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Agnes Novita Br Simanjorang; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Daniel Fransisto Hutabarat; Fahira Silva Dilla Nst +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of understanding of the law and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.  

Bella Permata Sari; Devika Putriani; Diva Oktanadia; Rama Harfi Ferdinan; Sendy Setia Ardifta +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Economic globalization is a process that significantly impacts the structure and values within Islamic political economy. Market integration, trade liberalization, and cross-border capital flows have created an increasingly competitive and capitalistic global economic order. On one hand, globalization provides opportunities for developing countries, including Indonesia, to access new technologies, expand export markets, and increase foreign investment. However, on the other hand, globalization also poses serious challenges for Islamic political economy, particularly due to the dominance of capitalist principles that contradict the fundamental values of Islamic economics, such as justice ('adl), balance (tawazun), and the prohibition of riba and gharar. Additionally, internal challenges such as low community literacy, a lack of innovation in Sharia-compliant financial products, and insufficient policy support further hinder the development of the Islamic economy. This research employs a descriptive qualitative method based on literature studies to analyze the impact of globalization on Islamic political economy. The findings indicate that adaptive strategies, innovation enhancement, regulatory strengthening, and the improvement of literacy and research are necessary for Islamic political economy to play a strategic role in addressing the challenges of globalization. Thus, it is hoped that Islamic political economy can contribute to the realization of a more just and sustainable global economic order.

Dyah Erlina Sulistyaningrum; Suryadi Suryadi; Husin Husin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The obligation to seek knowledge holds a central position in Islamic law, grounded in strong normative and theological principles. Islam classifies the pursuit of knowledge as fardhu ‘ain (an individual duty) for essential religious and worldly knowledge, and fardhu kifayah (a collective duty) for broader societal needs. This article explores the legal foundations of this obligation in Islamic jurisprudence and examines its relevance in the context of contemporary education. Using a normative-juridical method, this study analyzes primary Islamic sources such as the Qur’an, Hadith, and the views of classical and modern scholars. The findings show that Islam does not treat knowledge merely as a tool for personal development, but as a moral and spiritual responsibility. In modern educational systems, these values remain highly relevant, particularly in addressing ethical decline and the loss of purpose in learning. This article recommends the integration of Islamic legal perspectives on knowledge into educational curricula to help restore the spiritual and moral aims

Latifolia, Thalita Raissa; Najwa Salsabilla Asmara; Athalla Fikra Yazdaniar; Muhammad Farras Mukhlis

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research conducts a juridical analysis of the problematic implementation of income tax on digital economic activities within Indonesia's taxation system. Digital transformation has altered the global economic landscape, yet the existing tax system has not fully accommodated the specific characteristics of the digital economy. This study aims to identify weaknesses in the income tax legal framework within the digital economy context and formulate an ideal construction for income tax regulation that can optimize tax revenue without impeding digital economic growth. The research employs a normative juridical methodology with statute approach, conceptual approach, and comparative approach. The findings indicate that current income tax provisions are ineffective in addressing digital economy challenges, particularly concerning concepts of income sources, permanent establishment, and monitoring mechanisms. The study recommends comprehensive reforms including redefinition of fundamental tax concepts, strengthening of the withholding tax system, development of tax information technology infrastructure, and harmonization with international standards. The ideal construction of income tax regulation must consider principles of legal certainty, fairness, administrative efficiency, and economic neutrality to create a taxation system adaptive to digital economic developments.

Farda Fahira; Laeli Nur Khanifa; Nisaul Istiqomah; Juwita Siregar; Azizah Vara Ramadhansyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The implementation of educational financial management is crucial as part of the commitment to progress that is the focus of this study, with the aim of examining financial management based on the principles of effectiveness, efficiency, transparency, and accountability in the 'Aje Kendor Sekolah' program using Public Financial Management Theory and Policy Implementation Theory. This study uses a qualitative research method with Creswell's case study approach. The research findings indicate that budget management aligns with formal procedures, but planning is not yet fully participatory. The reporting system is structured, but community involvement in oversight remains symbolic. The presence of collaboration among various stakeholders has not addressed the shortages in facilities and funding. Therefore, these shortages need to be addressed to encourage sustained school participation in the future.

