Jurnal Online Universitas Pekalongan
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Spanning Interests of Regional Autonomy within the Axiom of \u27Fiscality\u27: A Brief Note on the Ideal Financial Relationship between Central and Regional Governments
No full textThe implementation of the Regional Autonomy policy is designed through the pattern and style of its implementation which changes according to the dynamics of the times. The implication is that there are ups and downs in the model of relations between the Center and the Regions within the framework of the Regional Government from time to time. This paper is a small note to see the ideal relationship between the Center and the Regions in the future, especially in terms of fiscal axioms. Through normative juridical research methods and several approaches, the results of this study can be described in 3 (three) points. First, the first stone for the founding fathers to choose the design of the Central-Regional relationship was the Proclamation. This is because there is a linearity between the meeting BPUPKI - Proklamasi - PPKI - UUD NRI 1945, with the Proclamation Text as the first formal form that there is an effort to find the ideal constitutional design in Indonesia, one of which is the accommodation of the phrase "Autonomy." Second, the implementation of the chosen relationship scheme leads to a form of Fiscal Decentralization which always experiences "Spanning Interest" and ends at a meeting point called "Conditio Sine Qua non." due to ecological and conditional factors. Third, the first and second conclusions lead to the ideal form of relationship between the Center and the Regions which is free as long as it overcomes the problem of fiscal disparities between regions and takes into account several legal bases including the legal basis of intergovernmental transfer system, Procedures for establishing and modifying intergovernmental transfers, Conditional and unconditional transfers, and Dispute resolution and adjudication
Approach Restorative In Loss Recovery Caused by Criminal Acts of Corruption
Get PDFThe restorative approach to the recovery of losses caused by criminal acts of corruption offers alternatives that focus on restoring relationships and losses compared to retributive approaches that only emphasize punishment. This study uses a normative juridical method with the law approach to analyze the basic principles of restorative approaches, recovery mechanisms, benefits, challenges, and implementation in Indonesia. The restorative approach is based on the principle of restoring losses, active participation of all parties, and reintegration of the perpetrators. The results of the discussion show that the restorative approach has the potential to increase justice and improve social relations, although there are still significant challenges. The application of this approach in Indonesia requires stronger legal and community support. This study concluded that the restorative approach can improve the law enforcement system with a greater focus on recovery and reintegration. Suggestions for further development include legal reform and increasing community participation to optimize the recovery of losses due to criminal acts of corruption, so that further legal reform is carried out to support restorative mechanisms and increase community participation
Legal Protection for Wives in Unregistered Polygamous Marriages: An Analysis of Islamic Law in Indonesia
Get PDFIndonesia’s Marriage Law No. 16/2019 mandates marriage registration, yet cultural-religious norms perpetuate nikah sirri (unregistered marriages), particularly in polygamy, denying wives spousal rights. While Islamic law validates such unions via rukun and syarat, statutory exclusion strips wives of inheritance, alimony, and child legitimacy, violating maqashid sharia principles like hifz al-nasl (lineage) and hifz al-mal (property). Prior studies identify this dissonance but lack systemic reforms bridging Islamic jurisprudence and comparative law. This research addresses this gap by analyzing wives\u27 legal status in unregistered polygamy under Islamic and Indonesian law, designing reforms reconciling religious validity with enforceable safeguards. Using normative legal research, it combines doctrinal analysis of Islamic texts/statutes with qualitative analysis of Religious Court rulings. Findings reveal 78% of nikah sirri wives face economic disenfranchisement, and 89% lack alimony recourse due to burdensome retroactive marriage validation. Comparatively, Malaysia’s and Morocco’s laws slashed polygamy rates (95%, 99.7%) via judicial oversight absent in Indonesia. Legal pluralism enables patriarchal qiwamah interpretations: 67% of Java’s polygamy permits bypass spousal consent; 72% of rural nikah sirri involve child brides. Consequently, 81% of unregistered wives suffer disinheritance; 54% of children endure stigma. The study innovates by proposing a hybrid reform model integrating maqashid sharia with feminist jurisprudence, advocating specialized courts, simpler isbat nikah, and criminalizing unregistered solemnization. Aligning with Moroccan/Malaysian models could cut nikah sirri by 40%, upholding hifz al-ird (dignity) and constitutional equity, offering a blueprint for Muslim-majority nation
KORUPSI BERSELUBUNG DALAM KEBIJAKAN TATA NIAGA TIMAH SEBAGAI BENTUK ANCAMAN BAGI KEAMANAN LINGKUNGAN
No full textCorruption is a major enemy of this nation that must be eradicated. The fight against various forms of corruption, from this perspective, is a dynamic within the realm of environmental security. This domain focuses on threats and risks related to the management of environmental resources, rather than threats from external aggression. It emphasizes the regulation of state resource governance to ensure that these resources are fully utilized for the welfare of the people. Public policy becomes a strategic arena that is structured to contribute to national development. However, such policies are implemented by state actors and, in practice, can be “opened up” for personal gain.
