice, economic neglect, women’s agency, informal sector, legal norms

This paper analyzes Myanmar people’s legal consciousness from the 1988 democratization movement to the end of 2023, focusing on the evolution of their understanding and interpretation of the term “human rights” or “lu akwin aye.” The central discussion utilizes the theoretical framework of rights consciousness research in the sociology of law to clarify the specifics of how the Myanmar people understood the concept of human rights during the military rule from 1988 to 2011 and during the subsequent decade of so-called democratization.
From 1988 to 2011, Myanmar experienced a military dictatorship and was harshly criticized by the international community for human rights abuses against its people. After the transition to civilian rule in 2011, Myanmar’s political transition was hailed as democratization, and attracted international businesses. In the light of such so-called democratization and economic liberalization, the longstanding human rights abuses afflicting the people of Myanmar were discussed less and seemed to recede into the background.
This paper clarifies the legal consciousness of the Myanmar people, who have experienced major political and social changes during the past three decades, from the perspective of the vernacular translation of the human rights concept. Specifically, the following three points are discussed. First, it depicts how Myanmar people have understood and practiced the foreign concept of "human rights" by translating it according to the local context of Myanmar society, culture, and customs. Second, the paper focuses on the "translators" who played the pivotal roles in translating human rights and clarify the shift of translators and their roles according to political and social changes in each period. Third, it is highlighted that social and human rights activists, who once were former political prisoners, have been playing the significant role in forming and developing the people's understanding and practice of human rights.

The study examines the shift in the authority of local governments in environmental protection and management in the gold mining sector. The issuance of Law Number 6 of 2023 concerning Job Creation and the latest amendments to the Mineral and Coal Mining Law have fundamentally changed the licensing and supervision architecture, for the sake of simplifying investment. However, this reform raises the question: to what extent is the authority of regional governments to protect the constitutional right of their citizens to a healthy environment now defined, or even reduced? By taking a case study on PT Masmindo Dwi Area, this study analyses the juridical implications of the regulatory changes on environmental justice at the regional level.
This study uses a normative legal methodology that combines a statutory approach and a case approach. The legislative approach is used to dissect the complexity and potential overlap between the new regulations and the authority of local governments. Meanwhile, the case approach examines how these new norms are implemented and what impact they have on the communities and ecosystems around the mining concession area.
This research will analyse how this centralistic and investment-oriented legal landscape impacts the protection and management of the environment in the region. This research aims to answer whether legal politics in the mining sector can strengthen or weaken environmental protection and management in the region. The results are expected to provide a critical evaluation of the role of local governments and offer recommendations to ensure that economic acceleration does not sacrifice ecological sustainability and social justice for communities, especially in the regions.

In recent years, Asia has become a global hotspot for innovation and entrepreneurship, with countries like Singapore, India, and Indonesia developing thriving start-up ecosystems. This paper explores how corporate law in these jurisdictions is evolving to support the unique legal and financial needs of start-ups, and whether these reforms effectively balance innovation with regulatory oversight.

Through a comparative analysis of key legal developments, this research examines mechanisms such as simplified company structures, convertible instruments (like SAFE notes), employee stock option plans (ESOPs), regulatory sandboxes, and cross-border investment facilitation. Special attention is given to Singapore’s pro-innovation legal infrastructure, India’s push for startup recognition and funding liberalization, and Indonesia’s ongoing regulatory transformation via the Omnibus Law.

The study evaluates the extent to which these legal frameworks reduce barriers to entry, enhance access to capital, and protect investor and founder rights. It also considers potential risks such as legal uncertainty, founder abuse, or gaps in minority protection. Drawing from case studies of leading Asian startups and regulatory reforms, the paper argues that modern corporate law is not merely a passive framework but a strategic policy tool shaping Asia’s entrepreneurial trajectory.

This research contributes to the broader discourse on legal modernization in Asia, highlighting how corporate law reform serves as both an enabler of economic dynamism and a reflection of regional competition in the global innovation economy.

This panel will consider key contemporary issues in law, governance and security in Asia, with a particular focus on Indonesia, including national security laws, the role of the military, and limitations on freedom of expression.

China’s economic experiments have attracted sustained scholarly attention, while the experiments in the judicial domain have received little notice. This article examines how the Supreme People’s Court (SPC) has emerged as a rule-maker through judicial experimentation. In contrast to the relatively modest legislature—the National People’s Congress (NPC)—the SPC has proactively issued judicial interpretations and documents to construct foundational legal norms in the private and commercial sector. Once proven effective in practice, many judicial rules will be codified into formal legislation by the NPC.

Situating the SPC within broader judicial development in Asia, this article identifies the distinctiveness of China’s judicial experimentalism. Unlike other Asian courts that derive rule-making legitimacy from constitutional mandates or common law traditions, the SPC operates with limited legislative authorization and legitimacy. It can even generate binding norms without any case basis. This article argues that, as part of China’s broader governance logic of “crossing the river by feeling the stones” in the post-Mao era, the legitimacy of judicial experimentalism is grounded in legal pragmatism and instrumentalism rather than formal legality. More broadly, this study may also contribute to judicial power expansion in Asia by highlighting how courts strategically construct authority within restrictive institutional environments.

Tsushima, a remote island situated between Japan and South Korea, is the third-largest island in Japan, with an estimated population of 30,000. Despite the fact that older adults comprise approximately 40% of the population—and the pace of demographic aging is rapidly accelerating—Tsushima has long been regarded as a “barren land” in terms of adult guardianship. Until recently, the number of adult guardianship cases processed on the island remained extremely low. This phenomenon is believed to result from a combination of economic, informational, and psychological barriers—commonly cited obstacles to access to justice—as well as Tsushima’s distinctive geographical isolation and tightly knit community structures. Consequently, the use of formal legal procedures in general, not only adult guardianship, has remained limited in this region.
A significant shift occurred with the arrival of a full-time public attorney from an urban area outside the island. Motivated by the question of why legal systems, particularly adult guardianship, were so underutilized in Tsushima despite evident demographic need, the lawyer engaged in a variety of collaborative efforts with local social service providers. Of particular note was her work in developing a framework for implementing corporate guardianship through the social welfare council in Tsushima. As a result of these initiatives, the number of adult guardianship-related cases increased substantially—from zero in 2015 to over 20 cases annually by 2020—with the trend continuing upward in subsequent years.
This study examines the dynamic process through which legal practice was adapted and expanded in a geographically isolated setting, with a particular focus on the role of the legal professional in facilitating systemic change.

At various points in international law history, certain states, despite having achieved independence and sovereignty, have experienced isolation within interstate relations due to the non-recognition of their government's authorities. the Government of Kosovo, the Taliban administration in Afghanistan, the government of Timor-Leste, the military Junta in Myanmar and Thailand, Maduro administration of Venezuela exemplifies cases in which governmental entities have either previously lacked, or continue to lack, formal recognition by other states. In fact, Article 3 of the 1933 Montevideo Convention and Article 1 of the 1949 Draft Declaration on Rights and Duties of States have become established principles of international law, affirming that the political existence of a state is independent of recognition by other states and every state has the right to choose its form of government. However, the realities of interstate relations often deviate from these principles. In practice, non-recognition has significant consequences, ranging from the rejection of diplomatic representatives to, most critically, the neglect of protection for civilian populations. The recognition of a government is often regarded as a determinant of the legitimacy of its authority as the constitutional power of the state, as well as of the legal personality of that state in international law. This paper analyzes the phenomenon of governmental recognition as experienced by Kosovo, Afghanistan, Myanmar, and Timor-Leste, Thailand, Venezuela and its implications for the development of international law over the past two decades. The study employs a normative legal research methodology, utilizing cases and literature review as its primary mode of data analysis. This paper hypothesizes that, in practice, the recognition of governments within interstate relations is subject to a vague conditional exception, which carries significant implications for the legal personality of states and the protection of civilians.

Abstract:

The project is called 'free nutritious meal' (MBG). This is a 'right populist wing' program, launched by Prabowo’s administration after winning electoral politics in Indonesia, 2024. Through a number of Presidential policies, this project has changed much the legal system that have tremendous impacts on budget policies, especially in the public service sectors, education, health, taxation, and many other budget cuts in the name of efficiency.

The fundamental issue in this project is how the government has enacted laws and its operational policies by orchestrating ‘progressive realization’ narratives, in the field of right to food. The narrative and underpinned laws are questionable due to little correlation to the fulfilment of the state’s responsibility in implementing right to food. On the contrary, this MBG political project actually spends funds on trillions of funds related to ‘food estates’ as part of ‘securitization’, which accelerate deforestation rate and damage natural resources excessively. Even, based on ‘food security’ program, Ministry of Defence has deployed military troops in securing such MBG’s projects. Hence, MBG has been enabling the acceleration of military business, ‘state captured corruption, as well as systematic human rights violation, including the restriction and even silencing criticism on MBG projects.

This article provides arguments on first, how the MBG’s right to food project has been easily manipulated through legal politics and its digital propagandas, in order to underpin military interference into business, and second, how a human rights project in a country can actually accelerate to systematic crimes of violating economic, social and cultural rights, through normalising abuse carried out by militarised governance as well as 'state captured corruption'.

The paper seeks to examine the concept of just energy transitions within the broader context of climate justice in India. The emergence of the discourse of ‘just energy transitions’ witnessed in the aftermath of the 26th Conference of Parties (COP26) to the United Nations Framework Convention on Climate Change (UNFCCC) has led to a revival of the debate on the meaning and application of just energy transitions. Despite its criticisms at the global level in terms of promoting narrow plurilateralism, the paper argues that within the domestic context, the framework can open avenues to contribute to the development of robust conceptions of climate justice at the subnational level. Providing the space for interrogating the vulnerable position of marginalized communities in India, it can explore how caste and gender identities have often worked to hinder equitable access to natural resources, thereby undermining climate justice at the subnational level. This is further compounded by the existing climate governance mechanisms which prioritize market mechanisms over rights-based approaches, and by the judicial discourses which often do not take into account the trade-offs involved in sustainable development policies and community rights. In this context, the paper explores how the lacuna of diverse perspectives in India’s domestic climate justice framework can be addressed by the emergent just energy transitions framework.