Anisa Ayu Aprianti; Laeli Nur Khalifah; Amealiea Prihatiningsih Malandy’s; Siti Nurlita

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The tourism sector is an important aspect in the sustainability of economic development in Indonesia. One of the tourism in Banten Province is Banten Lama Tourism, this area is an important historical site in Indonesia.  As a manager, the Banten Provincial Government must revitalize the Banten Lama area including the physical restoration of buildings, infrastructure, and public facilities that have been damaged or degraded both in terms of function and aesthetics. The purpose of the research is to examine the extent to which the principles of good governance are applied in the process of APBD management in the revitalization of the Banten Lama area.  This research uses a qualitative research type of case study approach a la Creswell. The existence of a revitalization budget report is a form of Banten Provincial Government has shown an initial form of accountability commitment in the management of public funds through the preparation and realization of the Banten Lama Area revitalization budget. The legal basis for revitalization is the 2016 Governor Regulation Number 14 article 5, Governor Decree Number 437/Kep.160-HUK/2018, the 2010 Cultural Heritage Law Number 11 in article 43 and the Momerandum of Understanding (MoU) Number 430/MOU.4-HUK/2017, 430/718-Setda/2017 & 516/MOU.24-HUK-2017 on October 4, 2017 by the Banten Provincial Government, Serang City Government and Serang Regency Government. The implication of the research is to understand how the impact on the development of Banten Lama tourism area.

Ayu Safitri Azah Fadhila; Dwi Windyastuti Budi Hendrarti; Nuke Faridha Wardhani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This article discusses the judicial intervention that occurred in the 2024 Presidential and Vice Presidential Election in Indonesia, focusing on the Constitutional Court Decision No.90/PUU - XXI/2023. The study aims to analyze the impact of this decision on the political process, judicial ethics, and the quality of democracy in Indonesia. The method used is a qualitative approach with literature study. The findings indicate that judicial intervention can undermine the rule of law and public trust in the judiciary. There are also indications of a conflict of interest involving the Chief Justice of the Constitutional Court, which could violate democratic principles. Reforms in the oversight and selection of judges are proposed as steps to uphold constitutional integrity and strengthen democracy in Indonesia.

Septy Amelia Handayani; Desak Andini Parameswari; Lucky Dafira Nugroho

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Indonesia is a unitary state comprised of thousands of islands and vast seas. Land is a vital asset for both the people and the state; therefore, its control, use, and preservation must be regulated fairly to prevent misuse, particularly by foreign parties. This study focuses on the extent to which the limitations on land ownership by foreign nationals (FNs), as established by national law, can be effectively applied in cases occurring beyond Indonesia's jurisdiction.The aim of this research is to examine how the principle of lex rei sitae, the doctrine of cross-border inheritance law, and the concept of ordre public in Indonesian law interact with one another in order to formulate legal policies that uphold agrarian justice and national sovereignty, while also adapting to global changes. The findings of this study reveal that the principles of lex rei sitae and ordre public serve not merely as grounds for legal rejection, but as fundamental pillars in shaping land ownership policies for foreign nationals based on fairness, proportionality, and sustainability. By implementing a legal system that is firm, consistent, yet flexible, Indonesia is able to safeguard its national sovereignty while also fostering international trust as a rule-of-law state capable of facing global challenges without losing its national identity.

Vicensia Syafila Prayadin; Cindy Aulia Ainur Azizah; Intan Dwi Sukowati; Muhammad Irfan Bahi Haqi; Hanifah Alya Hidayah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the effectiveness of village fund expenditure in Kedamean Village, Kedamean District, Gresik Regency in 2025. The approach used is qualitative with descriptive methods, through in-depth interviews with the Village Head, Treasurer, and Village Consultative Body, as well as analysis of official documents such as budget realization reports and Village Budget Work Plans. The results of the study indicate that village fund expenditure in Kedamean Village is classified as very effective which has followed the principles of transparency and accountability according to regulations, but several obstacles are still found such as inconsistencies between planning and implementation, limited capacity of village officials, and less than optimal realization of development programs and community empowerment. This study recommends strengthening the capacity of village officials, increasing community participation, and optimizing internal and external supervision to increase the effectiveness of village fund expenditure in order to achieve sustainable village development and improve community welfare.

Nayla Putri Abdullah; Natasya Yadila; Happy Sturaya Quratuainniza; Muh Rozi Asri; Dwi Desi Yayi Tarina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Default refers to a situation where one party to an agreement fails to fulfill or negligently performs its obligations as stipulated in the contract between the creditor and debtor. This study examines a case of default in an employment contract, as seen in the South Jakarta District Court Decision No. 276/Pdt.G/2012/PN.Jkt.Sel, where an employee unilaterally resigned before the contract’s expiration without fulfilling the agreed-upon obligations. The research aims to analyze the legal resolution of default and the judge’s considerations in ruling on the case. Using a normative juridical method with a case study approach, the study concludes that the court ruled the defendant in default and ordered compensation as specified in the employment agreement. The judge’s decision was based on the principles of freedom of contract, pacta sunt servanda, and good faith.

