Abstract:This study examines the phenomenon of siri’ killing in the Bugis-Makassar community, which has received limited attention in global discussions on honor-based killings. The background of this research is rooted in the strong…
strong value of siri’ as a system of collective honor that not only regulates social behavior but also has the potential to generate violence as a means of restoring dignity. The research problem focuses on how the construction of siri’ shapes collective honor, how patterns of honor-motivated killings occur, and how Indonesian criminal law responds to this phenomenon without legitimizing violence. This study employs a normative legal method with statutory, case, and conceptual approaches to analyze the relationship between legal norms and cultural values. The findings indicate that siri’ is understood as a collective family identity that significantly influences individual behavior, with women becoming the most vulnerable group due to the unequal distribution of moral burden. Patterns of siri’ killing are generally associated with control over sexuality and marriage and are driven by social pressure and collective moral legitimacy. The response of criminal law tends to be ambivalent, as cultural motives are not justified but are often considered as background factors. The conclusion emphasizes that siri’ killing is a complex phenomenon that cannot be understood merely as a criminal act, but rather as the result of interactions among culture, gender, and law. The novelty of this study lies in the integration of cultural, criminal law, and gender perspectives in explaining siri’ killing as a localized form of honor killing with distinctive characteristics in Indonesia.
Abstract:This study aims to analyze the feasibility of business development for CV. Subur Indah Pertama, located in Pemecutan Kaja Village, North Denpasar, Bali, based on five main aspects of business feasibility studies: market…
and marketing, legal, human resources, environmental, and financial. This research employs a qualitative approach using descriptive methods, with data collection techniques including direct observation, in-depth interviews, and document review. The analysis results show that from the market and marketing aspect, the company has demonstrated positive performance through the optimization of digital platforms such as Tokopedia, Shopee, and TikTok, as well as strategic partnerships with contractors and property developers. Legally, the company is deemed feasible as it has fulfilled all business documents and licenses, including SIUP, NPWP, PKP, and tax compliance. In terms of human resources, a systematic organizational structure and professionally-based HR management indicate the company’s readiness to support business expansion. The environmental aspect also meets feasibility criteria, with evidence of standardized waste management systems and compliance with environmental regulations. From the financial perspective, the project is considered highly feasible based on financial indicators, namely a Net Present Value (NPV) of IDR 13.7 billion, an Internal Rate of Return (IRR) of 32%, and a Payback Period of 5 years, which is below the project’s economic life of 8 years. The IFAS and EFAS analyses show significant internal strengths, while the SWOT matrix places the company in Quadrant I with an aggressive strategy (Strength–Opportunity). Based on the overall findings, the business development of CV. Subur Indah Pertama is declared feasible and has strong prospects for long-term growth.
Abstract:Indonesia, as an archipelagic country, holds a geographically strategic position while also being vulnerable to various forms of transnational crimes, including the entry of illegal immigrants via maritime routes. Law enforcement…
forcement in maritime areas presents its own challenges due to the need to monitor vast territories, limited facilities and infrastructure, as well as the complex modus operandi employed by illegal immigration offenders. In this context, the Water Police (Pol-Air) serves as the main actor in maintaining maritime security and order, particularly in efforts to prevent the entry of illegal immigrants. This study aims to analyze the strategies and actions undertaken by Pol-Air in performing this function, as well as to evaluate the obstacles faced. The research method used is normative legal research with a qualitative approach, through analysis of existing laws and regulations as well as empirical practices in the field. The results of the study indicate that Pol-Air conducts various preventive measures, such as routine sea patrols in vulnerable areas, the use of maritime surveillance technology, improvement of personnel competencies, and public dissemination of immigration law among coastal communities as a form of participatory prevention. In addition, Pol-Air also engages in cross-sectoral coordination with relevant agencies to strengthen institutional synergy. Nevertheless, the implementation of Pol-Air's duties still faces structural and operational challenges, such as budget limitations, lack of integrated information systems, and weak law enforcement against human smuggling networks. Therefore, a reformulation of policies is needed to support institutional strengthening and sustainable inter-agency collaboration.
