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Fauzi Anshari Sibarani

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Forced labor of children by parents remains a serious issue in the protection of children's rights in Indonesia, especially when such practices are justified on the basis of family economic needs. This study aims to analyze the legal provisions protecting children by forced labor by parents and to examine the obstacles to law enforcement. The research method used is normative legal research by a literature review approach, through an examination of relevant laws, legal principles, and legal doctrines. The findings of the research intricate that, legal positive indonesia there are a good constitutional and juridical legal basis in context is 1945 Constitution of the Republic Indonesia, Child Protection Law, Manpower Law and Convention on The Rights of Children which that make forced child labor as an economic exploitation categorization is prohibited. But the success of legal protection continues to run up against both legal and sociological challenges, including the murky borderlines of forced labour within the family, the challenge of proving psychological coercion and poverty-nurtured cultural attitudes towards child labour. Therefore a comprehensive approach, including law enforcement and social policies based on the best child interest is necessary.

Ayi Ishak Sholih Muchtar; Ah. Fathonih; Aden Rosadi; Januri Januri

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research addresses the high divorce rate in three districts and cities, highlighting the lack of household harmony and integrity. The study focuses on the role and function of the Marriage Guidance and Preservation Advisory Board (BP4) in consultation and mediation. The objectives of the research are: 1) To identify the role of BP4 in fostering household harmony, 2) To examine the implications of Family Law in BP4’s role, and 3) To analyze BP4’s contribution to household harmony in East Priangan. The research employs a sociological juridical approach, examining the law based on norms and regulations while assessing its empirical application in community life. The research adopts qualitative methods. The findings show that: 1) BP4's role in maintaining household harmony is functioning normatively and functionally through non-litigation counseling and mediation, but its implementation remains uneven and reactive, preventing optimal development of the preventive function. 2) BP4’s legal implications are strong as a pre-litigation mechanism, but its limited authority and minimal integration with the judicial system hinder its effectiveness. 3) Barriers to BP4’s assistance include low participation, limited legal authority, a litigative culture, and weak institutional capacity. The research suggests a new model for Restorative-Preventive Family Governance to strengthen BP4’s role in conflict prevention

Gusniyati Abustan; Indra Kertati; Charis Christiani

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research aims to analyze the implementation of public service innovations through the Cheap Food Movement in realizing sustainable food security in Sorong City. The research uses a qualitative approach, collecting data through in-depth interviews, observations, and documentation of key informants at the Sorong City Food Security Office, business actors, and beneficiary communities. Data analysis used the Miles and Huberman model, with triangulation of sources and methods to ensure data validity. The study results show that the Cheap Food Movement has increased community food accessibility through regular implementation, a coordinated distribution system, and partnerships with local farmers. Price affordability is achieved through cross-subsidization and a reduction of up to 30% of the market price in the distribution chain. The program's sustainability is supported by local economic empowerment and multi-stakeholder collaboration. The research implications inform the development of public service innovation models grounded in community needs. The study's limitations lie in its focus on a single region, which limits generalization. Recommendations aim to expand the program's scope, strengthen technology-based monitoring systems, and replicate models in other areas with similar conditions.

Aini Okta Alfiana; Tria Patrianti

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The phenomenon of the increase in virtual events after the Covid-19 pandemic has encouraged companies to use them as a communication strategy to strengthen their image in the digital era. Ekrutes.Id, as a technology-based recruitment platform, has taken advantage of this momentum by organizing the Ekrutalks virtual event, which is designed to introduce its services and build the image of a company based on a smart system. This research aims to describe the management of the Ekrutalks virtual event organized by Ekrutes.Id and analyze its role in building the company's image. The research uses a qualitative approach with a descriptive method. Data was collected through interviews, observations, and documentation. Data analysis was conducted using Saiddel's interactive model, which includes the stages of data reduction, data presentation, and conclusion drawing to obtain a comprehensive understanding of the phenomenon being studied. The results of the study indicate that Ekrutalks management runs in accordance with Goldblatt's five stages, namely research, design, planning, coordination, and evaluation. The research stage serves to identify audience needs, while design and planning emphasize creativity in selecting themes, speakers, and digital platforms. Meanwhile, coordination and evaluation are carried out in a structured manner to ensure the sustainability of the event. Through systematic implementation, Ekrutalks is able to build the image of Ekrutes.Id as a professional, adaptive, and technology-based recruitment platform. Thus, virtual events not only serve as a means of communication, but also become an effective strategy in shaping the company's image in the digital era.

