Publication Search

Islamic boarding schools (pesantren) are religious institutions focused on education, the dissemination of Islamic knowledge, and the propagation of Islamic propagation, as well as serving as centers for the development of religious thinkers. Furthermore, pesantren also serve as platforms for human resource development and empowerment for alumni, families, and the wider community. This research aims to collect data to uncover fundamental issues arising from phenomena, realities, and experiences, thereby providing a diverse range of knowledge regarding the life and practice of pesantren-based economic empowerment. Economic empowerment is understood as both a process and a goal. As a process, economic empowerment encompasses a series of efforts to improve the economic capabilities and strengths of vulnerable communities to improve their quality of life. As a goal, economic empowerment represents the desired condition or outcome and serves as a measure of the success of the process. To realize an empowered people's economy, three main elements are required: production potential, distribution potential, and consumption potential. These three elements constitute concrete and applicable steps for effectively implementing community economic empowerment. By considering these three potentials, empowerment can be implemented in a focused and sustainable manner. Pesantren, in their historical and cultural dynamics, play a vital role in the life of the nation. Therefore, Islamic boarding schools have the capacity, both in quality and quantity, to contribute and play a significant role in efforts to empower the community's economy.

The term “comparison” in the context of Public Administration Science refers to an activity of aligning, analyzing, and identifying similarities and differences between various phenomena or objects under study. Meanwhile, administration is understood as a social phenomenon in which groups of people or citizens work together in an organized and purposeful manner to achieve certain collective goals.This research, entitled “A Comparative Study of Public Administration in Indonesia and South Korea in Achieving Effective and Accountable Governance,” aims to analyze both the similarities and differences between the two countries in terms of bureaucratic structure, public administration systems, and the effectiveness and accountability of governance. Indonesia and South Korea, as Asian nations with distinct historical backgrounds, governmental systems, and development trajectories, share a common vision of establishing a clean, transparent, and responsive system of governance.The study employs a qualitative descriptive approach using the literature review method, by examining various relevant academic and official sources. The main focus of the comparison lies in the bureaucratic and administrative systems of Indonesia and South Korea. The analysis also takes into account cultural characteristics and governmental structures, including the presidential system, legal framework, financial administration, and local government mechanisms.The findings of this research are expected to provide a comprehensive understanding of how differences in administrative structures and bureaucratic performance in both countries influence the effectiveness and accountability of their governments. Furthermore, the study aims to offer valuable insights for Indonesia in strengthening good governance and improving the quality of public service delivery.

The rapid development of information and communication technology has driven the transformation of human activities into the digital realm, making cyber law regulation an essential need to govern activities in the virtual world. This research discusses the comparison of cyber law regulations in Indonesia and Singapore, specifically the Electronic Information and Transactions Law (UU ITE) and the Cybersecurity Act as well as the Protection from Online Falsehoods and Manipulation Act (POFMA), focusing on legal philosophy, enforcement mechanisms, and the protection of freedom of expression. A normative legal research method with a comparative approach is used to analyze the normative context, law enforcement implementation, and the social impacts of both regulations. The research findings indicate that Indonesia adopts a repressive legal approach with fragmented enforcement and challenges related to digital literacy, which leads to potential restrictions on freedom of expression. In contrast, Singapore applies a risk-based regulatory framework with centralized coordination and a more adaptive mitigation approach, aiming to balance content control with the protection of human rights. This research recommends reforms and strengthening of cyber law regulations in Indonesia to improve law enforcement effectiveness and ensure proportional freedom of expression in the digital era.

This study discusses the basis of Indonesian society’s obligation to comply with the Marriage Law (UUP) as a manifestation of obedience to both state law and religious teachings. The study arises from the reality that, despite the UUP and the Compilation of Islamic Law (KHI) serving as the legal foundation for marriage in Indonesia, many still violate its provisions, such as through unregistered (siri) marriages. Using a normative juridical approach and qualitative descriptive analysis, this research examines the juridical, philosophical, and sociological foundations of legal obedience to the UUP and its implications for family and social life. The findings show that juridically, obedience to the UUP is grounded in the principle of legality and state sovereignty; philosophically, it reflects the values of Divinity and Humanity embodied in Pancasila; and sociologically, it functions as social engineering to protect women and children while ensuring social order. Compliance with the UUP therefore holds not only legal but also moral and spiritual significance, serving as a means to achieve harmonious families, social order, and a just nation.

