Jurnal Online Universitas Pekalongan
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DLH and WALHI\u27s Perception of the Local Wisdom Values of Pasang Ri Kajang as an Environmental Conservation Effort
No full textThis study aims to examine the perceptions of the Environmental Office (DLH) and the Indonesian Forum for the Environment (WALHI) regarding the local wisdom values of Pasang Ri Kajang in the context of environmental conservation efforts in Bulukumba Regency, South Sulawesi. A qualitative approach was employed, utilizing a case study method, which involved in-depth interviews, participatory observation, and documentation with key informants from DLH, WALHI, and indigenous Kajang leaders. The findings reveal that both DLH and WALHI hold positive perceptions of Pasang Ri Kajang, particularly in terms of forest preservation, sustainable natural resource management, and the spiritual relationship between humans and nature. These values are perceived to align with modern ecological principles and serve as an alternative foundation for policy formulation in conservation efforts. The study also highlights institutional and sectoral challenges in integrating local values into environmental programs. Therefore, synergy among state actors, civil society organizations, and indigenous communities is essential to mainstreaming local wisdom into sustainable environmental policies
Marginalized Wisdom: Empowering Customary Law in Family Conflict Resolution
Full text linkThis study aims to construct the form of customary law empowerment as a means of overcoming family conflict. The research design used is empirical legal research with a qualitative-naturalistic approach. The research was conducted in Palu City, especially in Birobuli Utara Village. The data for this study came from field observations and interviews with traditional leaders. The results of the study indicate that customary law empowerment as a means of overcoming family conflict is constructed in the form of implementing alternative dispute resolution, a method of resolving disputes outside the court with mediation and negotiation techniques. Customary law empowerment as a means of overcoming family conflict should continue to be strengthened from various aspects so that it can be more optimal in carrying out its function as an alternative dispute resolution institution, considering that this institution has been proven to be able to resolve family disputes simply, quickly, and at low cost (speedy administration of justice), while maintaining community harmony. Otherwise, this very valuable social capital will only become wisdom that is increasingly being marginalized
The Shift in Divorce Patterns among Muslim Families in Gorontalo
Full text linkIn Gorontalo, over 600 divorce rulings were issued in 2022, with the majority stemming from a weakening of marital commitment. This study investigates the evolving divorce patterns among Muslim families in Gorontalo, highlighting two key shifts. First are attitudinal shifts, where social media platforms are frequently misused as instruments of online infidelity. Second are behavioral shifts, where marriage is increasingly perceived as a temporary and negotiable bond, no longer anchored firmly in religious and moral values. Employing a qualitative, field-based approach, this research draws upon direct observations and in-depth interviews with divorced or divorcing Muslim couples. An empirical framework is used to explore the socio-cultural and technological dynamics shaping divorce, with a particular emphasis on judicial data from the Gorontalo Religious Court. Findings reveal a substantial transformation in the patterns of divorce driven by two interrelated forces. First, the pervasive presence of social media has accelerated the internalization of materialistic and consumerist ideals, which in turn erode moral consciousness and reshape both attitudes and behaviors within the marital relationship. Second, social media has contributed to a transformation in divorce typology—from traditionally talaq-based divorces (initiated by husbands) to a rise in contested divorces (initiated by wives). This shift reflects changing power dynamics and an emerging trend in which women increasingly claim their legal agency to terminate marriages they perceive as dissatisfying or unjustIn Gorontalo, more than 600 divorce verdicts were issued in 2022, primarily due to the weakening of marital commitment. This study explores the shifting orientations in divorce patterns among Muslim families in Gorontalo. Two major transformations are identified: (1) Attitudinal shifts—social media platforms are often misused as tools for online infidelity; and (2) Behavioral shifts—the ideal of marriage as a sacred, enduring union grounded in divine values has been reduced to a mere social contract, easily nullified. This research aims to describe the evolving patterns of divorce among Muslim couples in Gorontalo using a field-based qualitative method. Data were collected through direct observation and in-depth interviews with divorced or divorcing Muslim couples. An empirical approach was employed to investigate the socio-cultural and technological factors influencing divorce, with a particular focus on court decisions from the Gorontalo Religious Court. The findings indicate that divorce patterns in Muslim families in Gorontalo have undergone significant changes, driven by two interrelated causes. First, the pervasive influence of social media has accelerated the internalization of materialistic and consumerist values, which in turn has dulled moral sensibilities and altered attitudes and behaviors within marriage. Second, social media has contributed to a shift in divorce typology—from talaq-based divorce (initiated by the husband) to contested divorce (initiated by the wife). This marks a transformation in agency and marital dynamics, wherein women increasingly assert their legal right to dissolve unsatisfactory marital relationships
Negotiating Tradition: The Role of the Uma in the Kinship Structure of the Mentawai People in Pasakiat Taileleu