Accelerating resource depletion and environmental degradation have prompted a global shift from a linear to a circular economy. The EU has taken regulatory lead by introducing the Digital Product Passport (DPP) under the European Sustainability Due Diligence Regulation. Designed to ensure product-level traceability and sustainability compliance, initially for batteries and with planned extension to other sectors, the DPP imposes broad ESG disclosure requirements on all actors across global value chains (GVCs). As a precondition for EU market access, these obligations effectively extend EU regulatory authority into upstream jurisdictions.
This extraterritorial reach creates legal tensions with the data sovereignty regimes of upstream countries, particularly in Asia, where states such as China and Indonesia play central roles as raw material suppliers and component manufacturers. This paper addresses the following critical yet underexplored questions: What specific legal conflicts does the DPP generate in relation to Asian data sovereignty? What legal and geopolitical consequences might follow? Can existing international legal frameworks, such as the WTO Technical Barriers to Trade Agreement and relevant soft law instruments, effectively mediate these emerging conflicts? If not, what new legal mechanisms are needed to align unilateral sustainability regulations with coherent global sustainability governance?
This paper argues that the DPP, as an ESG-based unilateral sustainability regulation, generates significant legal tensions with the data sovereignty of upstream jurisdictions in Asia. Drawing on the cases of China and Indonesia, it shows how these tensions may provoke legal countermeasures, lead to the rise of competing national DPP regimes, and contribute to the fragmentation of GVCs. The paper demonstrates that existing international legal frameworks are ill equipped to manage such conflicts and proposes concrete legal mechanisms to enable more balanced and effective global sustainability governance.

Access to justice is generally discussed under the assumption that an individual has already encountered and experienced legal problems. There are physical, psychological, financial, and informational barriers to accessing the legal system to address such problems . However, similar to preventive medicine and care, some individuals may wish to access the legal system to prevent future legal issues. Accessing justice for preventive purposes is particularly important in middle and old age, as it becomes more difficult to deal with legal problems later in life. In such cases, individuals may face barriers when trying to access legal services . Therefore, this study aims to explore the preparatory actions of middle-aged and older adults regarding future legal challenges and to discuss the theory of “preventive access to justice” based on a survey analysis.
To identify people’s attitudes and preparations for future legal challenges, such as writing a will, arranging voluntary guardianship, and drafting advance directives, a web survey was conducted in February 2023. The author created the questionnaire, and a research company administered the survey to selected panelists. Over 3,000 survey panelists aged 50 to 69 completed the questionnaire, which consisted of two parts: preparation for inheritance and preparation for declining cognitive capacity . This study primarily focuses on the latter. The results showed that while more than 35% of the respondents identify the need to take action, such as creating an informal document, discussing with family members, or considering voluntary guardianship, far fewer respondents had actually made such preparations. Based on the survey results, the study discusses challenges in improving preventive access to justice.

Sustainable development, addressing climate change, poverty, and inequality, is central to contemporary international law. Nevertheless, the implementation often conflicts with traditional notions of sovereignty and state consent, leading to fragmented regimes that hinder collective action. Asian perspectives remain underrepresented in international jurisprudence, and many developing Asian countries face a profound dilemma between achieving economic growth and adhering to stringent sustainability standards, highlighting significant equity concerns in global legal frameworks.

This paper examines how judicial activism through systemic treaty interpretation by international tribunals can help reconcile these tensions. It provides an in-depth comparative analysis of landmark cases, notably the 2024 ITLOS Advisory Opinion on Climate Change and WTO dispute DS600 (Malaysia v. European Union), illustrating how tribunals strategically interpret treaties, particularly through Article 31 of the Vienna Convention on the Law of Treaties (VCLT), to expand obligations beyond the original text and better integrate environmental, trade, and human rights imperatives. The ITLOS opinion classified greenhouse gas emissions as marine pollution under UNCLOS, extending environmental responsibilities to Asian maritime states. Similarly, the DS600 dispute validated the EU’s climate-labeling approach, allowing sustainability criteria to influence market access and pressuring Asian exporters to adapt their supply chains.

Through a careful analysis of these and other selected decisions, the paper argues that judicial activism, balanced with respect for state consent, can effectively promote sustainable development. It ultimately proposes doctrinal safeguards ensuring tribunals respect sovereignty concerns while employing interpretative flexibility to address urgent transboundary sustainability challenges in Asia and beyond.

In terms of AI-assisted trial to the substantive justice, AI-assisted trial can promote the stability of laws and the purposefulness of the past orientation, but there are obstacles to the value judgment of laws and the purposefulness of future orientation. at present, the human-machine fusion path is used to construct the human-machine relationship in the trial, and the robot judge can be considered in the future.

In many countries around the world, the military is back as a legal actor. This was evident in 2023 when the Secretary General of the UN called for an end to military rule. However the military is not only involved in governance through overt military rule. In many countries, the military is a persistent and long term legal and political actor, particularly in parts of Africa and Latin America as well as across Asia. In the latter, examples range from the role of the military in Myanmar to Thailand, Sri Lanka, Indonesia and Pakistan. This paper offers an exploration of the military as a legal actor from a sociological perspective. I begin by considering the military as an institution and its distinctive features, which have long been the focus of political scientists and security sector studies scholars. I identify and explain several broad ways of conceptualizing the military and its role in governance: the military as subordinate to civilian institutions; the military as an infiltrator of civilian institutions; or the military as a fourth branch of government. Adding to the military turn in studies of constitutionalism, I then suggest a future agenda for the study of the military and its relationship to law in society that requires us to make explicit our standard assumptions that the state and its legal institutions are civilian. This paper contributes to studies of constitutions in authoritarian regimes and to studies of constitutionalism in the Global South.

ASEAN is an ethnically diverse region with abundant natural resources that contribute significantly to global economic growth and stability. At its core, the ASEAN community strives to foster peace, collaboration, and sustainable resource usage in order to improve the quality of life for all of its citizens. ASEAN is an international organization in the South East Asia region that comprises member states with diverse and abundant natural resources, one of which includes nickel. Nickel exploration, exploitation, and export is currently referred to as "The New Gold" in global trade and economics. This resource is like a two-sided coin; it has a good impact on economic growth while simultaneously having a detrimental impact on environmental aspects such as biodiversity loss. The global shift from fossil fuels to clean energy technologies encourages ASEAN to actively participate in a strict and consistent role to hegemonize an uncontaminated environment and create a flourishing society.

This study investigates public responses to artificial intelligence (AI) in court-annexed mediation—a setting in which disputing parties retain decision-making authority, unlike adjudication contexts examined in prior research. Using a web-based experiment with 1,000 participants, the study examines reactions to two distinct AI roles: procedural (chatbot mediator) and substantive (AI-generated settlement proposal). Results indicate that initial public skepticism toward AI mediation is significant but diminishes notably after participants engage with the process and review the settlement proposal. Indeed, AI-generated plans were often judged fairer and more accurate than those drafted by humans. Additionally, neither chatbot mediation nor AI-drafted plans significantly affected willingness to accept the plan or satisfaction with the mediation process itself. Transparency strategies also influenced
acceptance: global (generalized) explanations effectively increased acceptance when paired with procedural AI, whereas local (case-specific) explanations backfired with human-authored proposals. Thus, this study suggests that integrating AI into mediation can simultaneously enhance efficiency and legitimacy—provided participants maintain ultimate decision control and transparency approaches align with user expectations.

Disabilities have not yet become an important component of Indonesia's criminal justice system, even though the Sustainable Development Goals (SDGs) place persons with disabilities in its seventeen development goals, and promise "development for all" in sustainable development agendas. This raises questions about the role of institutions and the problem of disability in dealing with the law. Through literature review, observations during January-July on Case Number 159/Pid.Sus/2025/PN Mks, interviews with forensic psychologists, regulatory analysis and decision analysis. The results of the study show that although the role of institutions has not made people with disabilities an important component, there are opportunities for optimization based on several problems that occur. The opportunities are in the form of the implementation of existing legislation, training for Law Enforcement Apparatus, standardization of procedural standards, the use of forensic psychologists and the development of contemporary criminology approaches.

This paper examines a forgotten part of Indonesian history involving three actors: the Sultanate of Aceh, the Italian government, and the informal emissary Celso Cesare Moreno. Between 1860 and 1873, Aceh attempted to break its diplomatic isolation by seeking protection from European powers, including France, Italy, and the United States. This search, embedded in a hybrid framework of Islamic law, adat, and regional power logic, failed due to the incompatibility of legal languages, the ineffectiveness of self-appointed intermediaries, and the indecision of emerging European actors.
Methodologically, the study combines diplomatic archival research (Italy, NL), textual analysis of Acehnese court chronicles (Hikayat Aceh, Hikayat Perang Sabil), and legal-historical evaluation. Central to the narrative is the case of Celso Moreno, a Piedmontese adventurer who married Princess Fatimah, daughter of Sultan Ibrahim Mansur Syah. Under adat and Islamic norms, this marriage created a form of symbolic adoption, allowing Moreno to act as an emissary. However, his initiative was undermined. Aceh’s initiative sounds erratic but was not completely naive: it reflected a sophisticated attempt to survive through legal innovation. Letters were sent to the Ottoman Empire, Napoleon III, and the US Secretary of State; diplomatic missions were planned and executed; strategic marriages were employed. But all these attempts failed in front of the European/Western system to recognize a non-European legal actor and for the pressure of the national interest of the Kingdom of Netherlands in the region. This paper thus reconstructs a threefold failure: Aceh’s thwarted bid for recognition, the structural limits of informal mediation, and the Italian state’s dismiss of this too much hazardous colonial opportunity. In doing so, it reframes “peace-making” not as a matter of treaty-making per se, but as a historically contingent negotiation between incompatible legal ontologies and national interest alignments.

