Search Articles & Publications

Showing 270 articles found for "Legal"

LANGUAGE AS A DIPLOMATIC TOOL: ANALYZING THE ROLE OF BAHASA INDONESIA IN GLOBAL LEGAL NEGOTIATIONS

Sudarsana, I Wayan Alit, Manual Selvaraj Bexci
Abstract: This study explores how Bahasa Indonesia operates as a diplomatic instrument in global legal negotiations, positioning it as a culturally embedded yet strategically functional tool in the international legal arena. Using… doctrinal legal research, the article examines treaties, legal frameworks, and diplomatic practices involving Indonesia to uncover the mechanisms through which language contributes to legal engagement and negotiation. The findings underscore the role of Bahasa Indonesia not only as a medium of communication but also as a conveyor of legal identity, national values, and negotiation strategy. The research concludes that linguistic representation in international law fosters legal pluralism and enhances the legitimacy and inclusiveness of global legal norms.  

ANALISIS PERSEPSI KEMUDAHAN, RISIKO, KEPERCAYAAN DAN SIKAP KEUANGAN TERHADAP MINAT PINJAMAN ONLINE

Zeze Zakaria Hamzah, Mujito
Abstract: Perkembangan teknologi yang pesat telah mengubah berbagai sektor, termasuk teknologi keuangan (fintech). Salah satu layanan fintech yang paling populer di Indonesia adalah peer-to-peer (P2P) lending, yang menyediakan layanan… anan pinjaman online dengan akses yang cepat dan mudah. Namun, meningkatnya minat terhadap pinjaman online telah menimbulkan berbagai permasalahan, seperti rendahnya literasi keuangan, perilaku pinjaman yang tidak bertanggung jawab, serta maraknya platform pinjaman online ilegal. Penelitian ini bertujuan untuk menganalisis pengaruh persepsi kemudahan penggunaan, persepsi risiko, kepercayaan, dan sikap keuangan terhadap niat mahasiswa Institut Teknologi dan Bisnis Dewantara dalam menggunakan pinjaman online. Penelitian ini menggunakan pendekatan kuantitatif dengan analisis regresi linier berganda. Data dikumpulkan melalui survei yang melibatkan mahasiswa Institut Teknologi dan Bisnis Dewantara. Uji statistik seperti uji validitas, uji reliabilitas, dan pengujian hipotesis dilakukan menggunakan SPSS. Hasil penelitian menunjukkan bahwa faktor psikologis dan perilaku keuangan secara signifikan memengaruhi minat mahasiswa dalam menggunakan pinjaman online. Penelitian ini memberikan kontribusi dalam memahami risiko serta faktor-faktor yang memengaruhi perilaku peminjaman, sehingga dapat memberikan wawasan untuk meningkatkan literasi keuangan dan manajemen keuangan yang bertanggung jawab di kalangan mahasiswa.

MODERNITAS KONTEMPORER DAN PROSPEKNYA DALAM ISLAM (BERDASARKAN PEMIKIRAN FAZLUR RAHMAN DALAM ISLAM & MODERNITY)

Abdul Hafith, Taufik, Subhan Abdullah Acim, Jumarim
Abstract: Fazlur Rahman is one of the modern Muslim thinkers who plays an important role in the reconstruction of Islamic thought, especially in responding to the challenges of modernity. He argues that Islam is not a static teaching,… ing, but rather a dynamic value system that must always develop in accordance with the changing times. One of Rahman's main criticisms of the Islamic world is the tendency to understand the Qur'an and Sunnah literally without considering their historical and social context. He offers a double movement methodology, an approach that traces the original meaning of the text in its historical context, then applies it to modern conditions. This approach allows Islam to remain relevant without losing its essence. In addition to the interpretation methodology, Rahman also contributed to the reform of Islamic education, the integration of science with religion, and the reconstruction of Islamic law based on the principle of maqasid al-shariah. He emphasized the importance of reopening the door of ijtihad so that Muslims do not get caught up in taqlid, namely the attitude of accepting Islamic law dogmatically without critical evaluation. Rahman also criticized Islamic fundamentalism which tends to reject modernity absolutely, as well as radical secularism which seeks to eliminate the spiritual aspect of human life. According to him, Muslims must be able to adopt the positive aspects of modernity, such as the development of science and technology, without sacrificing Islamic values. With a more rational and contextual approach, Rahman provides a foundation for Islamic renewal that is not only based on tradition, but also open to the development of the times. His thoughts offer solutions to various global challenges faced by Muslims, including in legal, social, and economic aspects. Thus, modernity is not a threat to Islam, but rather an opportunity to strengthen Islamic values in the lives of contemporary society.