Abstract:This study examines the enforcement of criminal law in relation to the offense of aggravated theft as adjudicated in the District Court Decision of Amlapura No. 60/PID.B/2024/PN Amlapura, wherein the Defendant, Jana alias…
s Tobi, was found legally and convincingly guilty of committing aggravated theft as stipulated under Article 363 paragraph (1) point 4 of the Indonesian Penal Code (KUHP). The objective of this research is to analyze the application of criminal law in the aforementioned case, with a particular focus on two principal legal issues: (1) how law enforcement was implemented in the case in question, and (2) how the judicial decision aligns with the foundational legal principles of justice, legal certainty, and utility. The research employs a normative juridical method with a descriptive-analytical approach, and utilizes both the theory of law enforcement and the theory of criminal acts as the conceptual framework. The findings indicate that all elements of the criminal offense under Article 363 paragraph (1) point 4 of the Penal Code were fulfilled, and that the panel of judges duly considered both aggravating and mitigating factors in a balanced manner. Nonetheless, further analysis reveals that the Defendant’s role in the commission of the offense was more auxiliary in nature, thereby suggesting that the normative application of Article 55 of the Penal Code would have been more appropriate. This misapplication of legal provisions potentially gives rise to substantive injustice and opens the possibility for further legal remedies. The study concludes that although the formal procedures of law enforcement were conducted in accordance with prevailing legal standards, there exists a substantive deficiency in the identification of the perpetrator’s role, which adversely affects the overall fairness of the verdict. The novelty of this research lies in its critical analysis of the accuracy of judicial application of substantive criminal norms and the imperative of rigorous judicial reasoning in sentencing, aimed at reinforcing the integrity and consistency of the Indonesian criminal justice system.
Abstract:The enactment of Law Number 3 of 2024, as the second amendment to Law Number 6 of 2014 concerning Villages, has introduced new challenges in the governance of village administration, particularly in the legal accountability…
ity of village heads in managing village finances. Although the law outlines the authority of village heads, it does not explicitly stipulate provisions for criminal or civil sanctions in cases of abuse of power. This normative gap poses potential risks of harm to village communities due to the weak legal accountability mechanisms. This study aims to examine and analyze the legal implications of the normative vacuum in village regulations and to emphasize the urgency of establishing more specific and binding implementing regulations. Employing a normative juridical research method through statutory and conceptual approaches, this study analyzes relevant legislation and supporting legal literature. The findings reveal that the absence of clear legal sanction provisions in the Village Law creates a legal grey area that can be exploited for administrative misconduct and corruption. Therefore, regulatory reform is required in the form of amendments or the formulation of implementing regulations that explicitly define the types of sanctions and legal accountability mechanisms for village heads. The novelty of this study lies in its systematic identification of legal loopholes that have received limited attention in existing village law literature, as well as its concrete proposals for regulatory reformulation aimed at strengthening accountability and transparency in village financial management.
Abstract:Inmates in correctional institutions undergo rehabilitation programs that include the development of skills deemed crucial for their lives after being released from prison. Each prisoner is entitled to receive wages or recognition…
ecognition for the efforts they have put into the work they perform. This study focuses on the regulation of rewards for inmates working in correctional facilities, as well as an evaluation of the fairness aspect in their distribution. The study adopts a normative legal analysis approach, utilizing primary legal sources such as laws and government regulations, as well as additional references discussing inmates’ rights in correctional institutions, particularly those related to the payment system for the work they perform. The study finds that the regulations governing inmates’ rights, including those related to wage distribution, are outlined in Article 14 of Law No. 12 of 1995, Government Regulation No. 32 of 1999, and the Minister of Justice Decree No. M.01-PP.02.01 of 1990. From the researcher’s perspective, the distribution of rewards aligns with the principle of fairness because, in addition to receiving rewards, inmates also receive valuable skill training for their future after leaving the correctional institution.