How does the illegal stablecoin market operate in Mainland China?
Based on 30 semi-structured interviews, this study examines the
mechanism of the stablecoin market in China, focusing on the
transaction behaviors of retail investors and OTC brokers. The
stablecoin market in China manifests in three scenarios: online
exchanges, including C2C (customer to customer) trades, semi-C2C
trades and off-platform trades. This study explores the risks faced by
Chinese participants in the stablecoin market and how they manage
these transaction risks without state protection. This research provides
empirical insights into a non-Western illegal market, enriching
criminology literature in this field.

Keywords: cryptocurrency, stablecoins, illegal market, risk, credible
commitment, trust

National security laws and policies must evolve with the changing nature of multidimensional threats, following best-practice responses. The Republic of Indonesia is no exception. Security threats to Indonesia as a nation now involve a broad range of actors, across areas such as social unrest, terrorism, natural disasters, pandemics, cyber threats and transnational criminal organisations. In recent years, Indonesian law has been slow to keep pace. Indonesia not only maintains a military-centric approach to national security law and practice , but also perpetuates a fragmented web of sometimes-conflicting legal instruments, leading to institutional rivalry and inefficiency.

This paper evaluates Indonesia's legislative approach to national security. The paper first explores the prevailing security threats in Indonesia, including security threats generally overlooked within government and public discourse. Next, the paper brings all of Indonesia’s security-related laws and regulations together in one place, analysing the historical development of Indonesia’s national security laws to date and assessing whether these laws are still fit for purpose, noting Indonesia’s longstanding preference for a military-based approach over a civil-based one in shaping its national security policies. The paper concludes by suggesting areas of potential reform, both for the country itself and for similarly-situated nations looking to Indonesia as an example.

In the valleys of Manipur, one of the northeastern states of India, a unique form of alternative justice has emerged from the grassroots. The Meira Paibi translates as "women torchbearers." It represents more than a social movement; it embodies a sophisticated community-based justice system that has filled the vacuum left by formal institutions in a conflict-affected region like Manipur. The present study examines the remarkable evolution of the Meira Paibi movement from its origins as an anti-alcohol campaign in 1977 to its role as a comprehensive alternative justice system in Meitei society. In this study, an ethnographic analysis explores how these women have created and sustained alternative justice mechanisms that address social issues ranging from domestic violence to drug abuse, functioning as quasi-judicial bodies within their communities. The research demonstrates how women's collective activism can create parallel governance structures when formal institutions fail to address community needs, particularly in conflict-affected regions under militarised control.

This paper examines the role of Indonesia's Constitutional Court and Supreme Court in the 2024 elections, during which President Jokowi's eldest son, Gibran Rakabuming Raka (Gibran), successfully ran for the vice-presidency, and his younger son, Kaesang Pangarep (Kaesang), was prevented from running for Jakarta's gubernatorial election. Through detailed analysis of the presidential age limits case, the post-election dispute, and the gubernatorial age limits cases, we investigate whether the judiciary was instrumentalised to legitimise dynastic politics. In addressing this question, we seek to trace the ways in which the Constitutional Court and the Supreme Court may have acted to undermine democracy by serving the political objectives of the Jokowi administration. In addition, we highlight the role of civil society and public engagement in resisting political dynasties, as demonstrated by the successful challenge of Kaesang's candidacy in the Jakarta's election. Using doctrinal and socio-legal approaches, we aim to contribute to the academic literature on the judiciary's influence during elections in a fragile democracy such as Indonesia.

The pivotal role that the private sector plays in serving the interests of future generations has received renewed awareness in recent years. This article takes a deeper dive into corporate sustainability due diligence responsibilities from a global perspective. In 2024, the European Union (EU) adopted the Corporate Sustainability Due Diligence Directive (CSDDD), aiming to foster sustainable and responsible corporate behavior within companies’ operations and across their global value chains. The directive requires companies to identify and address the adverse impacts of their activities on human rights and the environment, with respect to their own operations, their subsidiaries, and the operations of their business partners along the companies’ value chains. In 2025, the European Commission proposed the Omnibus package, seeking to reduce the regulatory burden imposed by major sustainability-related frameworks in the EU, including the CSDDD. Furthermore, several EU member states had already introduced due diligence legislations at the national level prior to the CSDDD.

While these frameworks have been welcomed by many, they have also raised critical questions, such as whether they could be attempts to universalize European values while reinforcing existing power hierarchies. This article seeks to contribute to the field by examining the CSDDD from a Global South perspective. It analyzes the impact of the framework – particularly in light of the amendments introduced by the Omnibus package – in major emerging markets such as China. The purpose is to shed light on the importance of Global South communities developing their own due diligence legislations. In the absence of such efforts, there might be a substantial risk that the Global South will (overly) rely on legal frameworks originating from the Global North, thereby reinforcing the existing asymmetric relationship between the two.

As Southeast Asia continues to face challenges in building inclusive and just legal systems, the need to reconsider the tools used in legal advocacy is becoming increasingly urgent. While legal research in Indonesia has traditionally relied on qualitative and doctrinal approaches, this paper argues that quantitative legal research holds significant yet underutilized potential as a data-driven narrative tool to challenge legal inequality and support policy reform.

This study demonstrates how measurable figures, observable trends, and statistical patterns can strengthen demands for justice. Using a case study of local regulations (Peraturan Daerah) from various regions in Indonesia, the paper examines the presence or absence of non-discrimination clauses intended to protect marginalized groups such as persons with disabilities, Indigenous communities, women, and the poor.

This research also emerges from the concern that law students in Indonesia are mostly exposed to qualitative approaches such as doctrinal, normative, or philosophical methods, while quantitative methods are rarely introduced systematically in classrooms—either conceptually or technically. As a result, many students remain unaware that legal issues can be analyzed statistically, and that numerical data can serve as a powerful instrument to evaluate the effectiveness of legal regulations and their implementation.

Through the coding of data from 30 selected local laws and statistical analysis using SPSS software, this study identifies patterns of exclusion and interprovincial variation, providing concrete evidence that can influence policymakers. The findings show that quantitative data can reinforce legal arguments by offering reliable and compelling evidence, thereby supporting stronger calls for reform. Ultimately, this study highlights the importance of methodological pluralism in legal studies and emphasizes the role of data in promoting justice and inclusivity within Southeast Asian legal systems.

Board of Trustees Meeting.

This paper examines two responses to the global constitutional crises in the twentieth century, with a focus on a comparison between Carl Schmitt, a notorious German political theorist and critic of liberal constitutionalism and Zhang Junmai, a constitutionalist in Republican China. After the First World War, both Germany and China experienced constitutional crises, which prompted critical reflections among intellectuals. My paper is the first to discover and examine the latent element of Carl Schmitt in Zhang Junmai’s acceptance of the Weimar Constitution. By examining the intertextual relation between Carl Schmitt and Zhang Junmai, this paper reveals a latent aspect of the spectrum of Constitutionalism in the twentieth century and shows a special dialogue between a German critic of constitutionalism and a Chinese constitutionalist.
While Zhang seems to have simultaneously read and accepted parts of the ideas of Carl Schmitt and Schmitt’s liberal rivals, a hidden side in Zhang Junmai’s thought is his
acceptance of Schmitt’s critique of liberal understandings of the state and Rechtsstaat. My research is also the first to deeply explore the hidden intellectual impact of Max
Weber and Carl Schmitt on Zhang Junmai, especially on several key issues related to the
politics of the nineteenth and twentieth centuries, such as the sovereign and sovereignty,
the depoliticising bourgeois intellectuals, the rise of economic interests and the decline of
politics and state theory, and so on.

The concept of institutional articulation denotes the strategic integration of Western-derived legal systems with the religious traditions and political contexts of Muslim societies, fostering novel institutional functions and plural legitimacy structures. This paper empirically examines Malaysia to explore how states selectively mobilise five dimensions of legitimacy—legal, religious, doctrinal, customary, and social—to enhance governance legitimacy.
In Muslim states, the institutional integration of religious authority and political power complicates the Western legal distinction between religion and state. While this integration raises concerns regarding legal stability and individual rights, it also offers significant benefits, particularly in bolstering governance legitimacy and maintaining social order. Religious authority is inherently pluralistic, encompassing diverse interpretations, regional customs, and societal endorsement. Such multiplicity presents institutional management challenges, notably in defining authority boundaries and ensuring normative coherence.
This study investigates how religious authority is institutionally embedded within state governance frameworks, shaping legitimacy formation. Drawing on the concept of institutional articulation as discussed by Talal Asad, Hussein Ali Agrama, and Sally Engle Merry, it highlights the dynamic interactions between state and religion beyond mere normative coexistence.
Using a "plural legitimacy" framework, the research traces the evolution of religious authority from doctrinal legitimacy through institutional acknowledgment, acquiring legal status, and finally gaining widespread social acceptance. Comparative analyses of Malaysia, Morocco, and Egypt reveal varied state strategies for institutionalising religious authority: Malaysia strategically mobilises multiple legitimacy dimensions, Morocco centralises authority under its monarchy, and Egypt navigates a delicate equilibrium between doctrinal autonomy and administrative oversight.
Ultimately, the research repositions Islamic modernity as a distinctive form of contemporary governance, underscoring institutional negotiation rather than simplistic separation or fusion of religion and state.

The growing inability of international investment law to address pressing social inequalities reveals a structural disjunction between legal norm production and the evolving demands of global society. This article examines how institutional design can serve as a conduit for integrating social feedback into international economic law, particularly through comparative insights drawn from Asian legal systems. Using a law-and-society framework, the paper explores how selected jurisdictions—such as China and Japan—demonstrate a distinctive mode of judicial–legislative interaction, wherein courts provide interpretive input without displacing legislative authority. This model facilitates legal adaptation in response to social change, while maintaining coherence with sovereign decision-making structures.

Building on this institutional logic, the article reimagines sovereign states as active legislative agents in international treaty reform, rather than as passive subjects of international adjudication. It proposes a feedback-based model of treaty evolution in which domestic legal interpretation and adjudicative outcomes inform international legal development through structured state engagement. Particular attention is given to the treatment of property rights—a core component of investment law—highlighting how Asian jurisdictions embed social values into economic rights in ways that challenge liberal orthodoxy.

