Abstract:Penelitian ini bertujuan untuk menganalisis kedudukam kedudukan normatif asas keterbukaan dalam pembentukan peraturan perundang-undangan di Indonesia dan urgensi asas keterbukaan dalam pembentukan Peraturan Daerah. Metode…
e penelitian menggunakan metode penelitian hukum normatif (normative legal research). Pendekatan yang digunakan adalah pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach). Asas Keterbukaan memiliki kedudukan normatif dalam pembentukan peraturan perundang-undangan sebagaimana tercantum dalam Pasal 5 Undang-undang Nomor 12 Tahun 2011 tentang Pembenrtukan Peraturan Perundang-undangan. Selain itu Asas Keterbukaan memiliki urgensi yang multidimensional dalam pembentukan Peraturan Daerah. Secara normatif, asas ini diwajibkan oleh UU No. 12 Tahun 2011 dan perubahannya, menjamin hak masyarakat untuk memberikan masukan secara lisan dan tertulis. Secara filosofis dan sosiologis, keterbukaan adalah prasyarat good governance yang memperkuat legitimasi kebijakan, akuntabilitas, dan secara signifikan mengurangi tingkat resistensi sosial terhadap implementasi Peraturan Daerah. Standar Asas Keterbukaan telah mengalami transformasi dari kepatuhan formal menjadi kewajiban konstitusional untuk menyediakan meaningful participation. Standar ini, yang lahir dari Putusan MK No. 91/PUU-XVIII/2020 dan diadopsi ke dalam UU 13/2022, menuntut hak masyarakat untuk didengar, dipertimbangkan, dan diberi penjelasan.
Abstract:Despite decades of global HIV/AIDS education efforts, the gap between awareness and preventive behavior among youth remains a persistent challenge. University students—typically well-educated and socially engaged—are expected…
expected to be proactive in health matters, yet many remain passive in HIV prevention efforts. This study examines the knowledge, attitudes, and behaviors of university students in Indonesia regarding HIV/AIDS, and analyzes the cognitive and structural barriers that hinder behavioral change. The research applies two theoretical frameworks: the Theory of Planned Behavior (TPB) and the Health Belief Model (HBM). A quantitative survey was conducted among 268 students at Hasanuddin University. Descriptive and inferential statistics were used to assess levels of HIV/AIDS knowledge, attitudes, and preventive actions. Skewness and kurtosis were also calculated to explore distributional patterns. While students demonstrated high levels of knowledge (M = 16.34) and positive attitudes (M = 31.36), their preventive behavior was notably low (M = 10.74), with skewed distributions indicating widespread inaction. Misconceptions about HIV transmission and curability were common. Both TPB and HBM helped explain the role of perceived barriers, weak normative support, and low self-efficacy in limiting behavioral intention. Findings highlight a critical knowledge–action gap driven by social stigma, misinformation, and lack of institutional cues to action. Effective HIV prevention requires not only awareness but also structured interventions that enhance agency, normalize testing, and dismantle behavioral barriers within youth populations
Abstract:This study explores how Bugis-Makassar women construct and navigate plural reproductive knowledge in response to abortus imminens (threatened miscarriage), drawing on Talcott Parsons’ AGIL framework to analyze the sociocultural…
ocultural functions of care practices. Based on ethnographic fieldwork in Makassar, Indonesia, including interviews and participant observation with ten pregnant women, the study reveals that reproductive behavior is shaped by adaptive strategies (A), collective goals (G), moral integration (I), and intergenerational transmission of norms (L). Rather than following a singular medical logic, women mobilize syncretic forms of care that blend biomedical treatment, spiritual rituals, and ancestral taboos. These plural responses reflect not only epistemic hybridity but also reproductive governance enacted through kinship, religious authority, and clinical institutions. Women's agency is expressed not through open resistance, but through strategic moral navigation and embodied alignment with normative expectations—a form of what Mahmood terms the ethics of self-formation. The findings challenge biomedical-centric approaches to maternal health and highlight the need for culturally responsive interventions that respect local logics of risk, protection, and care. This study contributes to sociological debates on medical pluralism, moral regulation, and the reproduction of gendered knowledge in the Global South.