Abstract:Tuberculosis (TB) is one of the major health problems in Indonesia, with high rates of spread and social stigma that worsens the condition of survivors. The LAPOR TB platform is present as a digital innovation to support…
TB elimination through increased access to justice and the fulfillment of health rights. This study analyzes the implementation of the LAPOR TB platform from a juridical perspective, using normative research methods that involve legislative and conceptual approaches. The results of the study show that this platform has great potential to improve access to health services for TB survivors, but still faces various legal challenges, including personal data protection, limited access to technology, ineffective complaint mechanisms, and weak law enforcement. Therefore, it is necessary to strengthen legal policies, improve technological infrastructure, and eliminate social stigma to ensure that this platform can run effectively. With these steps, LAPOR TB is expected to be able to support TB elimination efforts and fulfill the right to health for all Indonesian people.
Abstract:This study aims to examine the dynamics of fatwas issued by Islamic scholars in addressing contemporary Muamalah issues in Indonesia and to identify the roles, challenges, and potential alignment between fatwas and positive…
ive legal regulations. Fatwas issued by scholars play a crucial role in providing legal guidance for Muslims in Indonesia, particularly in the context of technological and modern economic developments such as e-commerce, sharia fintech, and digital investments. Using a qualitative approach with literature study, this research analyzes various fatwas issued by the Indonesian Ulema Council (MUI) and the factors influencing the scholars' decisions, including technological advancements, societal needs, and globalization. Furthermore, this study identifies obstacles in the implementation of fatwas, such as limited public understanding and potential conflicts with government regulations. The research finds that, despite the challenges, there is significant potential for aligning fatwas with positive legal regulations in Indonesia. Collaboration between scholars, religious institutions, and the government is essential to ensure the effective implementation of fatwas and create an inclusive and just legal system for Muslims. The synergy between fatwas and regulations is expected to support the sustainable development of the Islamic economy and contribute to the building of a more prosperous and harmonious Indonesian society.
Abstract:This study discusses women’s rights in divorce decisions at the Kuala Tungkal Class 1B Religious Court based on the perspective of Maqashid Syari’ah. Women’s rights decided in divorce, such as iddah maintenance, mut’ah,…
t’ah, child custody, and property division, are analyzed in terms of their suitability with the main objectives of Islamic law, namely protection of religion, soul, descendants, mind, and property (Maqashid Syari’ah). This research uses qualitative methods with the normative legal approach. to examine court decisions and how the laws applied reflect the principles of Maqashid Syari’ah. The results of the study indicate that divorce decisions at the Religious Court have considered women’s rights proportionally, although there is still room for further adjustment to be more in line with the essence of Maqashid Syari’ah, especially in terms of economic protection and gender justice. This study recommends the need to strengthen the integration between positive law and sharia principles to better guarantee women’s welfare after divorce.
Abstract:Manuscripts hold immense value as precious treasures passed down from our ancestors and scholars. They serve as a bridge between the past and present, offering a rich source of knowledge for contemporary society. This study…
udy aims to: (1) ascertain the legal rulings regarding Eid prayers; (2) determine the proper procedures for performing Eid prayers; and (3) identify the recommended practices associated with Eid prayers. Various methods are employed in manuscript research. This study utilizes a combination of textual criticism and popular readings to analyze an ancient manuscript. Additionally, the study draws upon Islamic jurisprudence (fiqih) to examine and reinforce the content of the manuscript. The popular readings used as a reference are found in the book Fathul Qorib by Shaykh Syamsudin. The findings of this study are as follows: (1) the legal rulings regarding attendance at Eid prayers; (2) the proper procedures for performing Eid prayers; and (3) the recommended practices associated with Eid prayers.