GENEALOGY OF THE THOUGHT OF MAQĀṢID Al-SYĀṬIBῙ: AN INTERTEXT STUDY OF THE BOOK AL-MUWĀFAQĀT

Sulaiman, Akhmad
Abstract: This article examines the genealogy of al-Syāṭibī’s maqāṣid thought in al-Muwāfaqāt, focusing on its intertextual roots and later influence in contemporary Islamic legal thought. Using qualitative library research and intertextual… arch and intertextual analysis, it reads al-Muwāfaqāt not as an isolated text, but as part of a broader network of uṣūl al-fiqh traditions before and after al-Syāṭibī. The study argues that al-Syāṭibī’s maqāṣid theory was not entirely new, but represented a systematic development and epistemological reconstruction of earlier ideas, especially al-Ghazālī’s conception of maṣlaḥah mursalah. Al-Syāṭibī’s major contribution lies in transforming maṣlaḥah mursalah from a subsidiary legal proof into a foundational principle of Islamic legal reasoning. The article also shows that the Mālikī intellectual milieu of Granada, along with rational elements introduced through Mu‘tazilite theology and philosophy, contributed to the formation of his thought. After a long period of dormancy, al-Syāṭibī’s maqāṣid thought was revived through the publication of al-Muwāfaqāt in Tunisia and later developed by Ibn ‘Āshūr, contemporary uṣūl scholars, and Qur’anic hermeneutical thinkers such as Abdullah Saeed.

ANALYSIS OF THE FEASIBILITY STUDY OF CATFISH BREEDING BUSINESS IN SIPANGE GODANG VILLAGE

Rauli, Hesti, Lestari, Sry, Arif, Muhammad
Abstract: The catfish hatchery business has quite good market opportunities due to the increasing public demand for catfish as a widely consumed food source. This study aims to analyze the feasibility of the catfish hatchery business… ess in Sipange Godang Village in terms of non-financial aspects, financial aspects, and sharia principles. This study uses a descriptive research type with a qualitative approach. The research informants were three catfish hatchery entrepreneurs selected using a saturated sampling technique. Data were collected through observation, interviews, and documentation, then analyzed using the Miles and Huberman model. The business feasibility analysis was carried out based on legal, market and marketing, technical, management, socio-economic, environmental, and financial aspects using the Payback Period (PP), Break Even Point (BEP), and Revenue Cost Ratio (R/C Ratio) methods. The results of the study indicate that the catfish hatchery business in Sipange Godang Village is feasible to be run and developed. Viewed from the non-financial aspect, the business has fulfilled the legal, market and marketing, technical, management, socio-economic, and environmental aspects, although strengthening the business legality is still needed. From a financial perspective, the business is able to recoup its capital, sales are above the break-even point, and its R/C ratio is greater than 1, making it financially viable. Based on Sharia principles, the business is run honestly and free from riba, maysir, and gharar.

LEGAL POLICY ON HANDLING CORRUPTION BASED ON MASLAHAH: THE PROBLEM OF DISPARITY IN THE IMPLEMENTATION OF ARTICLE 4 OF LAW OF THE REPUBLIC OF INDONESIA NUMBER 31 OF 1999

Yardi, Piet, Ulum, Bahrul, Halim, Abdul
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.

PUBLIC POLICY EVALUATION AND ENVIRONMENTAL GOVERNANCE OF THE REMPANG ECO CITY PROJECT : LESSONS FROM A CONTESTED NATIONAL STRATEGIC PROJECT IN INDONESIA