Jericho Owen Geraldo Manalu

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of e-commerce in Indonesia makes transactions easier for consumers, but also presents various losses, such as fraud, goods that do not match the description, leaks of personal data, and problems with returning goods. In this context, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) exists as a legal basis which is expected to provide protection for consumers in online buying and selling transactions. This research aims to explore and analyze the effectiveness of the legal protection provided by the ITE Law for consumers, with a focus on protection for detrimental transactions, consumer personal data, as well as dispute resolution mechanisms. The research method used is a normative approach with a literature study of statutory regulations and related legal literature. The research results show that the ITE Law provides quite comprehensive legal protection, including the obligation of electronic system operators to ensure the security of transactions and personal data, as well as regulating sanctions for perpetrators of fraud. However, even though regulations already exist, implementation and consumer understanding of their rights is still a major challenge.

Roberto Jeronimo Cristovão; Emiliana Sri Pudjiarti

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze bureaucratic transformation and public service innovation in the dynamics of the administrative capacity of the Dili City government, specifically at the Cristo Rei District Office, in realizing responsive, accountable, and quality public services. The research approach employed a mixed methods approach, collecting quantitative data through questionnaires from 12 respondents and qualitative data through in-depth interviews with four key informants: Fernando Araujo (District Head), Marciana de Jesus Soares (Head of Administration and Finance), Jose Sarmento (Head of Program Planning), and Ernesto Mendonça (Head of Public Relations). Statistical analysis showed that institutional capacity had a very strong influence on public accountability (r = 0.806; p = 0.002), while bureaucratic responsiveness had a very strong influence on the quality of public services (r = 0.727; p = 0.007). The interviews revealed concrete practices of bureaucratic transformation, such as effective internal coordination, orderly administrative procedures, one-stop service, and responsiveness to citizen needs. This study indicates that institutional capacity and bureaucratic responsiveness are the dominant factors in improving service quality, while formal accountability needs to be made more open and participatory. The findings support the Theory of Administrative Capacity and the New Public Service, and offer recommendations to strengthen participatory mechanisms and make performance evaluation more transparent.  

ST. Amri Alimatul Muflikhah; Tri Lestari Hadiati; Karmanis Karmanis

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Digital transformation of government through the implementation of e-government has become a strategic agenda in bureaucratic reform in Indonesia. Local governments play a crucial role as a bridge between national policies and village governance practices. This article analyzes the implementation of e-government by the Batang Regency Government in support of village governance. This research uses a qualitative approach and a policy analysis method, based on literature reviews and official documents, including regional regulations, SPBE policies, and relevant institutional reports. The analysis was conducted using a theoretical framework of public policy implementation and the principles of good governance. The analysis results indicate that the Batang Regency Government has a relatively adequate e-government regulatory and institutional framework, but its implementation at the village level still faces challenges, including gaps in apparatus capacity, variations in village digital readiness, and suboptimal cross-organizational coordination. This article concludes that strengthening the role of local governments as facilitators, coaches, and coordinators of digital policies is key to the successful implementation of village e-government. These findings provide theoretical contributions to e-government studies and policy implementation, as well as practical implications for formulating local government digital policies.