Civil relations are not limited to the national sphere, but can also transcend national borders. These relations have existed since ancient Greece and continue to develop today. These transnational relations can give rise to legal issues, such as whether the relationship truly falls within the scope of international relations, the laws that apply to the relationship, and how disputes are resolved using which legal system. The purpose of this study is to analyze the Garuda vs. Rolls Royce case, which is part of international civil relations, raising the question of how this case can be included in the scope of international civil law studies and how one of the international conventions governing transnational civil law principles, namely UNIDROIT, can be applied. This study uses a normative approach that compares national and transnational legal systems to provide perspective on the case and a case approach that clearly explains the Garuda vs. Rolls Royce case, starting from the chronology and analyzing the case from the perspective of international civil law principles The results of this study found that this case falls under the scope of international civil law, where international civil law principles such as UNIDROIT can be applied in order to make progressive legal changes in regulating international civil relations to ensure legal protection and certainty for legal subjects. The implications of this research can be a catalyst for progressive legal changes in regulating international civil relations to ensure legal protection and certainty for legal subjects.

The development of artificial intelligence capabilities has the potential to facilitate the implementation of preventive measures. In order to mitigate potential risks, this study seeks to examine the legal status of artificial intelligence in Indonesia. The potential for artificial intelligence to function as both the subject and object of law is a salient factor in this analysis. The methodological approach employed is of a normative or doctrinal nature, emphasizing a comprehensive examination of the legal perspective on artificial intelligence. This study encompasses the objectives of progressive legal theory, the theory of legal subjects and objects, and the legal norms that apply in Indonesia. The results of the study indicate that in Indonesia, the prevailing legal framework regarding artificial intelligence (AI) currently categorizes it as an object of law. This implies that the owner, developer, and user of AI bear full responsibility for any consequences that may arise from its use. Advances in technology have led to the development of artificial intelligence capable of performing legal actions that were previously exclusive to humans. Consequently, the establishment of specific regulations pertaining to artificial intelligence is imperative to ensure legal certainty in the future.

The urgency of marriage as an effort to elevate human dignity and sustain life and progeny is regulated in Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage. The state requires marriage registration to guarantee the validity and legal protection of the rights of married couples and their children. One important provision in this regulation is the determination of the minimum age for marriage, which is 19 years for both men and women. However, in practice, underage marriages, including unregistered marriages, still occur. This study uses a normative-empirical research method, combining written legal analysis with field data to examine the application of laws and regulations in community practice. The results show that underage marriages can be legalized by the Religious Court based on Minister of Religious Affairs Regulation Number 20 of 2019. This regulation provides legal certainty and protection of children's rights, but has also raised controversy regarding the potential legalization of early marriage. This regulation has had a significant impact on the practice of itsbat nikah anak kecil, especially at the Bulango Ulu Religious Affairs Office (KUA), by reducing unregistered marriages. However, challenges in verifying evidence, socio-cultural pressures, and the normalization of early marriage remain major obstacles that must be overcome through education and cross-sector collaboration.

This study examines the transformation of Prophet Muhammad’s concept of governance within the framework of Islamic Constitutional Law and its relevance and implementation in Indonesia’s modern governmental system. The governance established by the Prophet in Medina laid the foundation of a state order grounded in monotheism, justice, consultation, and the rule of law. These principles reflect the essence of Islamic governance that upholds morality, equality, and social responsibility. This research employs a qualitative approach using normative-historical methods by exploring classical and constitutional Islamic sources such as the Medina Charter, the Qur’an, and Hadith, then comparing them with Indonesia’s constitutional principles as embodied in the 1945 Constitution. The findings indicate a strong alignment between the values of Prophet Muhammad’s governance and Indonesia’s constitutional system, particularly in aspects of social justice, people’s participation, and respect for the law. Nonetheless, differences exist in terms of the foundation of power legitimacy and the source of legal authority. The study concludes that the governance model of Prophet Muhammad can serve as a moral and ethical reference for strengthening modern Indonesian governance without altering the democratic principles of Pancasila. Thus, the universal values of Islamic governance remain relevant and adaptable to the modern state context..