Article 4, paragraph (2) of Indonesian Law No. 3 of 2020 on Mineral and Coal Mining (Minerba) states that the control of mineral and coal resources lies with the State. This means that only the central government holds the authority over their governance, which in turn centralizes the potential for corruption.
This qualitative descriptive study aims to investigate how policy corruption becomes a threat to national security by further analyzing the tin trade governance within the mining concession area of PT Timah from 2015 to 2022. The academic findings conclude that in the case of the tin trade governance in PT Timah\u27s mining concession from 2015 to 2022, state actors specifically officials from the Directorate General of Mineral and Coal at the Ministry of Energy and Mineral Resources (ESDM) unlawfully altered the 2019 Work and Budget Plan. These actions were carried out in collusion to benefit themselves and illegal tin mining operations, including foreign investors dominating this strategic sector. Novelty: The emphasis on asset recovery efforts as a form of impoverishment for corruptors, intended as a deterrent.Korupsi adalah musuh besar bagi bangsa ini yang harus diperangi. Perang terhadap berbagai praktek korupsi pada perspekf ini merupakan dinamika pada ranah keamanan lingkungan. Ranah ini berfokus pada semua ancaman dan resiko terhadap pengelolaan lingkungan sumberdaya dan bukan ancaman dari agresi eksternal. Tapi, memfokuskan pada penertiban tata Kelola sumberdaya negara agar dapat digunakan sepenuhnya untuk kesejahteraan rakyat. Arena kebijakan publik yang diatur sedemikan rupa hingga menjadi kontribusi bagi pembangunan negara. Kebijakan tersebut dilaksanakan oleh state actors dan dalam prakteknya dapat “dibuka” untuk menguntungkan diri sendiri. Pasal 4 ayat (2) UU RI nomor 3 tahun 2020 tentang Minerba, mengatakan bahwa penguasaan mineral dan batubara oleh Negara. Yang bermakna hanya pemerintah pusat saja yang mempunyai kewenangan dalam hal penguasaannya. Yang berarti potensi korupsinya pun tersentralisir. Penelitian kualitatif bersifat deskripstif ini bertujuan untuk mengetahui bagaimana modus korupsi kebijakan yang menjadi ancaman keamanan negara ? dengan menganalisis lebih jauh pada kasus tata niaga timah di wilayah izin usaha pertambangan PT Timah tahun 2015-2022. Hasil penelitian akademik ini menyimpulkan dalam kasus tata niaga di wilayah izin usaha pertambangan PT Timah tahun 2015-202, dengan modus secara melawan hukum merubah Rencana Kerja Anggaran Belanja tahun 2019 yang dilakukan oleh state actors Dirjen Minerba Kementerian ESDM periode 2015-2022 dengan bersekongkol untuk menguntungkan diri sendiri dan para illegal mining timah, dengan investor asing yang menguasai sektor strategis khususnya pertimahan. Novelty: upaya asset recovery sebagai upaya pemiskinan bagi koruptor sebagai efek jera
Analysis of the Role and Function of Foundations in Realising Private Higher Education that is Free From Corruption, Collusion, and Nepotism towards Good University Governance
Get PDFThis study aims to analyse the factors that influence the occurrence of corruption, collusion, and nepotism in private higher education foundations; Analyze the supervision and control mechanisms implemented by foundations to prevent corruption, collusion, and nepotism and determine the legal construction of the role and function of foundations in private higher education institutions that are free from corruption, collusion, and nepotism based on Good University Governance (GUG). This research is an empirical-normative legal study, complemented by empirical data. The research was conducted for 1 (one) month, starting from March 20 to April 20, 2025. The respondents were 5 (five) representatives of the foundation\u27s management, the vice chairman of the academic institution, lecturers, and employees. The results of this study indicate that the practice of Corruption, Collusion, and Nepotism in private higher education foundations is caused by several primary factors such as lack of transparency and accountability, the dominance of certain families or groups, weak supervision, low leadership ethics, inconsistency of regulations with practices, internal political competition, and economic motives. To overcome this, foundations must implement strict monitoring and control mechanisms, including open recruitment, establishing internal monitoring units and external audits, transparency of financial reports, applying sound governance principles, and enforcing codes of ethics and whistleblowing systems. In the legal context, the role and function of foundations must be constructed based on the principles of Good University Governance (GUG), which makes foundations not only legal entities that organise education, but also motors of governance that are integrated, transparent, and accountable by applicable laws and regulations
Keywords:
Role and Function of Foundations, Corruption, Collusion, Nepotism (KKN), Good University Governance (GUG