Ani Aksa Maniani; Karmanis Karmanis; Try Lestari Hadiati

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the readiness of the digital bureaucracy in transforming public services in Sorong City, focusing on the capacity and digital literacy of the State Civil Apparatus (ASN). The research uses a mixed-methods approach with a sequential explanatory design, in which quantitative data are collected through questionnaires and analyzed descriptively and correlatively, and then deepened with qualitative data through in-depth interviews. The study's results show that the Sorong City Government's digital bureaucracy is in the early stages of implementation and has not been optimal. ASN capacity and ASN digital literacy are positively related to the readiness of the digital bureaucracy, but they remain at a sufficient, fundamental level. The transformation of digital public services has increased the efficiency of certain services. However, this improvement has not been evenly distributed due to limited human resources, system integration challenges, and a bureaucratic work culture. The study's implications emphasize the importance of strengthening civil servants' capacity and digital literacy as a prerequisite for the successful transformation of digital public services. The limitation of this study is in use of correlation analysis, which does not explain causal relationships. Further research is recommended to use a more comprehensive analytical approach and expand the scope of the research area.

Ida Betanursanti; Galih Mahardika Munandar; Alifta Dicasani

Nusantara Mengabdi Kepada Negeri 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Food Additives (BTP) in current consumer products increase the risk of non-communicable diseases such as diabetes, kidney failure, and cancer, particularly in children. Housewives play a central role in managing family consumption to minimize these risks. This community service activity aims to enhance the knowledge and awareness of 'Aisyiyah women in Buluspesantren, Kebumen Regency, regarding food safety and BTP regulations. The implementation method included preparing materials based on BPOM regulations, interactive education, product discussions, and simulations on reading nutrition labels. The results showed high enthusiasm from participants who are now more critical in distinguishing between natural and synthetic additives. Participants reported a significant improvement in their ability to identify food ingredients and additives in everyday products. The final evaluation recorded a 22.2-point increase in participant understanding. By establishing the habit of reading food labels, it is expected that the risk of non-communicable diseases within the family environment can be reduced, thus improving public health literacy and dietary choices within the community.

Ade Wahyu Permana; Dairani Dairani; Syahrul Ibad

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Tabuh Rah in Bali is part of a Hindu religious ceremony involving animal sacrifice to maintain harmony between nature and human life. In practice, it is often accompanied by tajen (cockfighting) involving monetary or valuable bets, potentially violating Article 303 of the Indonesian Criminal Code concerning gambling. This study examines the regulation of cockfighting as a criminal offense under Article 303 and the criminal liability of perpetrators of tajen within the context of the Tabuh Rah ceremony. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that cockfighting conducted as part of the Tabuh Rah ritual is permissible based on the Batur Agung Inscription (933 Saka) and the Batuan Inscription (944 Saka) without requiring official authorization. However, cockfighting conducted outside the ritual context and involving betting constitutes gambling in violation of the Criminal Code and Law No. 7 of 1974. Perpetrators may be held criminally liable for intentionally committing an unlawful act.

Muhammad Rizky Aditia Nugraha

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The position of children in marriage plays an important role in family law because it is related to the legal status and fulfillment of children's civil rights. Differences in regulations regarding legitimate children and children born out of wedlock in Indonesian positive law create legal uncertainty, particularly regarding civil relations with biological fathers. This study aims to analyze the legal status of legitimate children and illegitimate children and the changes in the legal paradigm following Constitutional Court Decision Number 46/PUU-VII/2010. This study uses normative legal methods with a statutory and conceptual approach. The results show that before the Constitutional Court decision, illegitimate children only had a civil relationship with their mother and their mother's family, whereas after the decision, illegitimate children can have a civil relationship with their biological father as long as the blood relationship can be legally proven. This decision confirms legal reform efforts to guarantee protection and legal certainty for children without discrimination based on birth status.