Junaidi Junaidi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Indonesia's Sharia capital market has experienced significant growth in the past decade, along with rising public awareness of Islamic economic principles and the adoption of digital technologies. This study aims to analyze the role of digital transformation in supporting the development of the Sharia capital market and to identify structural challenges, particularly in regulatory, financial literacy, and cybersecurity aspects. The methodology used is descriptive qualitative with a literature study approach, drawing on secondary data from reputable journals and official publications from OJK and the Indonesia Stock Exchange. The results indicate that while technological transformation has opened significant opportunities such as increased financial inclusion and youth investor engagement, the Sharia capital market still faces serious challenges related to unadaptive regulations, cyber threats and low investor literacy. This study recommends synergy between regulators, industry players and educational institutions to strengthen a sustainable Sharia capital market ecosystem.    

Andika Kelvin Franata Pakpahan; Bambang Fitrianto; Nico Saputra Nasution; Ahmad Ridwan Nasution

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The enforcement of fair and transparent justice requires a firm guarantee of the principles of fair trial and open justice within the judicial system. These two principles are fundamental to the protection of human rights and serve as essential mechanisms to ensure the accountability of judges as executors of judicial power. This study aims to analyze the implementation of fair trial and open justice principles in judicial oversight practices through the instruments of legal memorandum and public examination (eksaminasi). This research employs a normative method with a statutory and document-based approach. The findings indicate that although not formally regulated as part of Indonesia’s judicial oversight system, legal memoranda and examinations play a significant role in enabling public participation and control over judicial independence and integrity. Strengthening these instruments can serve as an effective strategy to realize an accountable, transparent judiciary that upholds procedural justice.

Vina Hardyana Infantri; Retno Meilani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The third amendment to Law Number 1 of 2025 on State-Owned Enterprises has presented several juridical issues that need to be studied in depth, one of which is related to the establishment of the Daya Anagata Nusantara Investment Management Agency (Danantara). One of the main issues is the lack of public participation in drafting regulations, both at the planning stage and the formulation of legal norms. In addition, the existence of Danantara, which adopts the Sovereign Wealth Fund (SWF) model, raises the potential for overlap with a similar institution, the Indonesia Investment Authority (INA), which was established earlier. Provisions regarding the filling of organ positions, exceptions to the definition of state finances and losses, and weak external oversight mechanisms further strengthen concerns about irregularities in governance. These conditions are potentially at odds with the general principles of good governance (AAUPB), the Law on Government Administration, the Law on State Ministries, and the Law on the Eradication of Corruption. Therefore, it is necessary to analyze the establishment of the Daya Anagata Nusantara Investment Management Agency (Danantara), focusing on the legal basis for its establishment and its compatibility with the principles of constitutional law and government administration in Indonesia.

Firra Astria Kristaung; Nurwita Ismail; Arifin Tumuhulawa

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The role and responsibilities of Regional Regulations differ based on the principles and practices stated in the Constitution/UUD and the Regional Government Law. This role is important in ensuring that every regional legal product produced has good substantive and procedural quality. The purpose of this study is to determine and analyze the existence of the Gorontalo Regional Office of the Ministry of Law in improving the quality of regional legal products produced. The method used in this study is an empirical research type, namely legal research based on the reality that researchers obtain in accordance with data in the field. The Gorontalo Regional Office of Law also pays attention to the principle of public participation. In every mentoring process, the regional government involves the community and stakeholders in the preparation of regional regulations. This is an embodiment of the principle of democracy in a state of law, where the law does not only come from above (top-down), but also from below (bottom-up). This strengthens the legitimacy of the law in the eyes of the community and ensures the sustainability of the implementation of these regulations. The existence of the Gorontalo Regional Office of the Ministry of Law plays a central role in efforts to improve the quality of regional legal products. Through the functions of harmonization, consultation, and legal education that are continuously carried out to local governments and stakeholders, the Regional Office contributes greatly to ensuring that every regional regulation produced meets formal legal aspects, but also reflects justice.

St. Nurafni Mutmainnaturrahmah; Mabruri Andatu; Ahmad Muti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study analyzes the comparison of peer-to-peer (P2P) lending contract law in the perspective of positive law and Islamic law. Major problems in the industry include the risk of default, contract defects, and a lack of transparency. The research method used is literature research. The results show that positive laws provide a framework for consumer protection, but are often inadequate in protecting vulnerable parties. On the other hand, Islamic law emphasizes justice and the prohibition of usury, although the practice in the field is not yet fully appropriate. The study recommends collaboration between regulators and service providers to create a fair and law-abiding system. This is expected to contribute to the development of P2P lending policies and practices that are more sustainable and in accordance with sharia principles.