This comparative institutional perspective contributes to broader debates on the legitimacy and adaptability of international investment regimes. It suggests that integrating pluralist and socially grounded legal traditions—rather than relying solely on formalist or universalist approaches—can enhance the normative responsiveness of investment law. By conceptualizing legal institutions as mediators between international norms and domestic social demands, this article offers a reform-oriented framework grounded in both empirical practice and theoretical insight.

International investment arbitration, while not formally bound by ‘stare decisis’, exhibits significant reliance on prior arbitral awards in practice. This article examines the ‘de facto’precedent effect of such awards, their legal implications, and resulting systemic challenges. Despite lacking mandatory authority, prior awards acquire "persuasive authority" through tribunals' pursuit of consistency, disputing parties' strategic citations, and legitimacy concerns.
This practice, however, generates critical issues: (1) Fragmentation and inconsistency in interpreting core standards (e.g., Fair and Equitable Treatment, indirect expropriation) due to the absence of hierarchy; (2) Legitimacy challenges regarding tribunals' law-making role and respect for state intent; (3) Risks of path dependency amplifying early or flawed rulings; and (4) Potential erosion of case-specific analysis.
Reform pathways are evaluated to balance precedent's value and risks: enhancing state control via precise treaty drafting and joint interpretations; establishing soft precedent mechanisms (e.g., non-binding digests); exploring appellate mechanisms (as in new-generation treaties); and promoting rigorous arbitral practice requiring clear reasoning when engaging precedents.
The study concludes that arbitral precedent remains indispensable yet contested, fostering efficiency and coherence while exacerbating fragmentation and legitimacy concerns. Sustainable evolution requires multilateral reforms, active state engagement, and disciplined arbitral practice to achieve greater transparency and consistency in investment law.

According to IMF statistics, Japan's nominal GDP per capita has fallen to 38th place (2024). Aside from the ranking, the fact that the figure has not increased for over 30 years and has been declining in recent years is a bigger problem. Japan's relative decline in economic power is leading to a loss of confidence in the structure of Japanese society and among the Japanese people, bringing about various changes. One of the biggest changes is how we interact with foreigners.
For many years, Japan and the Japanese people have had a strong sense of confidence in their title of "advanced nation," and have believed that they are superior in every way, especially to other Asian countries. However, this is an illusion, and Japan and the Japanese people, who have neglected to change, are likely to perceive diversity as "fear." What lies ahead is a new "攘夷"(JYOU-I, expulsion of foreigners) policy in the 21st century, and a further decline in Japan's international status.
In this session, researchers in their 30s to 60s with extensive knowledge of Asian countries will discuss the vulnerability of Japanese society from various perspectives, including community, education, information, and law, and consider the role of law and society.

In post-authoritarian democratic states, how do constitutional courts deal with the authoritarian-era structures that persist into the democratic present? One such structure is national security law—a legal tool favored by authoritarian regimes and one whose legacy can disrupt the landscape of a post-authoritarian democracy. Although many studies have focused on national security law in hybrid or authoritarian regimes, far fewer studies have explored the law’s ramifications for post-authoritarian democracies. In this study, I adopt an interdisciplinary approach to examine how the constitutional courts in South Korea and Taiwan—two post-authoritarian democracies with similar trajectories—navigate these legal legacies. The Korean Constitutional Court exhibits an exceptionally deferential posture, grounded in a fixed perception of security threats that remains unchanged despite regime transition. In contrast, the Taiwanese Constitutional Court interprets pre-democratization security narratives as artifacts of the former regime, requiring reinterpretation and transformation over time. This comparative analysis shows how courts engage with authoritarian legacies through the lens of national security, shaping not only liberal democratic values but also evolving concepts of threat and collective security. In doing so, they contribute to the ongoing constitutional negotiation between liberty and security at the heart of post-transition constitutional democracy.

Accepting foreign talent is not so easy these days. Japan's declining competitiveness means that it is no longer an attractive labor market, and it is falling far behind in the race to attract foreign workers. However, more serious than these issues is the fact that Japanese society as a whole is intolerant of foreigners, or, to put it more simply, that it feels "fear" towards them. It seems that even the Japanese themselves have a certain belief that "Japanese people are weak," and this "belief" is likely to be contributing to the xenophobic style of Japanese society.
In this report, I will ask the question, "Are the Japanese weak?" and approach the essence of the problem, especially from the perspective of education, while taking into account Japan's modern history. More specifically, through an analysis of social studies education after the Pacific War, I would like to clarify why Japanese people have come to believe that Japanese society is weak.

In an era striving for greater understanding and equity, the global stage is witnessing a disconcerting surge: the rise of anti-Diversity, Equity, and Inclusion (DEI) movements in the United States. These movements, far from being disorganised, employ sophisticated legal and political strategies to dismantle frameworks designed to foster inclusivity. Fueled by conservative ideologies, they rebrand DEI efforts as divisive or antithetical to meritocracy, potentially emboldened by shifts in political power.

This paper explores the international implications of these anti-DEI strategies, specifically how the legal and political approaches seen in the US under the Trump 2.0 administration might influence emerging DEI initiatives in select Asian legal systems, and the resulting impact on achieving substantive justice in the region.

This research employs Dixon and Landau's abusive constitutional borrowing framework, analyzing how liberal constitutional concepts are twisted for illiberal ends. Using a doctrinal approach, the paper interprets legal sources to understand principles, their evolution, application, and impact. The aim is to create a new framework for comprehending how liberal arguments are used against DEI, guiding the creation of legal and policy counter-strategies to safeguard justice and inclusion in Asia.

The anti-DEI movement in the US employs legal and political strategies that fuel transnational trends. This could manifests in Asia through abusive borrowing via ideological diffusion, policy mimicry, and economic or geopolitical spillover.

This paper examines how anti-DEI manifestations in Asian jurisdictions, like Indonesia, use concepts such as religious harmony against minorities, public order against LGBTQ+ individuals, and meritocracy against gender equality. Similar trends in other Asian jurisdictions reveal diverse vulnerabilities. The transnational anti-DEI movement threatens DEI progress in Asia by eroding minority protections, undermining substantive equality, and challenging critical legal thought. Thus, addressing external anti-DEI movement is vital for protecting DEI in the region.

Regulating environmental and human rights damages caused by transnational corporations in host States is a core issue in business and human rights discourse. In current regulatory practices, host States, which are territorially based and should bear primary regulation responsibility, face dual challenges at both domestic and international levels, leading to their continued marginalization. Specifically, host States as TNC damage regulators are constrained domestically by territorial jurisdiction limitations and internationally by the neoliberal international economic order exemplified by investment protection mechanisms. Taking China as sample, it currently lacks a comprehensive regulation system to address TNC damages; while domestic constraints manifest as the marginalization of judicial regulation, the absence of corporate duty of care, and inadequate extraterritorial regulation effectiveness, international constraints are reflected in the absence of foreign investor obligations in investment agreements and the asymmetry of dispute resolution clauses, challenging regulatory sovereignty. As China continues to advance its policy of high-quality opening up, the risks of negative externalities from transnational capital will continue to increase, necessitating a focus on building and perfecting a regulation mechanism for TNC damages within the framework of international law. To address domestic constraints, it is essential to clarify the division of regulation responsibilities between judicial and administrative bodies, promote the normalization of judicial regulation, and enhance judicial oversight of governmental settlements. Improving the choice of law rules for cross-border torts and the standards for parent company liability for omissions, and enhancing extraterritorial judicial effectiveness through transnational judicial dialogue and cooperation mechanisms are also crucial. To counteract international constraints, specifying investor obligations in investment treaties and designing symmetrical dispute resolution clauses are indispensable to eliminate regulatory chill. Additionally, actively advancing the implementation of TNC obligations in business and human rights treaty negotiations will lay an international legal foundation for the regulation sovereignty of host States.

The Constitution of the Republic of Korea is the supreme law of the Republic of Korea (South Korea). Between 17 July 1948, the date of adoption of the first Constitution, and 1987, the Constitution was amended nine times. South Korea adopted its current democratic constitution on 29 October 1987.
The Constitutional Court is an institution established to safeguard the Constitution and guarantee the basic rights of the people. Founded and grown alongside the current 1987 Constitution, the Constitutional Court has dedicated ceaseless efforts to cultivate democracy and the Rule of Law. Now, its achievements are recognized not just within our country but also globally. In recent times, our society is undergoing rapid changes, presenting us with new tasks and challenges. The Constitutional Court will respond to these changes while maintaining allegiance to its basic principles.

International financial institutions (IFIs) exert substantial influence over the food policies of their member States, and finance projects that significantly affect the food situation in these States. Despite this, the question of whether they have legal obligations to ensure the respect for, protection, and fulfilment of the right to food remains unclear. This article explores the possible obligations of the Asian Development Bank (ADB), one of the most powerful IFIs in the Asia Pacific region, in relation to the right to food. First, the article argues that the ADB has indirect human rights obligations through its member States, the majority of which are legally obligated to implement the right to food. Second, it explores other bases upon which ADB may be bound directly under international law. It argues, first, that the right to adequate food may have evolved into a customary norm; and second, that the ADB is a subject of international law and is thus bound by customary norms. It concludes that at a minimum, the ADB has an obligation to respect the right to adequate food, but there is no sufficient basis yet to explicitly claim that the ADB has an obligation to protect and fulfil such right. Nevertheless, the ADB has taken actions that align with the protection and fulfilment of the right to food.

One may say that a state ceases to exist if it is annexed by another state. But what if the annexation is regarded as unlawful? In the world of norm, the annexed state may be recognized as existent despite its inability to exercise sovereignty, as the annexation is null and void. If the foreign rule comes to an end, the once annexed state may assert its identity and continuity with the state before annexation. In so doing, it would make its citizenship law in a way that underscores the continuity of peoplehood. Estonia and Latvia carried out this project in radical ways even to the point of making a large percentage of residents stateless by turning the clock of law back to a point more than half a century before. The Republic of Korea’s position vis-à-vis Japan is comparable notwithstanding weaker international recognition. This study examines major discursive practices of the Republic of Korea in asserting its identity and continuity with the pre-annexation Korean state with reference to the genealogical explanation of its citizenry. It shows the commitment of the Republic of Korea to its integrity of statehood penetrating its executive and judicial practices with all gaps in its discourse.