Robby Awaluddin Jamil

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

The reform of family law in Indonesia represents an essential response to social developments and the growing demand for constitutional protection of citizens’ rights. Family law, primarily governed by Law Number 1 of 1974 on Marriage, has long been criticized for not fully reflecting substantive justice, particularly for vulnerable groups such as children born outside marriage, persons with mental disabilities, and couples facing complex marital relations. In this context, the Constitutional Court of Indonesia (Mahkamah Konstitusi) plays a crucial role as the guardian of the Constitution by promoting progressive reforms through its landmark decisions. This study examines the implications of five significant Constitutional Court rulings: Decision No. 46/PUU-VIII/2010 concerning the legal recognition of children born out of wedlock; Decision No. 93/PUU-XX/2022 addressing guardianship and the rights of persons with mental disabilities; Decision No. 69/PUU-XIII/2015 allowing post-nuptial agreements; and Decisions No. 68/PUU-XII/2014 and No. 24/PUU-XX/2022 regarding interfaith marriage. These rulings demonstrate a paradigm shift from a rigid legalistic approach toward a constitutional framework grounded in human rights, equality, and substantive justice. Furthermore, notaries hold a strategic position as public officials authorized to draft authentic deeds, serving as a bridge between constitutional values and legal practice. Notaries are not merely administrative actors but are responsible for ensuring that legal documents align with positive law and provide legal certainty and protection for individuals. Therefore, the reform of Indonesian family law should not remain solely at the normative level of Constitutional Court rulings but must be effectively implemented in daily legal practice.

Dela Syahwa Fitriani; Dewi Rochmayant

Nusantara Mengabdi Kepada Negeri 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This Community Service Program (PKM) was carried out in Dander Village with the aim of increasing the marketability of agricultural products through assistance in branding strategies and digital marketing. The background of this activity stems from the low added value and limited market reach of agricultural products, most of which are still sold without clear branding and have not yet utilized digital media. The program aims to raise farmers’ awareness of the importance of brand identity, enhance their ability to design product branding, and utilize digital platforms for promotion and sales. The implementation methods included planning, socialization and branding training, digital marketing training, implementation assistance, and evaluation. Through this activity, participants were trained to create brand identities, product packaging, business social media accounts, and digital promotional content. The results showed an improvement in participants’ skills in developing branding strategies and managing digital marketing, which led to an average sales increase of 25–30%. This activity demonstrates that proper application of branding and digital marketing can enhance the competitiveness and selling value of local agricultural products in Dander Village.

Dendy Krisandi; Abdul Halim; Hardi Muhar Sungguh

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines Islamic legal protection for victims of social engineering crimes within the context of cybercrime. Social engineering is a form of digital crime that exploits psychological manipulation and trust to obtain personal data, system access, or financial benefits. Such crimes cause not only material losses but also immaterial harm, including psychological trauma, violations of privacy, dignity, and personal security. However, positive legal frameworks tend to prioritize offender punishment, while victim protection and recovery remain insufficiently addressed. This study adopts a qualitative approach with a normative-juridical research design, complemented by limited empirical insights. Data were collected through library research on Islamic legal sources—namely the Qur’an, Hadith, and fiqh jināyah—alongside statutory regulations on cybercrime and selected interviews with legal scholars and practitioners. The analysis employs a descriptive-analytical method grounded in the maqāṣid al-sharī‘ah framework, particularly the principles of ḥifẓ al-māl (protection of property), ḥifẓ al-‘irḍ (protection of dignity), and ḥifẓ al-nafs (protection of life and psychological security). The findings demonstrate that Islamic law provides a robust normative foundation for protecting victims of social engineering crimes. Such protection extends beyond retributive punishment through ta‘zīr and emphasizes restorative justice by prioritizing victims’ rights restoration, offender accountability, and public welfare. Islamic law is both adaptive and relevant in addressing contemporary cybercrime challenges and may serve as a humanistic, just, and responsive model for victim protection in the digital era.

