Abstract:The development of Rempang Island through the Rempang Eco-City project has become one of Indonesia’s strategic initiatives to promote investment, industrialization, and regional economic growth in coastal areas. While the…
the project is expected to strengthen economic competitiveness and attract large-scale investment, its implementation has generated significant social, environmental, and governance challenges. Existing studies on Rempang have primarily focused on land disputes, relocation issues, and agrarian conflicts, with limited attention given to disaster risk governance and socio-ecological vulnerability perspectives. This study aims to analyze the development of Rempang Island through the lens of Disaster Risk Governance (DRG) and socio-ecological vulnerability to understand how development policies, environmental change, and governance arrangements interact in shaping risks within coastal regions. This study employs a qualitative approach using literature review and policy analysis. Data were collected from government regulations, official reports, public policy documents, human rights reports, academic publications, and other credible secondary sources. The analytical framework integrates disaster risk governance, socio-ecological vulnerability, and public policy theories. The findings indicate that the Rempang conflict should not be understood solely as an agrarian dispute or community resistance to relocation. Instead, it reflects broader governance challenges associated with integrating disaster risk considerations into coastal development policies. The project has the potential to generate socio-ecological vulnerabilities related to land tenure uncertainty, livelihood transformation, cultural identity concerns, environmental pressures, and limited stakeholder participation. The study argues that sustainable coastal development depends not only on economic investment but also on the capacity of governance systems to manage emerging risks through collaborative, adaptive, and inclusive approaches. The article contributes to the literature by positioning the Rempang case as a governance-of-risk issue and highlighting the need to integrate economic development, environmental sustainability, and disaster risk reduction within coastal governance frameworks.
Abstract:This study aims to analyze the urgency and mechanisms of implementing Restorative Justice in resolving family conflicts from the perspective of Islamic Family Law. Amid the high rates of divorce and domestic violence, formal…
rmal litigation approaches often fail to repair fractured relationships among family members. This research employed a qualitative method with a normative juridical approach. Data were collected through literature studies of Islamic legal texts, Indonesian statutory regulations, and related literature on Restorative Justice. The findings indicate that the concept of Restorative Justice has strong relevance to the principle of Ishlah (reconciliation) in Islamic Family Law. Unlike the retributive approach, which focuses on punishment, Restorative Justice prioritizes relationship recovery, forgiveness, and collective welfare. In practice, instruments such as mediation in Religious Courts and the role of Hakam (peace mediators) represent clear manifestations of these restorative values. The study concludes that integrating Restorative Justice into the family law system is not only effective in reducing divorce rates but also capable of preserving the psychological well-being of family members, especially children. The academic contribution of this study lies in providing a theoretical foundation for the development of positive law in Indonesia to become more accommodative toward non-litigation dispute resolution based on religious values and local wisdom. The researcher recommends strengthening technical mediation regulations so that they do not merely become procedural formalities in court.
Abstract:The rapid expansion of the digital economy in Indonesia has significantly transformed business practices and, consequently, the landscape of business dispute resolution. This study presents a critical comparative analysis…
s of arbitration—particularly online arbitration—and conventional court litigation in resolving business disputes in post-digitalization Indonesia. The research focuses on two principal aspects: legal certainty and time efficiency. Using normative juridical analysis supported by relevant legal theories, including Progressive Legal Theory, Development Legal Theory, and Legal Convergence Theory, this study examines the adaptability of dispute resolution mechanisms within the framework of Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution and related regulations governing electronic court administration. The findings indicate that arbitration, especially through Online Dispute Resolution (ODR), offers greater procedural flexibility, shorter resolution time, and cost efficiency compared to conventional litigation, which remains burdened by rigid procedural stages, administrative complexity, and case backlogs. Digitalization has further enhanced arbitration efficiency by enabling electronic submission of documents, virtual hearings, and digital evidence examination. However, challenges persist, including technological infrastructure limitations, data security concerns, and the need for regulatory harmonization to ensure enforceability and equal legal legitimacy with court decisions. This study concludes that while digital arbitration demonstrates superior time efficiency and practical advantages, regulatory reform and institutional strengthening are essential to guarantee optimal legal certainty in Indonesia’s evolving digital business environment.
Abstract:In Indonesia, dividing an inheritance can become particularly challenging when it involves a second wife and children from different marriages. One of the most sensitive issues is determining each child's rightful share,…
especially when the legal status of the second marriage is uncertain. This study uses a qualitative library research method, drawing from both primary legal texts and supporting literature to explore this issue.The findings, based on the study “Analysis of Inheritance Distribution for Children of a Second Wife According to Indonesian Inheritance Law”, show that Islamic inheritance law in Indonesia generally aims to provide a fair and balanced distribution through the principles of faraidh. As long as the second marriage is legally recognized, children from that union have the same inheritance rights as those from the first marriage. In practice, however, problems often occur when the second marriage hasn't been officially registered. This highlights the importance of legally documenting all marriages to protect the rights of every child and avoid future disputes among heirs.
Abstract:Mediation is an alternative method of dispute resolution that is increasingly being used in the modern legal system. This process prioritizes dialogue between the disputing parties to reach an agreement without resorting…
to litigation. In mediation, ethics plays an important role in maintaining fairness, confidentiality and professionalism, both by the mediator and by the advocates involved. Advocates have a strategic role in mediation, namely as legal advisors who provide direction to their clients, and ensure that the mediation process runs in accordance with existing ethical principles. Advocates also function to maintain the integrity and confidentiality of information obtained during mediation, as well as ensuring that clients are not pressured into accepting detrimental agreements. In this paper, we discuss the importance of ethics in mediation, the challenges faced, and the vital role of advocates in ensuring fair and effective dispute resolution. By paying attention to ethics in mediation, it is hoped that the dispute resolution process can take place more transparently, efficiently and fairly for all parties involved.