The abstract of the first paper (in no more than 200 words): In recent years, Japan has begun to accept more foreign workers as result of labor shortages. However, tensions have emerged as individuals of different nationalities attempt to live together in shared communities. While Japanese society continues to advance toward individualization, some foreign residents place a higher value on ethnic solidarity, leading to differences in daily customs, values, and communication styles. These differences have, in certain instances, escalated into community-level conflicts and even riots. Such cases are no longer isolated but reflect a broader global trend in increasingly diverse societies. This study examines the friction that arises between the ideals of diversity and the practical challenges of everyday coexistence. By focusing on the Japanese context as a microcosm of global multicultural tensions, this paper explores whether a balance can be struck between individualistic and nationalistic tendencies. It also considers how societies might foster mutual understanding without compromising the core values of either group. This inquiry contributes to broader discussions in contemporary sociology on how to reconcile growing diversity with the persistent influence of cultural and national identities.

The constitutional and political development of Asian states has been vibrant and dynamic. While some have advanced toward democratic constitutionalism, others have witnessed a return to authoritarian rule. A similar pattern can be observed in Southeast Asia: while certain states are preparing for another round of elections, Myanmar’s elections remain suspended under military rule following the 2021 coup. Further, although textual changes to constitutions are relatively rare, both progressive and regressive developments can be observed in states’ constitutional practices. This raises questions about the underlying drivers of these developments within the regional context.
The Association of Southeast Asian Nations (ASEAN), composed of ten member states with diverse governmental structures, cultures, and levels of democratization, has since its 2007 transformation adopted the rhetoric of promoting human rights and democracy. However, the trajectories of its member states remain divergent. This paper aims to present an overview of constitutional progress and regression in Southeast Asia by examining developments across the ten ASEAN member states. It further seeks to identify regional factors that may drive these changes—for better or for worse. ASEAN’s responses to regime changes and human rights violations, organizational culture, as well as the translation or dilution of international norms at the regional level, are likely to play a critical role.

In recent years, Asian countries have been made efforts to jointly addressing sustainable development issues with developed regions of the EU through trade cooperation frameworks. Especially, Japan, South Korea, Vietnam, and Singapore, have incorporated Trade and Sustainable Development (TSD) chapters in their Free Trade Agreements (FTAs) with the EU. The key question remains: Can TSD obligations in EU FTAs function as independent commitments beyond trade rules, and why do labour and environmental provisions face divergent interpretations in their legal implementation?

This study examines the divergent implementation of labour and environmental provisions in EU FTAs through case studies of the Ukraine Wood Products and Korea Labor Commitments disputes. The Ukraine case established that environmental measures could qualify under the General Agreement on Tariffs and Trade Article XX(b) exceptions. Conversely, the Korea case confirmed labour provisions set the independent obligations that do not always need to fulfill the condition of trade-related. The research finds that environmental provisions are easier to align with the World Trade Organization (WTO) rules, while labour provisions face broader interpretation challenges. Because most developing countries resist addressing labor issues through trade mechanisms, while environmental issues present sufficient practice and consideration in the WTO.

The paper suggests that it is necessary to establish a strategic interpretation rule: Labour provisions require more cautious interpretation guided by the International Labour Organization (ILO) standards and practices to prevent excessive overreach. The environmental provisions, however, can serve as the connection between TSD obligations and existing trade-related rules. An inclusive approach is needed, ensuring labour protections remain reasonable while using environmental rules to bridge trade policy with sustainable development goals. By doing so, the practical significance of the TSD provisions can be reflected in promoting sustainable development goals and further interpreting trade-related rules.

Abstract：
Article 6(1) of South Korea’s Constitution grants treaties and customary international law domestic legal effect, yet constitutional jurisprudence remains reluctant to directly apply international human rights norms, often relegating them to peripheral references. This conservative approach constrains fundamental rights protection and contradicts constitutional commitments. To bridge this gap, this study examines procedural reforms enabling more robust engagement with international human rights standards in constitutional adjudication.

Focusing on standing requirements, procedural frameworks for norm invocation, judicial gatekeeping practices, and evidentiary treatment of international materials, the analysis employs comparative and case analysis methods. Key proposals include broadening locus standi for rights claims, creating dedicated procedural channels for human rights arguments, and developing clear evidentiary standards for international sources. These reforms aim to transform the Korean Constitutional Court into an institution capable of meaningful dialogue between domestic and international law.

In the 1930s, Japanese economist Kaname Akamatsu coined the term “flying geese” to describe Asia’s dynamic patterns of industrial development. In this model, once a lead economy upgrades into higher-value industries, it relocates lower-value production to “follower” economies in sequential waves. Production networks thus flowed from postwar Japan (the proverbial lead goose) to the four Asian Tigers to Southeast Asia’s emerging markets and a soon-soaring China. China's meteoric rise spun complex webs of supply chain linkages, fragmenting the classic paradigm.

This Article investigates the legal foundations undergirding the dynamics of Asia’s regional industrial policy. Unlike the European Union, which envisions a single, unified market to promote market access, integration in Asia started off first through production networks. A key feature has been supply chain coordination, articulated through production-sharing arrangements. In these arrangements, multinationals such as Mitsubishi, Toyota, and Samsung negotiated with ASEAN governments to divide up and allocate their supply chains among participating countries (for example, in automobiles, starter motors for Thailand, compressors for Indonesia, other electronic parts for Malaysia, so on). The ASEAN Free Trade Area, launched in 1992 to echo broader global trends in liberalization, did not erase but was layered atop these cross-border industrial coordination schemes.

Asia's foothold in global supply chains was thus not a story of unfettered free trade but cautious, coordinated expansion of trade that mitigated between global trends, regional opportunities, and national interests. Not all efforts were successful—many ASEAN economies have yet managed to upgrade. But the ‘fragmented flying geese’ paradigm, seen as not just an economic phenomenon but a series of legal experiments on regional industrial policy, can hold insights for the current international economic order, with renewed focus on state intervention and regionalization.

One of the many German imports in South Korea’s constitution is the idea of ‘militant democracy (streitbare Demokratie)’. According to most commentators, as well as the Korean Constitutional Court, the term ‘free democratic basic order (chayumijujok kibonjilso)’, mentioned in the preamble and article 4, is evidence that the Korean constitutional order is committed to militant democracy. Indeed, this term is a literal translation of freiheitliche demokratische Grundordnung found in the German Basic Law, which has served as the textual basis for the proposition that postwar Germany’s constitutional order is not neutral and is willing to preemptively guard against ‘enemies of democracy’. This article intends to scrutinize the claim that Korea’s constitution is also dedicated to militant democracy. Specifically, it will interrogate the various ways in which ‘free democratic basic order’ has been used, misused, and abused by Korean courts and academics. By analyzing the historical changes in the constitutional text as well as the interpretations of the Constitutional Court, it will be shown that the term is the subject of massive confusion and misunderstanding. This means that approaching the Korean constitution through the German concept of militant democracy is liable to produce inaccurate and incorrect understanding. The article is thus meant to be an exercise in comparative constitutional law as well as a social and historical investigation into (mis)appropriations of legal ideology.

In this paper, from the standpoint of information sociology, I would like to sketch an emerging "New Nationalism" 2025, in Japan.

There’s no need to give statistic prove here “Lost 30 years’” are real situation, involving economic inflation after long stagnation resulting countless social problems. It is often said Japanese Nationals are modest and obedient, non-assertive even under the long-lasting political regime by the Liberal Democratic Party.

But now especially involving young generation, we can clearly observe there are forming "New Nationalism" and even social movements centered young generation, especially utilizing SNS in Japan. One of the result is seen in the winners of Tokyo Metropolitan Assembly election. Main topic was around Government Tax usage and immigrant polity.

We can point out here “New Nationalism” is forming throughout the internet media and even in traditional media. There are several aspects Nationalism here. "For some, nationalism is a fully-fledged ideology and the central principle of society. For others, it is just one of the political doctrines" (Heywood 2012).

Reference:
Abe DN Naoki 2024, “Analysis of Exchanging Value as a Method of Information Sociology: Taking examples of Credit Scoring and Evaluation Service by Social Credit System like Sesame Credit in China”,  Journal of Intelligence Science in Local Research, 1(1) 41-53

Abe DN Naoki 2023, “Disembedding and Re-embedding in Information Society : Unstoppable Process of Identification and Loss of the Unique Identity and Identification of Process“, Bulletin of Oita Prefectural College of Arts and Culture, 60 177-184

Heywood A., 2021, Political Ideologies: An Introduction, Bloomsbury Academic

This paper explores how to incorporate care as a constitutional value. Beyond the legal domain, the concept of care has been developed in ethics—particularly in ‘care ethics’—and in political theory under the notion of ‘care democracy’. These perspectives contend that care is not merely a personal moral obligation but a fundamental element of social justice. The structure of care consists of three elements: a caregiver, a care recipient, and affirmative actions undertaken to prevent the deterioration of the care recipient’s well-being. Drawing on Hans Jonas’s principle of responsibility, this paper argues that incorporating care as a constitutional value is possible by recognizing two points. First, a power imbalance exists between the government and individuals. Second, the degree of the care obligation is proportional to the degree of power imbalance between the caregiver and the care recipient. The Korean Constitution already contains provisions that resonate with this understanding of care. Article 10 enshrines human dignity and imposes upon the state a duty to respect, protect, and fulfill constitutional rights. It reflects a care obligation arising from the structural power imbalance between the government and individuals. The constitutional principle of the social state embodied in the Korean Constitution can be explained by the idea that the state bears a care obligation toward those in need. A constitutional principle of a “care state” can be formulated as follows: “In situations of power imbalance, the exercise of state authority must aim to sustain, protect, and promote the well-being of those who hold less power.” Constitutionalizing care is not a purely theoretical endeavor. Rather, it offers a framework for ensuring that the exercise of public power is aligned with a commitment to sustain less powerful constituents of the state, including future generations, non-human beings, and even cultural heritage.