The ambiguity of the concept of state economic loss in Article 2 paragraph (1) and Article 3 of the Corruption Crime Law (Tipikor Law) has yet to be defined normatively or by an official institution with the authority to do so. This uncertainty has given rise to legal problems in law enforcement, especially after Constitutional Court Decision No. 25/PUU-XIV/2016, which changed the qualification of corruption offenses to material offenses, so that the proof of economic loss to the state must be actual loss. However, in practice, as in the Surya Darmadi corruption case, law enforcement officials still face difficulties in determining the measure and method of proving economic loss to the state in a lawful manner. The issues in this study are the basis for the judge's consideration of the element of economic loss to the state in the Central Jakarta District Court Decision No. 62/Pid.Sus-TPK/2022/PN.Jkt.Pst and the obstacles and constraints in proving the element of economic loss to the state in criminal acts of corruption.This study uses a normative legal method with a statute approach, a case approach, and a conceptual approach. The results of the study show that the first-level panel of judges assessed that environmental damage and the loss of potential state revenue due to the illegal conversion of forest areas were part of the actual economic loss to the state, while the Supreme Court emphasized the importance of limiting this element to actual loss in accordance with Constitutional Court Decision No. 25/PUU-XIV/2016. The obstacles and constraints in proving the element of state economic loss in corruption crimes stem from internal and external factors that are interrelated and affect the effectiveness of law enforcement.

Consumer criticism on social media is a common form of expression used to convey dissatisfaction with products or services. However, such criticism often generates controversy, especially when it is perceived to harm the reputation of a company. Although the right to freedom of expression is guaranteed by the Consumer Protection Law, in practice, this guarantee frequently conflicts with the defamation provisions outlined in the Electronic Information and Transactions (ITE) Law. The case of "Om Polos Banget" serves as a concrete example where consumer criticism led to legal charges due to allegations of defamation. This study aims to analyze the boundaries of consumer freedom of expression on social media within the context of Indonesian legal regulations and to identify the elements of defamation that may ensnare consumers. The research utilizes a normative juridical method, focusing on the analysis of relevant laws and regulations concerning freedom of expression and defamation. The results of the study indicate that while consumers have the right to criticize, there are legal boundaries that must be observed to prevent the criticism from resulting in legal action. Therefore, clearer policies are needed to ensure a fair balance between consumer freedom of expression and corporate reputation protection, as well as the importance of consumers maintaining ethical conduct when expressing criticism on social media.

Madrasah diniyyah and pesantren in the Indonesian context have often been viewed as non-formal or religious educational institutions, rather than as active legal subjects in national development. However, regulatory transformations and contextual challenges have prompted the need for legal recognition of these institutions in order to align them with the ideals of Pancasila. This study aims to analyze the role of madrasah diniyyah and pesantren. The methods used are normative and comparative qualitative research with a review of legislation and case studies of madrasah diniyyah/pesantren. The findings show that although regulations (e.g., the Pesantren Law) have provided legal recognition, there are still structural obstacles in the form of differences in institutional status, administrative capacity, and interpretative conflicts of values. On the other hand, several pesantren have successfully reconstructed themselves as actors of local development through community empowerment programs. In conclusion, legal recognition needs to be strengthened through the formulation of complementary regulations, institutional capacity building, and synergy between the government and pesantren communities so that these institutions can become pillars of national development based on Pancasila.

The Heritage Center (BHP) is a government institution under the Ministry of Law and Human Rights of the Republic of Indonesia that has a strategic role in civil law, especially related to the management of heritage property. Rooted in colonial regulations and regulated in the Civil Code, BHP is authorized to represent and protect the legal interests of individuals whose whereabouts are unknown, immature, or legally incompetent. This study aims to analyze the implementation of BHP's duties in managing heritage assets based on the provisions of the Civil Code and identify supporting and inhibiting factors for its implementation. The method used is normative legal research with a legislative approach and literature study. The results of the study show that BHP's position is as a subject of public law that carries out private legal functions. BHP's authority includes the management of unmanaged legacies, acting as a guardian or guardian, and acting as a curator in bankruptcy cases. Despite having a strong legal basis, the effectiveness of the implementation of BHP's duties in the field has not been optimal. The obstacles faced include limited resources, lack of public understanding, and coordination between agencies that has not been maximized. Therefore, systematic improvement efforts are needed through institutional capacity building, legal socialization, and strengthening regulations and cross-sector synergy to support the effective and sustainable implementation of BHP's tasks.