Development of PjBL-Based Pancasila Education E- Module with AI-Powered Interactive Content for Strengthening Character Values High School Students in Padang City
Get PDFThis research aims to develop e-modules of Pancasila Education based on Project- Based Learning (PjBL) with the help of AI-Powered Interactive Content to support the strengthening of the character of high school students. The development process follows the ADDIE model which consists of the stages of analysis, design, development, implementation, and evaluation. The analysis stage was conducted through teacher interviews, student questionnaires, as well as curriculum and literature studies to identify the need for relevant teaching materials, student characteristics, and materials that support character value learning. The product was developed in the form of a flipbook-based interactive digital e-module that contains materials, collaborative project activities, QR-code learning videos, and character reflection elements. Validation was conducted by material, media, and language experts, with the results showing a very high level of validity in the aspects of content, language, and visual design. The practicality test involved three teachers and thirty students, resulting in an average score of 3.810 and 3.646 which indicated that the e-module was classified as very practical to use. The effectiveness test through pretest and posttest in the experimental class showed a significant increase in learning outcomes (p < .001), with Cohen\u27s d of 3.393. In addition to cognitive improvement, character values such as caring, responsibility, and cooperation were also strengthened based on teacher assessment and student self-assessment. Based on these findings, the e-module is declared valid, practical, and effective as an alternative learning media that is contextual and relevant to the needs of the digital generatio
Juridical Review of the Annulment of Arbitral Awards by the District Court: A Case Study of Decision No. 167/Pdt.P/2000/PN.Jkt.Pst
No full textone form of alternative dispute resolution that is final and binding. However, in practice, arbitral awards may still be annulled by the district court based on the provisions of Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This article provides a juridical analysis of the annulment of an arbitral award by the Central Jakarta District Court in case No. 167/Pdt.P/2000/PN.Jkt.Pst. This research employs a normative juridical method with a case study approach. The findings indicate that the annulment by the district court in this case did not fully comply with the annulment provisions stipulated in Article 70, and it potentially undermines the principles of finality and legal certainty in arbitratio
Strengthening Alternative Law for Business Dispute Resolution between StateOwned Enterprises and Peace-Oriented Private Enterprises (Benefit-Benefit Solution)
Get PDFThe settlement of business disputes in the current State- Owned Enterprises Law accommodates Alternative Dispute Resolution through consensus. However, the ADR regulation only governs disputes between state- owned enterprises and private enterprises. In fact, ADR as a nonlitigation instrument is very suitable and popularly used by business companies at the global and national levels with the principle of beneficial solutions. The absence of ADR provisions for dispute resolution between SOEs and private companies is an issue that has been raised with the following objectives: 1. To analyse the applicable legal provisions on alternative dispute resolution in handling business disputes between SOEs and private companies; 2. Strengthenalternative dispute resolution laws in resolving business disputes between SOEs and private companies with a focus on mutual benefit for the disputing parties (benefit-benefit solution). The results of the study show that: 1. APS regulations are found in different laws and regulations governing various business sectors, but they are not fully and specifically regulated in the State-Owned Enterprise Law, Limited Liability Company Law, Arbitration Law, and the APS itself. 2. Legal reinforcement is needed to regulate ADR in the SOE Law, the PT Law and the establishment of a special ADR Law in order to create peace-oriented ADR that is beneficial to disputing SOEs and BUMS
Implikasi Pembangunan IKN terhadap Hak Ulayat Masyarakat Adat di Kalimantan: Perspektif Hukum Agraria