This paper explores how the legal harmonisation of multimodal transport under the ASEAN Framework Agreement on Multimodal Transport (AFAMT) reflects and confronts the deeper paradoxes of ASEAN regional integration. Just as multimodal transport aligns distinct transport modes into a seamless operation, ASEAN’s broader integration must reconcile legal, economic, and cultural diversity within a coherent framework. The AFAMT symbolises this ambition. It aims to reduce legal fragmentation through minimum harmonisation and mutual recognition approaches. However, full implementation remains incomplete. Persistent challenges, particularly uneven development, legal uncertainty, and institutional constraints, continue to obstruct progress. These difficulties mirror ASEAN’s core dilemma on how to build a unified regional framework while respecting the diversity and autonomy of its member states.
This paper argues that the AFAMT is not merely a technical legal instrument for transport integration but a regional legal imperative that encapsulates ASEAN’s aspiration for unity in diversity. Harmonising multimodal transport law is both a practical necessity and a normative commitment to regional coherence. It embodies the effort to achieve functionality without uniformity and coherence without centralisation. Realising its full potential requires a coordinated, inclusive, and flexible approach that supports institutional strengthening and equitable legal development across the region. In this way, multimodal transport integration reflects ASEAN’s deeper pursuit of “one vision, one identity, one community.”

The import ban on used clothing imposed by the Indonesian government as an effort to protect the environment often clashes with the social and economic realities of the community, particularly small and medium enterprises in the thrifting business. In the context of international law, this policy needs to be reviewed for compliance with Article XX letter b of GATT 1994, as well as the potential for concrete evidence related to health contained in imported used clothing. The objectives of this study are: 1) to analyze the social impact of the ban on imported used clothing on the community and thrifting businesses. 2) To ensure that imported used clothing does not contain harmful bacteria and viruses so as not to violate the rules of Article XX letter b of GATT 1994. The method used in this research is a socio-legal approach, which involves collecting primary data directly from the field, including interviews with thrifting traders, thrifting consumers, local government officials. Secondary data from laws and regulations, journals, news, social media, and GATT 1994 regulations. The results of this study are: 1) the impact that occurs when the government prohibits imported used clothing business actors will have difficulty in finding income and making their lives unprofitable, while the impact on the people who consume it, especially the lower middle class, will have difficulty in having good quality clothes at low prices. Other alternatives are needed to imposition of taxes or import duties for imported used clothing in Indonesia. 2) It has been found in several previous studies that in 25 samples of imported used clothing, bacteria and viruses were found that can cause skin diseases in consumers who consume them. we need safety standards to avoid violating international trade regulations.
Key word: used cloting imported ban, GATT 1994, thrifting business, community

Amid profound socio-economic transformation, China’s constitutional review system sits at the intersection of national order, individual rights, and evolving needs for justice. The mechanism is often viewed as different from the judicial review typical in common law systems and the constitutional courts typical in civil law systems, and thus largely symbolic or constrained (Zhu, 2009). However, recent developments, including establishing specialized review offices and responding to more citizen suggestions, indicate a cautious effort towards broader oversight. Yet, previous studies have focused on the system’s internal aspects, such as its centralized mode and weak form of review (Hand, 2011), while few have explored how it engages with society’s simultaneous expectations for maintaining national order and protecting individual rights. To narrow the research gap, this paper will specifically address the following questions: 1) What are the key features and rationales of the constitutional review system in China? 2) How can the system be improved to uphold diversity and equity?

This study analyzes the Chinese Constitution, Legislation Law, and related policies and practices, while also adopting a comparative legal perspective from common law systems (e.g., HKSAR) and civil law systems (e.g., Japan). The findings show that, on the one hand, China’s system underscores the importance of preserving the Constitution’s authority and the state’s order. On the other hand, the system is exclusively exercised by the National People’s Congress and its standing committee, embodying the people’s general will rather than transferring power to other bodies; it also allows individuals to request reviews, reflecting gradual advances in protecting fundamental civil rights. Moreover, this study suggests expanding participatory channels to promote diversity and equity. These findings offer insights into how Asian constitutional or legal systems might balance governance stability with social justice in changing times.

Constitutional ideology is the set of rules that form a social group’s worldview contained within the constitutional order. Its importance lies in defining what can or cannot be argued within constitutional institutions. Collective memories of individuals can be objects of constitutional ideology, which enshrine the identity and moral values of the group. This research examines its changes by asking the following question: How is a particular constitutional ideology being reasserted when it has been under challenge from other ideologies and worldviews?

Inspired by theories of ‘urban regeneration’, this paper coins the term ‘mnemonic regeneration’ to describe processes where the constitutional ideology of collective memory is reaffirmed to fend off challenges from worldviews. It examines the example of ‘heroes and martyrs’ in China and its effort to combat the perceived problem of ‘historical nihilism’. The argument is that regeneration projects revitalize normative frameworks of political ideals that are potent to constitutional order to curb challenges from: a) external – other ideologies and worldviews; b) internal – corruption by the state and party officials. However, like the exclusive nature of ‘urban regeneration’ projects that exclude marginalized communities, ‘mnemonic regeneration’ projects also reinforce the exclusion of other ideologies, activities, and group members. To do so, this paper will not only examine China’s Constitution, its legal statutes (such as the 2018 ‘Protection of Heroes and Martyrs Law’), and judicial cases, but also historical party documents and newspapers.

This research engages a dialogue with the literature of ‘law and collective memory’, which examines law’s (in)ability to enshrine interpretations of the past. The scholarship largely focuses on ‘post-authoritarian’ regimes in Central and Eastern Europe. This paper contributes by blurring the boundaries between ‘authoritarian’ and ‘democratic’ governance of collective memories via highlighting similarities and bringing socialist states like China into the discussion.

Is Japanese society open to foreigners? Like many other countries, Japan is experiencing a rapid decline in the birthrate and an aging population, and the Japanese government is actively trying to accept foreign workers. However, various legal barriers make this difficult. The 2023 amendment to the Immigration Control and Refugee Recognition Act will make the already difficult process of refugee recognition even more difficult, and there has been a noticeable delay in measures against "illegal employment." In particular, human rights violations in detention facilities run by the Immigration Services Agency are well known, and the problem of "provisional release," which prohibits people from working, is also serious.

What is the background behind Japan's policy of this kind? Also, will these problems be overcome? In this report, I would like to examine some concrete examples and shed light on the structure of Japanese society that is so harsh on foreigners, particularly from the perspective of the legal system.

This paper critically examines normative theories of criminalisation—frameworks determining what conduct merits criminalisation and state punishment—across key East and Central Asian jurisdictions. Asian criminalisation discourse is dominated by two paradigms: social harm theory (emphasising damage to collective social relations, rooted in Soviet ideology and historically prevalent in Central Asia and China) and legal interest theory (prioritising protection of legally cognisable interests, derived from German jurisprudence and influential in Japan, Taiwan, and post-1990s China). Scholarly comparative analysis of these theories remains underdeveloped. Addressing this gap, the paper analyses the evolution of both theories in China, a critical case study demonstrating their influence and potential for state overcriminalisation. Comparative analysis reveals that while legal interest theory represents a doctrinal advance beyond social harm theory’s collectivist focus, both share fundamental limitations: conceptual circularity, over-inclusiveness in defining criminalisable conduct, and susceptibility to politicisation or majoritarian interpretation. Persistent reliance on singular theoretical principles within these diverse contexts inherently fails to constrain state penal power effectively, exacerbating risks of overcriminalisation, excessive punishment, and systemic inequity. The paper contends that promoting equitable criminalisation in Asia’s pluralistic legal landscapes necessitates moving beyond monopolistic adherence to any singular paradigm—whether domestically entrenched, politically transplanted, or regionally dominant. Achieving legitimate criminalisation requires contextually grounded evaluations, acknowledging dynamic interdependencies between criminalisation and the unique legal-cultural, historical, and social contexts of Asian jurisdictions. The paper advocates prioritising contextual legitimacy to mitigate potential unjust criminalisation and punishment arising from the abuse and overuse of state penal power.

This paper examines how the figure of “Child” is composed within recent reforms of Japan’s criminal justice system—specifically, the 2021 revision of the Juvenile Act and the 2023 reform of laws on sexual offenses. Drawing on discourse from legislative councils, expert hearings, and official research reports, the study employs Actor-Network Theory (ANT) and Latour’s notion of composition to explore how legal, bureaucratic, and expert actors collaboratively assemble varying representations of “Child.” Instead of presuming a fixed or essentialist notion of childhood, the analysis focuses on how institutional assemblages actively constitute multiple, contingent versions of the child. The paper concludes by reflecting on how such practices of composition may destabilize traditional legal categories and challenge the structural coherence of the criminal justice system.

This paper examines how the risk of institutional oppression influences expressions within legal mobilization in authoritarian environments, and how these affected expressions, in turn, contribute to or undermine the emergence, continuation, and development of such mobilization. Building upon collective action frame theory, this study investigates different forms of expressions in China's campus anti-sexual harassment legal mobilization. It finds that participants' expressions are a hybrid of three types: dispute-resolving oriented expressions (DROE), future-promoting oriented expressions (FPOE), and assertive expressions (AE). These three forms of expressions serve distinct functions and incur different risks. Individuals' perceptions of rights influence how much they express, while their perceptions of oppression risk affect what they express. When the perceived risk of oppression is high, participants suppress and reduce FPOE, and either refrain from expressing or even critically denounce allying AE. This leads to the deliberate avoidance of resonance within the collective action frame and the renouncing of frame bridging, ultimately causing the spontaneous dissolution of legal mobilization even in the absence of overt conflict. Because even the mere anticipation of the risk of oppression can cause individuals to alter their expressions, this dissolution is often invisible, representing the reproduction of an invisible form of social control within the group.