Zeis Zultaqawa; Mohamad Donie Aulia; Yaumi Sidik Ginanjar; Mohammad Husni Syam; Wahyudi Wahyudi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The World Trade Organization (WTO) acts as the main institution in regulating the global trading system based on the principles of fairness and openness. However, in practice, protectionist challenges arising from large countries, such as in the trade conflict between the United States and China, hamper economic liberalization efforts and create instability in the global market. This study aims to analyze the effectiveness of the WTO's role in facing these protectionism challenges. The method used is normative juridical with a qualitative approach, which includes analysis of WTO regulations and policies, as well as a comparative approach to examine the impact of protectionism in several countries. Data were obtained through literature study of academic sources and relevant international legal documents. The results show that policy harmonization between the WTO and its member countries is needed to maintain the stability of the multilateral trading system. In addition, reforms to the WTO dispute settlement mechanism are crucial to make it more adaptive to global geopolitical dynamics. Developing countries are advised to improve competitiveness through market diversification and strengthening economic diplomacy to remain relevant in the changing international trade architecture.

Regar Vina Febrina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The principle of legality is one of the main principles adopted by criminal law. Indonesia has incorporated the principle of legality into the first article of the Criminal Code, which carries the consequence that the imposition of criminal penalties must first be regulated in written law. The reform of criminal law through the New Criminal Code continues to apply the principle of legality in Article 1 and also adds recognition to the laws existing in society that are generally unwritten. The recognition of unwritten laws in the New Criminal Code does not mean shifting the principle of legality and applying the law arbitrarily, but rather a form of realization of the principle of legality in accordance with the characteristics of Indonesian society. The New Criminal Code has provided limits on the application of unwritten laws existing in society, namely if the Criminal Code does not regulate the punishment and must be in accordance with Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles recognized by the community of nations.

Audrey Adyuta Putri; Elisatris Gultom

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze legal certainty in the post-acquisition integration process and its impact on the protection of shareholders' rights based on the Limited Liability Company Law (UUPT) and the Financial Services Authority Regulation (POJK). Using a normative legal approach and case studies, this study finds that the absence of specific regulations, weak supervisory mechanisms, and the lack of synchronization of corporate culture are the main factors causing integration failure and potential losses for shareholders, especially minority shareholders. To realize a fair and sustainable integration process, it is necessary to strengthen internal governance based on the principles of Good Corporate Governance (GCG), risk-based supervision, and external regulatory reforms that are more responsive to business dynamics. This study recommends the active involvement of authorities in regulating post-acquisition integration and the implementation of transparent and accountable evaluation mechanisms to protect the interests of all stakeholders. These findings contribute to the formulation of a fair and adaptive integration model in the Indonesian legal and economic environment.  

Maksimiliane Kolorian Hilem; Orpa Juliana Nubatonis; Chatryen M. Dju Bire

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research is a research that aims to find out and analyze the violation of the principle of pacta sunt servanda in the case of PT Asuransi Jiwasraya's default on legal protection for policyholders. This research is a normative research supported by a legislative approach, a conceptual approach and a case approach using primary legal materials and secondary legal materials collected using literature study techniques after which they are analyzed in a qualitative descriptive manner. The results of the study show that the factors that cause the violation  of the principles of Pacta Sunt Servanda in the Case of PT Asuransi Jiwasraya Default are poor corporate governance, investment in high-risk instruments, financial irregularities and weak financial management, stock price engineering, and weak application of the prudential principle in investing.

Sam Meldrian Althonsius Oematan; Saryono Yohanes; Dhesy A. Kase

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Constitutional Court (MK) regarding the Election Law on the presidential and vice presidential nomination threshold. Since the presidential election was held directly, the issue of the threshold for nominating presidential and vice presidential candidates has always surfaced every time a presidential election is held. In 2004, for example, the presidential nomination threshold was 10 percent. This research is a juridical-normative research, namely a process to find legal rules, legal principles, and legal doctrines in order to answer the legal issues faced. The data was analyzed descriptively-qualitatively.The results of this study indicate that the Constitutional Court Decision Number 74/PUU-XVII/2020 concerning the presidential nomination threshold (Presidential Threshold) is one of the important decisions in the discourse of democracy in Indonesia. The following is an explanation of the Ratio Decidendi of the decision in relation to the concept of democracy: Constitutionality of the Presidential Threshold The Constitutional Court (MK) in its decision emphasized that the presidential threshold or presidential nomination threshold is constitutional. This means that the provisions regarding the threshold do not conflict with the 1945 Constitution. The Constitutional Court is of the opinion that the presidential threshold is an open legal policy (Open Legal Policy) which is the authority of the lawmakers, namely the House of Representatives (DPR) and the President. The purpose of the Presidential Threshold, the Constitutional Court explained that the purpose of the presidential threshold is to simplify the party system and the presidential system, as well as to create government stability. The Ratio Decidendi of the Constitutional Court Decision Number 74/Puu-XXII/2024, Number 87/Puu-XXII/2024, Number 129/Puu-XXI/2023, Number 131/Puu-XXI 2023 concerning the Presidential Nomination Threshold is the Presidential Threshold is constitutional and does not conflict with the principles of democracy.