The return of state financial losses does not eliminate the criminal penalty for perpetrators of corruption. However, differences in the application of Restorative Justice in corruption cases have created legal uncertainty, especially in resolving corruption cases that involve relatively small state financial losses. This study aims to examine and analyze the implementation of Restorative Justice for perpetrators of corruption in the management of village funds, which are often caused by administrative errors, lack of understanding, or weak supervision rather than intentional acts of enrichment. This type of research is Doctrinal, using the statute approach, namely legal research that focuses on the application and interpretation of normative legal provisions (laws and regulations) as well as a theoretical concept approach to understand justice in a restorative framework. The resolution of village fund corruption cases with small losses should ideally prioritize recovery of losses and community restoration, but cannot eliminate the criminal aspect entirely, so clear legal guidelines are needed to ensure fairness and legal certainty.

This study aims to analyze the phenomenon of authoritarian backsliding or democratic regression in Southeast Asia, focusing on Indonesia and Thailand. Conceptually, backsliding refers to the gradual weakening of democracy through formal and legal mechanisms by political actors within the system itself. The research employs a literature study method, analyzing academic sources and international reports relevant to the topic. The findings indicate that both Indonesia and Thailand have experienced democratic decline characterized by the consolidation of executive power, the weakening of oversight institutions, and restrictions on civil liberties. In Indonesia, democratic regression occurs primarily through executive aggrandizement and strategic manipulation of elections, while in Thailand, it manifests through promissory coups under military dominance. The study concludes that democratic decline in Southeast Asia often occurs not through overt authoritarian takeovers but through a subtle erosion of democratic institutions that undermines popular sovereignty.

Corruption in Indonesia has become a systemic and complex issue, posing a threat to economic, social, and political stability. Despite various efforts, including the establishment of the Corruption Eradication Commission and robust law enforcement, Indonesia’s Corruption Perception Index has remained stagnant or declined in recent years. This is primarily due to the inadequacy of conventional audit methods, which struggle to detect complex and hidden corruption schemes. This study examines how the role of investigative audits by the Supreme Audit Agency (BPK) can be optimized through synergy with the Whistleblowing System (WBS) to enhance corruption eradication efforts in Indonesia. Investigative audits, which focus on detecting fraud, are crucial as they can convert audit evidence into legal proof in corruption cases. However, the BPK’s role is often hindered by limited human resources, independence, and weak coordination. Using qualitative research and a literature review, this study analyzes relevant documents, books, scientific journals, and official reports to identify and classify relevant data. The findings indicate that strong synergy between BPK's investigative audits and the WBS is essential. Optimizing these two instruments requires significant reforms, including strengthening whistleblower protection laws, improving inter-agency collaboration, and fostering a robust anti-corruption culture. The study concludes that BPK’s investigative audits are effective in uncovering state losses, but their success depends on follow-up actions and coordination with law enforcement. The WBS can detect corruption early, but its effectiveness is limited by weak whistleblower protection and lack of trust in internal reporting channels.

the duties and authorities of the Balai harta peninggalan as regulated in law Number 37 of 2004 concerning bankrupty and the civil code are to carry out a settlement of the debtor’s bankrupty assets. The main problem and this research is How the duties and authority of the Balai Harta Peninggalan in carrying out bankrupty astate clearance and what are the obstacles faced when carrying out bankrupty estate clearance?. The method used is the normative juridical-empirical method, where the data and also the information studied in this study are based on laws, books and also based on the results and discussions obtained are where the duties and authority of the Balai harta peninggalan in center in carrying out bankrupty assets are by dividing the proceeds from the sale of bankrupty assets that have been sold and distributed to creditors bassed on the possition of the creditors starting from highest to lowest, and also the obstacles faced in dealing with debtor bankrupty assets.