This paper examines how Indonesia’s Criminal Procedure Code (KUHAP), enacted in 1981, has evolved into a legal instrument that centralises coercive power in the hands of the police, undermining democratic accountability and human rights protections. Instead of serving as a neutral framework for due process, KUHAP facilitates unchecked arrests, prolonged detentions, and investigatory dominance by the police. Prosecutors are largely marginalised, treated not as dominus litis but as passive intermediaries, which further erodes institutional checks and balances. Using a socio-legal research approach, this study combines doctrinal analysis with fieldwork, including interviews with victims, defence lawyers, prosecutors, and civil society advocates, to explore how procedural law operates in practice. It also incorporates elements of participatory action research, particularly through collaboration with legal aid institutions and academic networks that advocate for reform. The author is actively involved in the ongoing KUHAP reform drafting process, allowing for direct insight into the legal-political dynamics shaping procedural change and the contestation among institutional actors. The paper situates KUHAP within the broader context of Indonesia’s democratic backsliding, highlighting how increasing militarisation and the consolidation of police authority reflect a shift toward authoritarian legal governance. Despite the 1945 Constitution’s guarantees of legal certainty (Article 28D) and protection from arbitrary arrest (Article 28G), current procedures fail to effectively enforce these rights. The new Criminal Code (KUHP 2023) introduces progressive material norms, but without corresponding procedural reform, these remain symbolic. Initial findings suggest that KUHAP primarily serves to legitimise state power rather than safeguard individual rights. Reform proposals, such as judicial oversight of arrest (hakim komisaris), enhanced prosecutorial control, exclusion of torture-based evidence, and digital transparency, face institutional resistance. Nonetheless, reform coalitions continue to push for alignment with constitutional and human rights standards.

The Citizen Participation Trial System in South Korea allows laypeople to serve as jurors, interpreting evidence and rendering verdicts in criminal trials. However, jurors are vulnerable to the influence of their personal biases especially in child sex abuse cases where the child’s testimony often plays a crucial role but differs significantly from that of adults. In real-life Citizen Participation Trials, jurors’ preexisting beliefs or biases regarding child sex abuse victims might influence their verdicts. Thus, this study aims to examine laypeople’s perception of child sex abuse victims and how these perceptions influence credibility judgment of children’s testimony. In this study, participants will be randomly assigned to one of four conditions in a 2(Type of sexual crime: Molestation vs. rape) x 2(Victim Age: 8 vs. 13) between-subjects design. A survey is conducted with 200 adult participants using vignettes based on real-life cases. It was hypothesised that: (1) Mock juror would rate the testimony of 8-year-old victim as less credible than that of 13-year-olds; (2) testimony in rape case would be rated more credible than in molestation case; and (3) an interaction effect would emerge such that 8-year-old victim in rape case will be rated as less credible than in molestation case whereas no such difference is anticipated for 13-year-olds. This research seeks to reveal laypeople’s preexisting beliefs about child victims of sexual abuse and empirically analyse how these beliefs manifest in mock trial settings. The needs for juror education in real-life child sex abuse trials are discussed.

This article examines how renqing (人情) – the interplay of affect, moral obligation, and social legitimacy – operates as both a mechanism of governance and a site of contestation in police mediation in contemporary China. Drawing on six months of ethnographic fieldwork in two police stations in Zhejiang province, it conceptualizes renqing as an affective grammar: a structured system of emotional expression and recognition that organizes interactions across interpersonal and institutional contexts. The findings show how the Party-state’s revival of the Fengqiao model has transformed renqing from a micro-political force embedded in personal networks into an institutionalized instrument of affective governance. Mediation formalizes affect through contracts, scripted performances, and service quotas, stratifying access to emotional legitimacy along intersecting hierarchies of class, gender, and migration. The article further develops the concept of affective autonomy to theorize how participants resist incorporation into these emotional scripts through silence, withdrawal, or alternative affective spaces. By foregrounding these quiet mechanisms of control and refusal, the analysis complicates dominant portrayals of Chinese policing as solely coercive, drawing attention to the emotional labour, stratified recognition, and limits of affective governance at the grassroots.

Artificial intelligence (AI) has increasingly permeated the criminal justice system, offering innovative solutions for drafting legal documents with significant implications for judicial efficiency and fairness. This study presents findings from three surveys (145–147 participants each) evaluating AI’s role in legal contexts, including victim statements, court apology letters, and culturally sensitive cases. Contrary to concerns about AI’s limitations, respondents rated AI-generated materials as clearer, more persuasive, and more appealing than human-drafted counterparts. The first survey reveals growing familiarity with AI in legal settings, with stakeholders appreciating its clarity in victim statements. The second survey highlights a preference for AI-generated apology letters in court, citing their persuasive structure and emotional resonance. The third survey underscores AI’s ability to produce culturally sensitive legal documents, provided biases are mitigated. These findings challenge traditional skepticism, demonstrating AI’s capacity to enhance legal communication while maintaining judicial integrity. Legal stakeholders must embrace AI technologies to streamline processes, improve document quality, and advance justice, ensuring robust frameworks for ethical implementation and bias mitigation.

Drawing on a critical discourse analysis of 300 sentencing judgments involving mentally disordered offenders from Hong Kong courts, this paper explores judicial constructions of the defendant-subject as situated within their family environment and relationships. Two narratives relating to the defendant as a ‘familial subject’ are highlighted. The first views events in their early family life as contributing to the development of their mental disorder and subsequent criminal behaviour, which in turn has implications for their culpability. The second, in contrast, sees these events as central to the development of their character ‘outside of’ the offence and the onset of their disorder. In this dual manner, family is seen as a powerful influence upon the offender’s various instincts and drives leading up to their disordered act. By considering these prominent ‘threads’ through which the criminal is linked to their crime, these findings give renewed substance and nuance to Foucault’s claims about ‘the biography of the criminal’ in today’s penal context.

Much literature has already discussed how political factors have impacted China's death penalty since the launch of the Strike Hard campaign in 1983, but existing accounts have rarely explained China's death penalty changes from an economic perspective.
China's economic reforms since 1978 have evolved the country's state-planned economy into a market economy. In this context, the death penalty plays an important role in criminal policy by swiftly and severely punishing those who jeopardize public security.

This paper employs a historical analysis based on archival research within 8 cities in Mainland China, including speeches, memoirs, and anthologies from political and legal leaders; national and provincial yearbooks on crime, law, and justice; and meeting minutes and reports from provincial legislative and judicial organs. It describes the changes in China's death penalty law and practice within the context of the post-1978 economic reforms, and investigates whether and how shifts in economic conditions impacted China's death penalty in any way from 1980 to 2000.

The main findings of the study are threefold. First, China's political and legal leadership played a decisive role in shaping death penalty policy over the period, with both central and local laws and practice closely reflecting their intentions. Second, China's increasingly open market brought about a series of problems during the 1980s and 1990s, such as wealth inequality, unemployed rural migrants, and an immature market mechanism. These economic downsides precipitated notable changes in the death penalty for economic crimes, such as changes in death-eligible offenses, execution numbers, and review procedures. Third, the widespread application of the death penalty in China during this period served as a symbolic tool to showcase the authorities' efforts to combat crime and divert public attention from the structural problems caused by economic reform.

Is there any possible for us to have a democratic dispute resolution system, even in the cyberspace? In this paper, I draw on cases of several Chinese online platforms to suggest that democracy enhances the inclusivity of a dispute resolution system, significantly improving autonomy and identity of the community members. When state law fails to cope with the exploding number of online disputes, a new dispute resolution mechanism within online platforms has emerged. It lets ordinary platform members participate in dispute resolution by inviting them to vote on disputes, the process express their common belief about how should they build the shared community which constitute the legitimacy within platforms. This is an important challenge to the traditional resolution structures which are led by educated elites and professional officials rather than community mass. Although such democratic dispute resolution process can not guarantee a relatively high level of fairness in the outcome as traditional judicial process, it enables the ordinary members of the platform to dynamically lead the dispute resolution and integrate their own beliefs and ideas into the implementation of the platform's adjudicative rules, thus reconstructing both hegemony and legitimacy at epistemic level. This emerging non-state private dispute resolution allows us reconsider the value of inclusivity and autonomy in ODR context.

Reports indicate that over 60% of persons on death row in Malaysia are convicted for drug trafficking offences (under S.39B Dangerous Drugs Act 1952). In 2023, Malaysia abolished its mandatory death penalty, and those on death row underwent the resentencing process. However, the discretionary death penalty continues to exist, and there are calls by Amnesty International and the Anti-Death Penalty Asia Network to address the issue of the drug mules convicted under this provision. Reports indicate that the drug mules are mostly persons from marginalised communities (from lower socioeconomic backgrounds or class; racial, ethnic and/or national minorities; and gender). This study examines the social and intersectional identities of persons convicted under S.39B DDA 1952, from 1980 to 2024 using two methodologies: doctrinal analysis and legal archaeology. Using a collected sample of 915 legal cases reported in the Malaysian law reports from 1980 - 2024, doctrinal analysis of the legal cases was conducted in order to determine the changes in the law, legal arguments and judicial attitudes. A sociolegal methodology called ‘legal archaeology’ (Nottingham, 2022) was used to ‘dig deeper’ into the historical, social, political and economic climate of that period which spans 44 years. The findings indicate links between the conviction rates and social, political and economic changes in Malaysia. There is a peak in convictions of foreign nationals in the early 1980s, during a time when national policy was emphasizing state sovereignty. A high conviction rate of racial minorities from lower socioeconomic groups in the 2000s indicate a link to national socioeconomic and development policies which favoured rapid urbanization in rural communities. By examining the phenomenon of drug trafficking convictions, this study questions the ‘mischief’ behind the provision S.39B DDA 1952 which targets the drug trafficker or drug mules from marginalised communities.

