Existing Social Justice Choice for Underprivileged Society Members

摘要

This research is intended to look for strategic approach and access on justice for under-privilege groups in society. The research will highlight two types of communal justice, namely positive justice, based on formal structure that is used to solve legal cases and social justice, a steadier form of justice that uses social wisdom to achieve justice. Positive justice is often linked with complicated bureaucratic processes, lubrication payment, procedure oriented, and only approving of those who have access to more economic capital. This research stipulates that there is a gap between those who are aware about their rights and legal access, have access to capital and those who lack the apt knowledge, economic resources, and legal access. It is assumed that the gap to access legal services draws upon the issue of economic inequality. It founds that capitalization of legal access outdoes the traditional rights embedded in society, namely territorial law, land based on societal culture. Alleviation of justice gap can be done by making use of existing institutions and local wisdom that are based on social and cultural capital. Social network approach to conflict is deemed less costly, hence accessible for the underprivileged society members who have been deprived of justice.