Get PDFFrom an agrarian law perspective, this study examines how the development of the National Capital City (IKN) has affected the traditional rights of indigenous peoples in Kalimantan. Legal regulations related to the traditional rights of indigenous peoples, the impact of IKN development on the sustainability of traditional rights, and the effectiveness of legal protection for the traditional rights of indigenous peoples are the three main issues highlighted by the normative research methodology in this study, which combines a legislative approach with case analysis. The results of the study show that there are still major obstacles to the implementation of customary rights, even though these rights have been constitutionally recognised in the 1945 Constitution and the Basic Agrarian Law. There is a division in the recognition of customary rights due to the political nature of the IKN Law and the lack of involvement of indigenous peoples in policy formulation. A number of indigenous groups, including the Balik tribe and the Kutai Kartanegara Sultanate, have filed conflicting claims over the 257,142 hectares of IKN as a result of its development. These two groups not only question the legitimacy of ownership rights, but also threaten long-standing economic, social and cultural norms. The incomplete inventory process and the fourteen-year delay in the ratification of the Indigenous Peoples Bill indicate that the effectiveness of legal protection of indigenous rights is still inadequate. This study recommends strengthening regulations through the ratification of the Indigenous Peoples Bill, intensifying coordination between ministries, and implementing alternative dispute resolution mechanisms through indigenous arbitration and restorative justice.Dalam perspektif hukum agraria, penelitian ini mengkaji bagaimana pembangunan Ibu Kota Negara (IKN) telah memengaruhi hak-hak tradisional masyarakat adat di Kalimantan. Regulasi hukum terkait hak-hak tradisional masyarakat adat, dampak pembangunan IKN terhadap keberlangsungan hak-hak tradisional, dan efektivitas perlindungan hukum bagi hak-hak tradisional masyarakat adat merupakan tiga isu utama yang disoroti oleh metodologi penelitian normatif dalam studi ini, yang menggabungkan pendekatan legislatif dengan analisis kasus. Hasil penelitian menunjukkan bahwa masih terdapat hambatan besar dalam pelaksanaan hak-hak adat, meskipun hak-hak tersebut telah diakui konstitusionalnya dalam UUD 1945 dan Undang-Undang Dasar Agraria. Terdapat perpecahan dalam pengakuan hak-hak adat akibat sifat politis UU IKN dan ketiadaan keterlibatan masyarakat adat dalam perumusan kebijakan. Sejumlah kelompok masyarakat adat, termasuk Suku Balik dan Kesultanan Kutai Kartanegara, telah mengajukan klaim yang saling bertentangan atas IKN seluas 257.142 hektar sebagai akibat dari pembangunannya. Kedua kelompok ini tidak hanya mempertanyakan legitimasi hak milik, tetapi juga membahayakan norma-norma ekonomi, sosial, dan budaya yang telah lama berlaku. Proses inventarisasi yang belum tuntas dan penundaan pengesahan Rancangan Undang-Undang Masyarakat Hukum Adat selama empat belas tahun menunjukkan bahwa efektivitas perlindungan hukum terhadap hak-hak adat masih belum memadai. Penelitian ini merekomendasikan penguatan regulasi melalui pengesahan RUU Masyarakat Hukum Adat, intensifikasi koordinasi antar kementerian, dan implementasi mekanisme alternatif penyelesaian sengketa melalui arbitrase adat dan restorative justice
The Relationship between ESG (Environmental, Social, Governance) Principles and the Fulfillment of the Right to Work for Persons with Disabilities
Get PDFThe principle of Environmental, Social, and Governance (ESG) has become one of the key benchmarks in sustainable business practices, including in Indonesia. However, the implementation of this principle is often understood primarily within the context of environmental and governance dimensions, while the social dimension—particularly the fulfillment of the right to work for persons with disabilities—remains insufficiently addressed. This situation underscores the need for an in-depth study of how ESG principles can be integrated into Indonesian business law to strengthen the protection of disability labor rights. This research aims to analyze the relationship between ESG principles and the fulfillment of the right to work for persons with disabilities, as well as to examine the extent to which Indonesian business law supports such integration. The study employs normative legal research with a statute approach and a conceptual approach. Primary legal materials include Law No. 8 of 2016 on Persons with Disabilities, the Manpower Law, and sustainability regulations such as OJK Regulation No. 51/2017. The findings reveal that Indonesian business law provides a normative foundation for disability labor inclusion through mandatory recruitment quotas, obligations to provide disability-friendly workplace facilities, and sustainability reporting requirements. The novelty of this research lies in its integrative analysis that links ESG principles with business law instruments, thereby offering a new perspective in viewing ESG not merely as a voluntary practice but also as a legal obligation that supports social sustainability. These findings contribute to the development of business law literature while also providing recommendations to enhance inclusive labor practices in Indonesi