This paper examines how the excessive use of force by investigators—particularly the police—during the investigation stage continues to erode the foundational principles of the Indonesian criminal justice system. Investigation, which is intended as a process for uncovering material truth, often becomes a coercive means to extract confessions from suspects through physical and psychological violence. Such practices violate the principle of due process of law, which guarantees fair, impartial treatment and the protection of human rights for all individuals subjected to legal proceedings. Numerous cases demonstrate that violence during investigations is not an anomaly but rather part of a recurring pattern. These include the torture of five murder suspects by the Jakarta Metropolitan Police, the post-demonstration abuse of Gideon in Yogyakarta, and the death of Aan Yulianto—a witness—following police interrogation at the Yogyakarta Regional Police Headquarters. This persistent phenomenon is closely linked to structural deficiencies such as a performance approach centered on target-oriented rather than problem-solving policing, weak internal and external oversight, and the absence of standardized competency assessments for investigators. This study employs a legal research approach by combining conceptual, statutory, comparative, and case study methods. It explores principles of justice, presumption of innocence, and human rights within criminal procedure, examines the statutory framework under the KUHAP, analyzes documented cases of abuse, and draws lessons from international practices, particularly in the Netherlands and the United Kingdom. Findings reveal that excessive use of force stems from a lack of accountability and professional standards among investigators. Two key complementary solutions are proposed: competency certification to ensure that investigators uphold ethical and human rights standards, and strengthened judicial scrutiny to enable more effective oversight of investigative conduct. The integration of these two mechanisms could prevent the investigators from behaving as tools for a machiavellian social control.

Forensic ballistic testing plays a vital role in establishing connections between firearms and suspects in criminal investigations. Recognizing the significance of ballistic analysis as a form of scientific evidence within the criminal justice framework, this study seeks to explore the patterns of forensic ballistic identification in shooting incidents adjudicated by Indonesian courts. Employing qualitative methods, the researcher scrutinized eight pertinent court rulings, uncovering notable inconsistencies in the application of various ballistic testing methods across these cases. This disparity raises critical questions regarding the consistency of forensic practices within Indonesia's legal system. The analysis revealed that microscopic comparison tests of bullets and cartridge cases, along with test firing and gunshot residue (GSR) analysis, were the predominant techniques utilized. Conversely, methods such as trajectory and angle analysis, as well as the chemical composition analysis of bullets, were only employed in select instances. Factors such as the complexity of individual cases and the availability of physical evidence were identified as influencing this variability. The findings underscore the absence of a standardized protocol for forensic ballistic testing in Indonesia, emphasizing the urgent need for uniform procedural guidelines to enhance the reliability of evidence in criminal cases involving firearms.

Asia presents a complex and evolving landscape of criminal justice reforms, shaped by diverse legal traditions, cultural practices, and socio-political contexts. This paper explores three significant and interconnected areas of reform: the death penalty, juvenile justice, and restorative justice practices. Across the region, the death penalty remains a contentious issue, with several Asian countries retaining capital punishment while others move towards abolition or moratoriums. Emerging trends highlight a growing regional debate on human rights, due process, and the proportionality of extreme punishment.

Simultaneously, juvenile justice systems in Asia have undergone transformative shifts, reflecting global commitments under the Convention on the Rights of the Child and related international standards. Countries are increasingly embracing rehabilitative and reformative approaches instead of retributive frameworks for juvenile offenders, yet challenges of implementation, resource constraints, and systemic biases persist.

Restorative justice has also gained traction as an alternative paradigm, rooted in indigenous practices and community-based conflict resolution models. Asian societies, with their strong communal and family-based structures, have the potential to revive and adapt restorative processes that promote healing, reintegration, and victim-offender dialogue. However, questions around institutionalization, procedural safeguards, and consistency with rule-of-law principles need careful navigation.

By analyzing legal frameworks, case studies, and policy initiatives from selected Asian jurisdictions, this paper aims to identify convergences and tensions in the region’s path toward more humane, equitable, and effective criminal justice systems. It argues that a meaningful reimagining of criminal justice in Asia must integrate human rights standards with culturally relevant practices, balancing innovation with safeguards for fairness and accountability. Ultimately, these reforms not only advance justice for the individual but also contribute to broader social cohesion and long-term peace in the region.

Abstract: This article explores the intricate relationship between mass media, crime, and authoritarian politics. Through analyzing coverage of crimes in the People’s Daily since the 1940s and examining social media content, the author shows a dramatic emergence of a new “everyday crime frame” in the portrait of Western countries in Chinese media within the past 10 years. This new frame, which no longer emphasizes extreme violence in world politics such as terrorist attacks and wars, makes common crime issues such as gun violence, burglary, and theft one of the main characterizations of Western societies. By constructing an image of foreign lands as unsafe, this new frame paves the way for developing a specific vision of the Chinese security state, where certain citizens’ rights may be relinquished in the name of the “right to exist or survive.” The author posits that the sociopolitical conditions contributing to the emergence of this new frame can be attributed to the increasingly hostile Sino-American relationship, China’s assertive role in the international human rights arena, and the domestic challenges posed by the decline of the Chinese economy.

A public apology is a social ritual that includes individuals and institutions involved in a wrongdoing and aims to restore the fractured relationship between them in a symbolic exchange. It is much more than mere acknowledgement of fault or expression of regret, as it involves a public declaration of guilt and remorse in an attempt to seek forgiveness, demonstrate accountability, and reestablish trust within a particular social and cultural context. When a public apology is prescribed by law, often referred to as apology law, it becomes entwined in a complex social field, reflecting the normative and political dimensions that define the mutually constitutive nature of the relationship between society and law. From a sociolegal perspective, therefore, public apology by law lies at the intersection of law, culture, and politics, in a dynamic social process. It is in this context that this study focuses on apology law relating to the pharmaceutical industry in Sri Lanka as a window through which to explore the idea of public apology. Specifically, this study examines the perceptions of pharmacists as key stakeholders who are required to make public apologies through paid advertisements in newspapers for certain violations of the National Medicines Regulatory Authority (NMRA) Act No.5 of 2015. Using a questionnaire survey among a purposively selected sample of pharmacists, the study explores their knowledge and perspectives on the regulations as well as their attitudes towards the public apology as a form of promoting authenticity, transparency, accountability, and rebuilding trust. While the responses indicate the acceptance of public apology as an effective punishment, its restorative and rehabilitative value is seen as embedded in the larger social and political context that underscores the role of public apology in society.

The development and issues of legal responses in the prevention of disasters and initial/emergency response and recovery phases after disasters in Japan will be reported based on the progress mainly over the 30 years since the Great Hanshin-Awaji Earthquake in 1995, followed by many subsequent earthquakes such as the Great East Japan Earthquake in 2011 and the Noto Peninsula Earthquake in 2024. The main themes to be discussed include disaster condolence payments (disaster-related deaths), publicly funded demolition of damaged houses, livelihood reconstruction assistance programs for disaster victims, and disaster loan reduction and exemption programs. In addition, this paper will also examine the recently proposed and practiced disaster case management (a system in which related professionals and institutions work closely with disaster victims to provide necessary support to them by grasping their individual disaster and living conditions and formulating a plan that combines various support measures accordingly) and disaster response governance (a mechanism to discipline the various actors involved in disaster response, such as the national government, prefectures, municipalities, commercial enterprises, and third sector organizations, for the benefit of disaster victims). This paper concludes that the legal response to disasters is and should be shifted from the traditional application-based approach, where the legal relief procedures for various disaster victims are left to the parties themselves to apply for relief, to a more flexible approach, where each disaster victim is required to apply for relief on his/her own. This paper will also examine issues by comparing legal responses to disasters in Asia and other regions.

The celebration of International Labor Day on May 1, 2025, across various cities in Indonesia was overshadowed by incidents of excessive force and violence employed by police officers against protesters, medics, and journalists who were documenting the demonstrations. The persistence of police violence can be attributed to the lack of accountability for both the individual officers involved and their superiors in prior incidents. This failure to impose consequences has fostered a culture of impunity within law enforcement agencies, allowing aggressive and unlawful behavior to go unchecked. As a result, the systemic issues that contribute to police brutality remain entrenched, creating an environment where officers may feel emboldened to act without fear of repercussions. This cycle not only undermines public trust in the police but also perpetuates a narrative of violence that affects communities disproportionately. This paper examined the lethal violence perpetrated by police during May Day rallies in Indonesia from the legal semiotics perspective through the language and actions used by police officers. By scrutinizing the language utilized by police officers in their interactions with protestors, alongside their non-verbal signals and physical behaviors, the research aims to reveal how these elements legitimize aggressive police actions. Our analysis draws on video footage from the demonstrations on May 1, 2025, alongside firsthand accounts from journalists present during the events, examining how excessive force was used to repel the demonstrators.

This study explores the prospects and challenges of adopting plea bargaining within Vietnam’s socialist criminal justice system, which is deeply rooted in an inquisitorial framework and shaped by Confucian and Soviet legal legacies. Since plea bargaining is emblematic of adversarial systems, its transplantation to Vietnam raises questions about compatibility, adaptation, and the deconstruction of foreign legal norms. While differences exist between adversarial and inquisitorial systems, global trends toward increased adversarial elements and enhanced defendants’ rights suggest that plea bargaining in Vietnam is theoretically feasible. However, the study argues that successful implementation requires careful consideration of Vietnam’s context and points out specific factors affecting the plea bargaining mechanism including collectivism, crime control model, objective truth doctrine with mandatory prosecution, and democratic centralism. In addition, drawing on China’s experience as a reference point, a country with a similar socialist system and context, the study proposes a potential plea bargaining model adapted to Vietnam’s specific circumstances, considering both the challenges posed by systemic differences and opportunities presented by ongoing legal reforms that strengthen adversarial elements and procedural rights.

Drawing on examples from the recent past in East and Southeast Asia, this paper examines the interaction between politics, populism, and policy making in relation to state-sanctioned killings for drug offences. It also looks to other parts of the globe to consider how successful advocacy practices can be imported to reform and reshape the use of the death penalty for drug offences in East and Southeast Asia. Theoretically, the paper considers the role of norm diffusion, the importance of cultural context, the potential of hard power diplomacy and coalition theory in catalysing behavioural change. Illustrative case studies which demonstrate effective approaches in successful advocacy against the death penalty for drug offences, alongside a critical consideration of practices shown to be less successful in advocating change are explored.

Closing Session (Day 2 17:00-18:00)
Moderator (Program Committee Chair)
1. Awards Announcement and Presentation (ALSA President)
2. President’s Remarks and Board Announcements (ALSA President)
3. Announcement of the Next Conference (ALSA President)
4. Greetings from the Host Institution of the Next Conference (TBD)
5. Words of Thanks from the Organizing Committee (Yance)
6. Group Photo (taken from the stage toward the audience)