This study examines the role of the Village Consultative Body (BPD) in the formation of Mendalo Indah Village Regulation Number 02 of 2018 regarding Waste Collection, referring to Minister of Home Affairs Regulation Number 111 of 2014. Using an empirical juridical approach with a qualitative research method, the study was conducted in Mendalo Indah Village, Muaro Jambi Regency, Jambi Province. Data were collected through participatory observation, in-depth interviews with key stakeholders (including the Village Head, BPD Chair, and community leaders), and documentation. The findings indicate that while the BPD's role in forming village regulations is generally less than optimal, it has a more active role during the discussion and finalization of the draft regulations. However, the initial drafting and proposing stages are often initiated by the Village Head, with limited proactive involvement from the BPD. Key challenges identified include inadequate BPD human resources, limited understanding of their duties, and poor communication and coordination between the BPD, the Village Government, and other stakeholders. The study concludes that improving the BPD’s capacity, knowledge, and collaboration is essential for more effective participation in village regulation formation.

Artificial intelligence (AI) has developed rapidly in recent years, making judgments and executing tasks in ways comparable to decisions made by the human brain. These technological advances allow AI to replace or complement human work in various fields, but they also raise complex legal questions regarding accountability for the actions it performs. This study employs a normative juridical research methodology, which emphasizes the analysis of laws and regulations, concepts, principles, and legal theories, using literature as the primary data source. The findings show that AI, despite its advanced capabilities, remains a legal object rather than a legal subject. In accordance with Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions in Indonesia, AI cannot be considered a legal entity with independent rights and obligations. Consequently, AI cannot be held legally accountable for its actions, as it operates under human creation, programming, and direction. Responsibility for any consequences arising from the use of AI lies with the individuals or institutions that develop, operate, and control it. This study highlights the importance of establishing a clear legal framework to regulate AI applications, ensuring that technological innovation aligns with legal certainty and accountability. It concludes that while AI may imitate human decision-making, it lacks autonomy in the legal sense and therefore cannot bear responsibility under positive law.

Business entities often face bankruptcy risks due to various factors, including accounting errors, limited experience, or small-cap transactions. The COVID-19 pandemic exacerbated financial conditions for many companies, such as PT Garuda Indonesia (Persero) Tbk., which experienced a significant revenue decline. Additionally, individuals may face bankruptcy due to reasons like job termination or business failures. The primary cause of bankruptcy lies in the imbalance between debt and income, often worsened by poor financial planning. Government regulations can help mitigate bankruptcy risks, such as through health insurance and credit restrictions. The bankruptcy process aims to provide fair resolutions between debtors and creditors while safeguarding public interests. Bankruptcy can also offer debtors the opportunity to restructure their debt, maintain economic stability, and prevent social loss. In practice, bankruptcy involves the management of the debtor's assets by a trustee and the proportional distribution of proceeds to creditors. The application of freedom of contract and legal certainty principles in debtor-creditor relationships is crucial to ensuring a transparent, efficient, and equitable process.

Information technology (IT) has emerged as a critical component of public administration, offering significant potential to enhance transparency and accountability in governance. This comprehensive qualitative case study research examined how information technology implementation influences transparency and accountability mechanisms in public policy administration, while identifying critical challenges and success factors. The research employed embedded multi-case study methodology, collecting data through 118 semi-structured interviews with government officials (n=45), citizen-users (n=38), IT professionals (n=15), civil society representatives (n=12), and academic researchers (n=8), complemented by document analysis and direct observation (280 hours) across four case sites representing diverse governance contexts. Key findings demonstrate that information technology implementation significantly enhances government transparency through multiple mechanisms: public information portals increased citizen information access from 25-30% to 78-82%, mobile applications extended service accessibility from 15-20% to 42-55% in rural areas, and social media platforms reached 60-70% of citizens with policy information. Similarly, IT implementation strengthened accountability through online complaint systems that reduced government response times from 28-45 days to 5-12 days (60-75% improvement), automated audit systems that detected 35-55% more compliance violations, and real-time monitoring systems that reduced audit completion time by 40-50%.  The findings have implications for government practitioners seeking evidence-based guidance for IT implementation, policymakers developing governance policies leveraging technology, and academic researchers studying digital governance and public administration innovation.