Sudirman Sudirman; Risnita Risnita; Abdul Halim

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corruption remains a systemic challenge in Indonesia, particularly in the administration of government grant funding, undermining public trust, institutional integrity, and sustainable development. Despite the establishment of the Corruption Eradication Commission (Komisi Pemberantasan Korupsi, KPK) and other specialized bodies, law enforcement continues to face institutional, political, and cultural barriers. This study explores how Islamic criminal law can strengthen anti-corruption strategies by integrating empirical legal practices with normative religious principles. Using a normative-empirical socio-legal approach, the research combines case studies of KPK’s enforcement processes with doctrinal analysis of fiqh jināyah. Data were collected through legal document analysis, policy reviews, and qualitative evaluations of institutional reports and court rulings. Findings indicate that Islamic legal concepts such as khiyānah (breach of trust), ghulūl (misappropriation of public assets), amānah (trustworthiness), ʿadl (justice), and maṣlaḥah (public interest) provide a strong ethical foundation that complements positive law enforcement. While KPK has demonstrated effectiveness in investigation, prosecution, and prevention, its performance is constrained by political pressure, regulatory gaps, and limited resources. The study concludes that embedding Islamic ethical principles into governance, legal education, and public administration can enhance institutional accountability, reinforce preventive measures, and cultivate a culture of integrity. This normative convergence advances socio-legal pluralism and offers practical insights for value-based anti-corruption policy in Indonesia.

Adde Ramadhani; Abdul Halim; Risnita Risnita

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

One of the most contentious topics in modern Islamic family law is polygamous marriage, especially in plural legal systems like Indonesia where national laws and human rights concepts collide with religious standards. With an emphasis on the pursuit of substantive justice within both Islamic and national legal paradigms, this study uses a socio-legal framework to analyze Indonesia's reform of polygamous marriage law. In order to evaluate the efficacy of current legal regulations, such as Law No. 1 of 1974 as amended by Law No. 16 of 2019 and the Compilation of Islamic Law, this study combines the principles of maqāṣid al-sharīʿah with socio-legal theory, drawing on normative-theological analysis and qualitative doctrinal research. The results show that normative legal ideals and actual socio-legal reality continue to diverge. The ability of statutory rules to provide women and children with meaningful protection is limited because, although they set stringent procedural requirements to prevent polygamy, their execution frequently remains formalistic and institutionally constricted. Furthermore, the achievement of justice as envisioned in Islamic ethical principles is undermined by the persistence of dominant patriarchal legal cultures in influencing judicial procedures and public attitudes. In order to reframe polygamy as a conditional socio-ethical institution rather than an inalienable legal privilege, this paper suggests a reform-oriented legal framework. The study promotes a contextualized view of Islamic law that is consistent with both international human rights norms and constitutional ideals by placing a strong emphasis on substantive justice, gender fairness, and public benefit. The results provide policy-relevant insights for creating a more just and socially responsive family law system in Indonesia and add to the ongoing discussions on Islamic legal reform.

Wiji Nur Eko Wahyu; Abdul Halim; Risnita Risnita

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Particularly in emerging nations, corporate environmental criminality poses a serious threat to environmental justice, sustainable development, and legal responsibility. With a focus on corporate crime theory and green criminology, this study critically analyzes corporate environmental crime using an integrative framework that blends modern criminological viewpoints with Islamic criminal law (fiqh al-jināyah). This study examines how Islamic legal concepts, particularly the doctrine of maqāṣid al-sharī‘ah, can enhance current models of corporate criminal responsibility and environmental governance using a normative-analytical and conceptual approach. The results show that structural incentives, lax enforcement, and profit-driven rationalization tactics make traditional regulatory and penal measures ineffective at discouraging corporate environmental malfeasance. Islamic criminal law provides a revolutionary framework that places environmental conservation as both a legal requirement and a moral necessity because of its strong ethical orientation and comprehensive view of justice. With a focus on ecological balance (ḥifẓ al-bi’ah), property (ḥifẓ al-māl), and life preservation (ḥifẓ al-nafs), this study offers a value-based corporate accountability approach that goes beyond deterrence-oriented punishment and prioritizes prevention, restoration, and social responsibility. By broadening the doctrinal scope of Islamic criminal law to acknowledge corporate criminal culpability, this integrative approach makes a theoretical contribution. Practically, it informs regulatory enforcement and environmental policy change. The study presents an interdisciplinary paradigm that unites criminological analysis and religious legal reasoning, providing a strong basis for creating environmental governance systems that are just, moral, and sustainable, especially in developing nations and jurisdictions with a majority of Muslims.