Meriza, Rika, Yustina, Yustina
Abstract: This study aims to analyze public policy evaluation and environmental governance issues surrounding the Rempang Eco City Project in Indonesia, particularly following its exclusion from the National Strategic Project agenda.… da. The research employs a qualitative approach using a case study method and systematic literature review from government regulations, scientific journals, environmental organization reports, official investigations, and national media coverage related to Rempang Island. Data were analyzed using public policy and environmental mitigation perspectives. The findings indicate that the Rempang Eco City policy generated serious social conflicts, ecological threats, and legal uncertainty due to weak community participation during the policy formulation process. From an environmental mitigation perspective, the industrialization of Rempang Island has the potential to trigger coastal ecosystem destruction, air and water pollution, coastal abrasion, loss of fishermen’s livelihoods, and prolonged social conflict. The government’s recent decision to remove Rempang Eco City from the National Strategic Project list is considered an important corrective policy. However, unresolved legal and environmental governance issues remain. Policy evaluation based on effectiveness, efficiency, adequacy, equity, responsiveness, and appropriateness demonstrates that the Rempang Eco City policy failed to fulfill the principles of sustainable development and good governance.

ANALYSIS OF ENVIRONMENTAL DISASTER MITIGATION ON REMPANG ISLAND : EVALUATION AND CANCELLATION OF NATIONAL STRATEGIC DEVELOPMENT POLICY

Ma’rifatullah, Tauhid, Yustina, Yustina
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.

PUBLIC POLICY EVALUATION AND ENVIRONMENTAL DISASTER MITIGATION PREDICTION REGARDING THE CANCELLATION OF THE GLASS INDUSTRY STRATEGIC DEVELOPMENT IN REMPANG ISLAND

Roza, Vivin Delvya, Yustina, Yustina
Abstract: This study aims to analyze the evaluation of public policy and environmental disaster mitigation predictions regarding the cancellation of the strategic glass industry development in Rempang Island. The study employed a… qualitative approach with a case study design and data collection through systematic literature review. Data analysis was conducted using the interactive model of Miles, Huberman & Saldana (2014). The results show that the Rempang Eco City National Strategic Project (NSP) failed comprehensively due to a procedurally flawed and non-participatory formulation process. Economic valuation research by Trend Asia et al. (2025) found that the average household income of Rempang residents reached IDR 32.77 million per household per month, far exceeding the government’s claim of IDR 3 million, while potential environmental losses reached IDR 109 million per household per month. Based on Dunn’s (2003) six policy evaluation criteria, this policy proved to be ineffective, inefficient, inadequate, inequitable, unresponsive, and inappropriate. President Prabowo Subianto’s decision to exclude Rempang Eco City from the NSP list through Presidential Regulation No. 12 of 2025 was the right step, yet still requires more decisive regulation to provide legal certainty for affected communities.

ENVIRONMENTAL RISK MITIGATION ANALYSIS OF GLASS INDUSTRY DEVELOPMENT POLICY ON REMPANG ISLAND

Nularna, Patminah, Yustina, Yustina
Abstract: This research comprehensively analyzes the glass industry development policy on Rempang Island, Batam City, Riau Islands Province, using an environmental risk mitigation approach. Employing a descriptive qualitative method… od with a case study design and library research, this study examines five main dimensions: the chronology of the Rempang Island case, policy conflicts and controversies, the government regulatory framework, disaster risk analysis from nine environmental perspectives, and overall policy evaluation. The findings reveal that the Rempang Eco City project, designated as a National Strategic Project (PSN) through Permenko for Economic Affairs Number 7 of 2023, triggered prolonged agrarian conflict due to the absence of meaningful participation from indigenous Malay communities who have inhabited 16 ancient villages on the island since 1834. The project implementation was marked by forced evictions, repeated acts of violence, and non-transparent environmental impact assessment (AMDAL) processes. Disaster risk analysis from nine environmental perspectives covering air quality, water quality, coastal and marine ecosystems, sand mining and geological degradation, biodiversity, community health, social-cultural impacts, climate change vulnerability, and environmental governance consistently produces high-risk assessments, affirming that Rempang Island as a small island ecosystem lacks adequate carrying capacity for large-scale glass industrial development without permanent and irreversible ecological damage. Although Presidential Regulation Number 12 of 2025 de facto removed Rempang Eco City from the list of 77 National Strategic Projects under President Prabowo Subianto’s administration, the absence of an explicit revocation of Permenko Number 7 of 2023 creates ongoing legal ambiguity for affected communities. This research concludes that Indonesia urgently requires fundamental reform in its investment-based development policy paradigm, encompassing strengthened indigenous community participation mechanisms, elevation of AMDAL as a non-circumventable legal requirement prior to investment designation, and application of the ecological precautionary principle in small island development.