Abstract:The discussion related to bank credit problems cannot be denied that there are urgent matters that can be considered disturbing for the bank as a creditor, one of which is related to the impact of divorce which certainly…
causes problems in terms of implementing the credit agreement system made. In several previous studies, it was found that after a divorce, customers face unfavorable financial conditions, so in the end they experience problem loans because the object of credit is joint property. Spouses who have divorced and are entitled to gono-gini property, often have disputes about this. However, the wishes of each party are usually contrary to the laws applicable to the divided gono-gini property. The purpose of this study is to analyze the juridical joint property with the marriage Agreement and analyze the validity of Bank Credit Agreements by customers who are bound by marital Status with the object of joint property.
Abstract:This study aims to analyze the effectiveness of legal protection for consumers in digital transactions in Indonesia. The method used is library research with a normative juridical approach. The results of the study indicate…
ate that Indonesia actually has an adequate legal basis to protect digital consumers, which is primarily sourced from Law Number 8 of 1999 concerning Consumer Protection and Law Number 19 of 2016 concerning Information and Electronic Transactions. These regulations have set out basic principles such as the obligation of business actors to provide honest information, consumer rights to security, and the recognition of electronic evidence. However, its implementation in the field encounters various significant obstacles. Case studies on e-commerce and fintech platforms reveal that consumer losses still often occur, such as products that do not match the description, difficulties with refunds, and the vulnerability of personal data. The key finding of this study is that the main challenge lies not in the legal vacuum, but in three aspects: (1) low digital literacy and consumer law so that they are not optimal in fighting for their rights; (2) alternative dispute resolution mechanisms such as BPSK and ODR (Online Dispute Resolution) which are not yet effective, fast, and easily accessible; and (3) weak supervision and law enforcement against unscrupulous business actors in the digital space. Therefore, it is concluded that digital consumer protection efforts require a holistic approach that relies not only on regulations, but also through massive public education, strengthening dispute resolution institutions, and closer synergy between the government, business actors, and the community.
Abstract:Perkembangan dan kemajuan ekonomi di bidang syariah dibeberapa sektor terutama terkait dengan regulasi tidak bisa terbantahkan, karena dengan pesatnya perkembangan ekonomi syariah memerlukan pondasi dan tonggak yang kuat,…
, oleh karena itu, dibutuhkan pemahaman masalah ekonomi syariah secara komprehensif. Pada tahun 2016, di negara Indonesia lahirnya Peraturan Mahkamah Agung Nomor 14 Tahun 2016 tentang Tata cara Penyelesiaan Sengketa Ekonomi Syariah tentunya mempunyai prospek kedepan dalam menyelesaikan sengketa ekonomi syariah. Penyelesaian sengketa ekonomi syariah sudah ditata dan diatur, paling tidak ada dua macam pilihan penyelesaian dalam sengketa ekonomi syariah, pertama, penyelesian sengketa ekonomi syariah jalur litigasi yaitu melalui lembaga pengadilan. Kedua penyelesian sengketa ekonomi syariah jalur non litigasi yaitu penyelesaian yang diselesaikan di luar pengadilan sebagai alternatif penyelesaian sengketa meliputi alternative penyelesaian sengketa (APS) atau dengan alternative dispute resolution (ADR), lembaga konsumen dan Arbitrase
Abstract:Cara penyelesaian sengketa dapat dibedakan menjadi dua yaitu melalui jalur litigasi maupun non-litigasi. Jalur litigasi adalah mekanisme penyelesaian sengketa dengan menggunakan pendekatan hukum (law approach) yaitu melalui…
lui lembaga hukum dan aparat hukum yang berwenang. Sedangkan jalur non-litigasi adalah mekanisme penyelesaian sengketa dengan mekanisme yang hidup di dalam masyarakat seperti musyawarah dan perdamaian. Dalam hal ini sering disebut sebagai Alternative Dispute Resolution (ADR) sebagaimana diatur dalam Undang-Undang Nomor 30 Tahun 1999 Tentang Arbitrase dan Alternatif Penyelesaian Sengketa. Penelitian ini dibuat dengan tujuan untuk mengetahui efektivitas kewenangan pengadilan agama dalam menyelesaikan sengketa ekonomi syariah. Penelitian ini menggunakan jenis Penelitian hukum normatif ini menggunakan metode pendekatan perundang-undangan dan pendekatan konsep, teknik Pengumpulan bahan hukum dilakukan dengan studi pustaka. Hasil penelitian ini Menurut data pada Direktori Putusan Mahkamah Agung Republik Indonesia, sengketa ekonomi syariah yang masuk di Pengadilan Agama dari periode tahun 2018 sampai dengan tanggal 2020 yang berjumlah 57.655 Perkara, sedangkan pada arbritase syariah sejak 2018 sampai dengan 2020 ada sebanyak 247 perkara. Berdasarkan data ini dapat disimpulkan bahwa dalam menyelesaikan sengketa ekonomi syariah, kewenangan pengadilan agama sudah efektif.
Abstract:This research explores dispute resolution methods in the field of Sharia economics through the arbitration mechanism. With the rapid growth of Sharia-based financial industries, the need for effective dispute resolution…
in accordance with Sharia economic principles becomes increasingly pressing. Arbitration is considered a relevant alternative compatible with Islamic law in handling Sharia economic conflicts. This study will trace the Islamic legal principles applicable in arbitration and analyze the success and challenges of Sharia economic dispute resolution through the arbitration process. Additionally, the research will review the role of arbitration institutions and regulations supporting Sharia dispute resolution. Thus, this study provides in-depth insights into the potential of arbitration as an effective means of resolving Sharia economic disputes and its contribution to the global development of Sharia-based financial systems.