Mawardi Mawardi; Roibin Roibin; Musleh Harry

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The increasing rate of divorce in rural areas indicates serious challenges in maintaining family resilience as well as the limited effectiveness of formal litigation-based dispute resolution. Judicial processes that tend to be procedural, time-consuming, and focused on legal termination often fail to address the substantive justice needs of the disputing parties. Consequently, alternative dispute resolution mechanisms that are more responsive to local social and cultural values are required. This study aims to examine the effectiveness and implementation of divorce mediation facilitated by the Village Government of Banra’as, Sumenep Regency, through the perspective of Progressive Legal Theory. This research employs a qualitative approach with an empirical research design. Data were collected through field observations, in-depth interviews with village officials, community leaders, and individuals who had previously participated in the mediation process, as well as documentation related to divorce dispute resolution practices at the village level. Data analysis was conducted using a descriptive-analytical method, focusing on mediation practices as a manifestation of living law within the community. The findings reveal that divorce mediation facilitated by the village government demonstrates a relatively high level of effectiveness in reducing divorce cases. This effectiveness is influenced by a familial approach, the utilization of local wisdom, and the strong internalization of religious values within the social life of the Banra’as community. From the perspective of Progressive Legal Theory, this mediation practice reflects a flexible and non-positivistic understanding of law that prioritizes humanity and substantive justice. Village-based mediation not only serves as an alternative dispute resolution mechanism but also functions as a social instrument to preserve family harmony and strengthen social resilience in rural communities.

Adha Fristanto; Risnita Risnita; Yuliatin Yuliatin; Abdul Halim

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the implementation of restorative justice within Bungo Regency's criminal judicial system from the perspective of Islamic law. Although restorative justice has been formally adopted in Indonesia through various regulations, its application at the regional level remains an important issue that requires careful attention. The study employs a juridical-empirical research design with a qualitative approach. Data was gathered through observations, in-depth interviews with law enforcement, religious leaders, victims, and offenders, and document analysis. The analysis integrates perspectives from both positive law and Islamic law, particularly focusing on the principles of qiṣāṣ–diyāt, ṣulḥ, ‘afw, ta‘zīr, and maqāṣid al-sharī‘ah. The findings indicate that restorative justice is used in certain criminal cases during the investigative phase in Bungo Regency. However, its effectiveness is limited by factors such as varying levels of readiness among victims and offenders, insufficient technical regulations, community resistance, and inconsistent understanding among law enforcement. From an Islamic law perspective, restorative justice aligns well with Islamic justice principles, particularly those emphasizing public welfare, forgiveness, and restoration. The study concludes that restorative justice is a contemporary manifestation of principles deeply rooted in Islamic legal tradition and not a contradiction of Islamic law. To improve its application, enhancing law enforcement competence, engaging religious and community leaders, and integrating Islamic legal principles into criminal justice policies are essential.

Muhammad Reza Maulana; Zainal Abidin; Mazwar Mazwar

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Law Number 11 of 2006 on the Governance of Aceh embodies the principle of lex specialis due to its territorial scope, while Law Number 4 of 2009 on Mineral and Coal Mining also contains a lex specialis character as it specifically regulates the mining sector. This situation raises a legal question regarding how the principles of lex specialis derogat legi generali, lex superior derogat legi inferiori, and lex posterior derogat legi priori should be interpreted and applied by the Government within the framework of Aceh as a Special Autonomous Region. This study aims to conduct an in-depth legal analysis using a progressive law approach to examine whether the principles of lex posterior or lex superior may override the principle of lex specialis as applied in Aceh’s special autonomy regime. The research employs normative legal methods with qualitative analysis. The findings indicate that the principle of lex specialis derogat legi generali as stipulated in the Law on the Governance of Aceh must take precedence due to its specific territorial applicability and special autonomous status. In resolving such normative conflicts, a clear legal framework is required, accompanied by the renewal of legal theories and principles to ensure legal certainty, prevent regulatory overlap, and promote harmony among statutory regulations.