Abstract:This research is motivated by the issue of the effectiveness of witness and victim protection within the Indonesian criminal justice system, which is considered not yet to fully reflect the values of restorative justice…
nor to be harmoniously integrated into the framework of the national legal system. Although regulatory frameworks have been established through Law Number 13 of 2006 as amended by Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, as well as various regulations related to whistleblower and justice collaborator protection, their implementation continues to face normative and structural weaknesses. The lack of synchronization between the Criminal Procedure Code (KUHAP), the Draft Criminal Procedure Code (RUU KUHAP), and other sectoral regulations has resulted in the suboptimal role of the Witness and Victim Protection Agency (LPSK) in guaranteeing the rights of witnesses, victims, perpetrator-witnesses, and reporters, particularly in criminal cases with broad and organized impacts. From the perspective of maqāṣid al-syarī‘ah and the Pancasila Justice Theory, legal protection for witnesses and victims should not be merely procedural-formal in nature, but must be directed toward the restoration of dignity, the assurance of security, and the comprehensive protection of human rights. This study aims to analyze the regulatory weaknesses in witness and victim protection from the perspective of the criminal justice system and to reconstruct such regulations based on restorative justice values. Employing a normative legal research paradigm combined with conceptual, statutory, and theoretical approaches, this research positions the Pancasila Justice Theory as the grand theory, the Legal System Theory as the middle theory, and the Legal Protection Theory as the applied theory. The findings indicate that regulatory reconstruction is necessary through strengthening the institutional position of LPSK, harmonizing it with the Draft Criminal Procedure Code (RUU KUHAP), and reinforcing the protection of whistleblowers and justice collaborators in a more comprehensive and non-discriminatory manner. This reconstruction is directed toward establishing a witness and victim protection system oriented toward restoration (restorative justice), balanced interests among the parties, and the realization of social justice as mandated by the values of Pancasila and human rights principles.
Abstract:The conflict surrounding the Rempang Eco-City National Strategic Project (PSN) on Rempang Island, Batam City, Riau Islands Province, is one of the most complex development policy crises of the past decade. This study analyzes…
lyzes the neglected environmental disaster mitigation dimensions in the acceleration of the Rempang Eco-City PSN from nine environmental perspectives, while evaluating whether the cancellation of this strategic development policy is a normatively and empirically justifiable choice. Using a qualitative research approach with a case study design, the study combines regulatory analysis based on legal documents including Laws, Government Regulations, Presidential Regulations, Ministerial Regulations, Environmental Impact Assessment (AMDAL) documents, and the Batam City Spatial Plan (RTRW) with field data from secondary sources compiled between 2023–2025. The findings reveal four main conclusions: (1) regulatory incoherence exists between Permenko Ekuin No. 7/2023 and Law No. 32/2009 on Environmental Protection and Management (PPLH) as well as Law No. 27/2007 on Coastal Zone Management; (2) the AMDAL process was carried out procedurally without participatory substance and was only initiated after the conflict erupted; (3) environmental impacts including threats of deforestation of protected forests, mangrove ecosystem degradation, and sea sand exploitation have not been adequately mitigated; and (4) resistance from approximately 80% of affected residents indicates a failure of the Free, Prior, and Informed Consent (FPIC) principle. The most recent development shows that through Presidential Regulation (Perpres) No. 12 of 2025, signed by President Prabowo Subianto on February 10, 2025, Rempang Eco-City is no longer listed among the 77 national strategic projects. This study recommends a comprehensive policy evaluation for Rempang Island development based on an independent AMDAL review, fulfillment of the rights of the Malay indigenous community, and a moratorium on all construction activities until legal certainty is established.
Abstract:Islamic economics operates as a normative framework prioritizing social justice, equitable wealth redistribution, and collective wellbeing. Despite its robust philosophical foundations, empirical consensus regarding how…
these tenets translate into measurable welfare outcomes across heterogeneous developing nations remains highly fragmented. This study addresses this critical gap by executing a systematic literature review guided by the PRISMA 2020 statement to synthesize empirical evidence on the operationalization of Zakat, Waqf, and Islamic Social Finance (ISF) as structural instruments for poverty reduction. Departing from traditional descriptive reviews, this paper introduces an original analytical taxonomy that maps the operational mechanics of ISF against micro-level and macro-level development outcomes. Based on a rigorous multi-stage screening of peer-reviewed empirical studies published between 2020 and 2025 across emerging economies, a final synthesized sample of $n = 10$ high-quality primary articles was evaluated. The qualitative narrative synthesis reveals that integrated ISF instruments exert a structurally positive impact on poverty alleviation, income optimization, and socio-economic empowerment, particularly when embedded within digital financial ecosystems and formal financial inclusion frameworks. However, the analysis uncovers substantial outcome heterogeneity, demonstrating that welfare efficacy is highly conditional upon institutional governance quality, targeting accuracy, and localized implementation designs. The structural novelty of this research lies in its empirical crystallization of the explicit boundary conditions under which normative faith-based capital successfully disrupts poverty traps, offering an evidence-based operational blueprint for policymakers and Sharia social institutions in the Global South.
Abstract:This study aims to analyze the concept and application of hospital criminal liability in cases of medical malpractice in the Indonesian criminal law system, as well as examine the relationship between the individual responsibility…
onsibility of medical personnel and the responsibility of hospital institutions. This study uses a qualitative approach with case study methods and a juridical-normative approach enriched with empirical data. Data was collected through in-depth interviews with legal practitioners, medical personnel, and hospital managers, accompanied by a documentary study of laws and regulations, court rulings, and related literature. The results of the study show that criminal liability in cases of medical malpractice is generally still focused on individual medical personnel as direct perpetrators, while the accountability of hospital institutions has not been optimally applied in criminal law enforcement practices. In addition, it was found that there is a complex relationship between the professional responsibilities of medical personnel and the institutional obligations of hospitals in ensuring health service standards, including aspects of supervision, risk management, and medical service systems. This study concludes that it is necessary to strengthen the concept of corporate criminal liability for hospitals in cases of medical malpractice in order to create legal certainty and more balanced protection for patients, medical personnel, and health service institutions. The findings of this study contribute to the development of health law studies and become a basis for consideration for policymakers in formulating more effective regulations and law enforcement mechanisms.
