TY - JOUR
T1 - Mobile people in global migration and the working of law
T2 - a reflection on the role of legal pluralism
AU - Irianto, Sulistyowati
AU - Hendrastiti, Titiek Kartika
AU - Tirtawening, Tirtawening
N1 - Publisher Copyright:
© 2021 The Journal of Legal Pluralism and Unofficial Law.
PY - 2021
Y1 - 2021
N2 - This paper for the anniversary issue of the Journal of Legal Pluralism and Unofficial Law attempts to explain how legal pluralism as a sensitizing concept plays a role as an auxiliary in looking at phenomena where there is a co-existence between various legal systems. The legal pluralism approach carries methodological consequences that require a researcher to use microscopic lenses to observe the relations between law and relevant actors in cross-border spaces. It is also important to examine the interrelations between the concept of personhood with law in a context of legal pluralism. Without a legal pluralism approach linked with a relational approach that looks at the connections between law and relevant actors, research would not be able to generate a significant narrative about how law works. In this paper, the conceptual and methodological reflections on legal pluralism are linked to a research on the diversity of legal references that regulate the issue of Indonesian female migrant workers in the United Arab Emirates (UAE), with all its implications for actual access to justice for women.
AB - This paper for the anniversary issue of the Journal of Legal Pluralism and Unofficial Law attempts to explain how legal pluralism as a sensitizing concept plays a role as an auxiliary in looking at phenomena where there is a co-existence between various legal systems. The legal pluralism approach carries methodological consequences that require a researcher to use microscopic lenses to observe the relations between law and relevant actors in cross-border spaces. It is also important to examine the interrelations between the concept of personhood with law in a context of legal pluralism. Without a legal pluralism approach linked with a relational approach that looks at the connections between law and relevant actors, research would not be able to generate a significant narrative about how law works. In this paper, the conceptual and methodological reflections on legal pluralism are linked to a research on the diversity of legal references that regulate the issue of Indonesian female migrant workers in the United Arab Emirates (UAE), with all its implications for actual access to justice for women.
KW - feminist ethnography
KW - gendered migration
KW - justice
KW - Legal pluralism
KW - multi-spatial ethnography
UR - http://www.scopus.com/inward/record.url?scp=85122704575&partnerID=8YFLogxK
U2 - 10.1080/07329113.2021.2004782
DO - 10.1080/07329113.2021.2004782
M3 - Article
AN - SCOPUS:85122704575
SN - 0732-9113
VL - 53
SP - 367
EP - 382
JO - Journal of Legal Pluralism and Unofficial Law
JF - Journal of Legal Pluralism and Unofficial Law
IS - 3
ER -