Abstract:This study aims to reveal the relationship between the values contained in the Qur'an and the traditional practice of dowry (mahr) giving, viewed from both religious and cultural perspectives. Using a qualitative approach…
h based on the textual analysis of Qur'anic verses and in-depth interviews with experts in religious studies and cultural anthropology, this research integrates the frameworks of maqasid al-sharia and cultural anthropology theory to analyze the historical and contemporary transformation of dowry practices. The study also explores the symbolic meaning of dowry, not merely as an obligation but as a form of recognition of women's dignity and rights within the family. Furthermore, it examines the socio-economic factors influencing the amount of dowry and how these factors affect social structures and gender relations within society. In addition, comparisons are made with dowry practices in various other cultures and religions, enabling a deeper understanding of both the unique and shared aspects of universal human values. This comprehensive analysis seeks to provide new insights and a concrete contribution to contemporary discussions on the role of religion in social and cultural life, as well as the challenges of integrating tradition with the needs of modern society. The findings indicate that the practice of dowry giving, as prescribed in the Qur'anic verses, possesses profound normative and strategic values in ensuring justice and social balance within the family structure. Every element of the dowry is not merely symbolic but also embodies meanings that reflect responsibility, respect, and commitment in married life. Over time, the understanding and implementation of this tradition have undergone significant changes, influenced by evolving social, economic, and cultural conditions. This highlights the importance of not only preserving the tradition but also adapting it to meet the demands of contemporary society.
Abstract:Interfaith marriage is a classic yet ever-relevant issue in Islamic family law. This study aims to examine the legal status of interfaith marriage in Islamic family law through classical and contemporary fiqh perspectives,…
s, as well as its arrangement in the Compilation of Islamic Law (KHI) in Indonesia. The method used is normative legal research with statutory and conceptual approaches, referring to authoritative classical tafsir and fiqh works such as Jami' al-Bayan by al-Tabari, al-Jami' li Ahkam al-Qur'an by al-Qurtubi, Tafsir Ibn Kathir, al-Umm by Imam al-Shafi'i, and al-Mughni by Ibn Qudamah, as well as contemporary works such as Fiqh al-Sunnah by Sayyid Sabiq and the works of Wahbah al-Zuhaili and Yusuf al-Qaradawi. The findings indicate that classical jurists unanimously prohibit the marriage of a Muslim woman to a non-Muslim man and the marriage of a Muslim man to a polytheist (mushrik) woman, but differ regarding the marriage of a Muslim man to a woman of the People of the Book (Ahl al-Kitab). Meanwhile, the KHI takes a stricter stance by prohibiting all forms of interfaith marriage, in line with the principle of preventing harm (sadd al-dhari'ah) and the MUI Fatwa of 2005. This study concludes that the KHI represents a contextualization of fiqh adapted to the conditions of Indonesian society.
Abstract:Arabic morphology constitutes a fundamental branch of classical Arabic linguistics, focusing on morphological word transformation (tashrif) and derivational morphology. Despite more than a millennium of development, epistemological…
temological inquiry into ilmu sharaf — concerning its sources of knowledge, methods of rule formation, and scientific validity — remains considerably limited in contemporary academic literature, with existing studies tending toward normative and pedagogical orientations that neglect its fundamental philosophical dimensions. This article aims to examine the epistemology of ilmu sharaf from the philosophy of science perspective, tracing its historical genealogy from the early Islamic codification period through to modern Arabic linguistics, and analyzing its contributions to contemporary Arabic morphology. The research employed a qualitative library research method with historical, epistemological, and comparative-linguistic approaches, utilizing critical analysis of relevant primary and secondary sources. The findings reveal that ilmu sharaf possesses a robust epistemological foundation derived from the Qur'an, hadith, classical Arabic fushah poetry, and qiyas (analogical reasoning), and was developed through the methods of sima' (documentation), istinbath (inference), and ta'lil (rational justification) by linguists of the Bashrahn and Kufahn schools. Ontologically, its subject matter is morphological word transformation that produces semantic change; axiologically, it functions to preserve Arabic linguistic purity and facilitate Qur'anic comprehension. The contributions of ilmu sharaf to modern Arabic linguistics are demonstrably significant, particularly in the development of root-and-pattern morphology theory, derivational semantics, and Arabic natural language processing (NLP). These findings indicate that the classical sharaf tradition is not merely historically relevant but also carries important methodological implications for contemporary Arabic computational linguistics.