Full text linkThis research aims to analyze the existence of uma in the community kinship system in Taileleu, describe the taileleu community\u27s response to the existence of uma in culture for daily life, identify the effo rts of the younger generation to preserve uma in Mentawai culture. The method used in this research is qualitative. Informants in this study amounted to 20 people who were selected by porposive sampling. Data collection techniques are observation, interview and documentation study. The data validity test uses the source triangulation method. The results showed that the existence of uma in the kinship of the taileleu community can be seen from the spiritual function that each side of the uma has a spirit, 1. Orat, 2. bakkat katcaila, 3. Ngong, 4. Abu, 5. Baibajat, 6. Salipak, 7. Tuddukat. Social function 1. To gather in planning a traditional party, 2. As a place to live for some family members, especially the rimata or elders, 3. As a means of traditional parties. Uma as a place to store food such as taro, bananas, sago, and the results of hunted pigs and the results of traditional parties that are salted. In the taileleu community\u27s response to the existence of uma in Mentawai culture for daily life, 1. Uma is still needed, 2. Uma needs to be preserved, 3. Local government attention is needed in preserving uma. Efforts to involve the younger generation to preserve uma in Mentawai culture, 1. Participate in repairing uma that have been deer
ACTUALIZATION OF BANK PRINCIPLES OF PRECAUTION IN AN EFFORTS TO PROTECT CUSTOMERS AGAINST SOCIAL ENGINEERING BANKING CRIME MODES
Full text linkThis study is based on the increasing cases of socialengineering fraud in the banking sector that threatencustomer security. The urgency of this study lies in theneed to understand how the bank\u27s precautionaryprinciple can be actualized to protect customers fromincreasingly sophisticated crime modes. The purpose ofthis study is to analyze the application of theprecautionary principle in customer protection effortsand to identify steps that can be taken by banks to reducethe risk of such crimes. The research method used is anormative method supported by empirical data. Empiricaldata were collected through in-depth interviews withbank management, namely at PT. Bank BRI DenpasarRenon Branch and PT. Bank BPD Bali Denpasar Branch.The results of the study indicate that although banks haveimplemented several precautionary principles, there arestill gaps in their implementation that can be exploited bycriminals. This study found that customer education andimproving digital security systems are important stepsthat need to be taken to strengthen customer protection.The output of this study is expected to provide practicalrecommendations for banks in optimizing the applicationof the precautionary principle and increasing customerawareness of the potential risks of social engineeringcrimes. In addition, the results of this study can also be areference for better banking policies in protectingcustomers in the digital eraThis study is based on the increasing cases of social engineering fraud in the banking sector that threaten customer security. The urgency of this study lies in the need to understand how the bank\u27s precautionary principle can be actualized to protect customers from increasingly sophisticated crime modes. The purpose of this study is to analyze the application of the precautionary principle in customer protection efforts and to identify steps that can be taken by banks to reduce the risk of such crimes. The research method used is a normative method supported by empirical data. Empirical data were collected through in-depth interviews with bank management, namely at PT. Bank BRI Denpasar Renon Branch and PT. Bank BPD Bali Denpasar Branch. The results of the study indicate that although banks have implemented several precautionary principles, there are still gaps in their implementation that can be exploited by criminals. This study found that customer education and improving digital security systems are important steps that need to be taken to strengthen customer protection. The output of this study is expected to provide practical recommendations for banks in optimizing the application of the precautionary principle and increasing customer awareness of the potential risks of social engineering crimes. In addition, the results of this study can also be a reference for better banking policies in protecting customers in the digital era
The Problem of Legal Void and Government Indecisiveness Regarding Environmental Pollution and Damage by Coal Stockpiles
Full text linkCoal stockpile activities spread across various regions in Indonesia have caused serious environmental problems, especially related to air, water, and soil pollution. Although the impacts are real and ongoing, legal regulations for these activities are still tiniest, even showing a fairly crucial legal vacuum. The absence of specific regulations, binding technical standards, and overlapping authority between government agencies has resulted in weak supervision and law enforcement of coal stockpile business actors. This study uses a normative-empirical legal approach with a qualitative analysis method to examine the forms of legal vacuum in environmental management related to coal stockpiles and their implications for community and ecosystem protection. The research results indicate that comprehensive legal reform is needed, both through the formation of new regulations, strengthening the role of local governments, increasing law enforcement effectiveness, and actively involving the public in environmental supervision. The reform is crucial to realize sustainable and environmentally just mining governance
Exploring Legal Vacuum in Tax Dispute Claims: A Study of Tax Insurance Regulatory Asymmetry in M&A Transactions
Full text linkThe absence of tax insurance regulations in Law No. 40/2014 and POJK creates legal uncertainty that triggers post-M&A disputes. The unclear scope of “tax risk” coverage has the potential to increase the fiscal burden and losses of companies. This study aims to identify and analyze gaps in tax insurance regulations within the Indonesian legal framework. The results are expected to formulate recommendations for amendments to the Insurance Law, technical guidelines from the OJK-DJP, and standard policy clauses. The research method uses a normative legal approach with statutes, conceptual analysis, and case studies. This study found that the absence of specific regulations on tax insurance in the Insurance Law and POJK creates uncertainty regarding coverage after M&A. The lack of clarity in the definition of “tax risk” and the absence of mandatory clause guidelines trigger potential disputes and fiscal losses for businesses. Therefore, amendments to the Insurance Law, integrated technical guidelines from the OJK and DJP, and tax insurance contract standards are needed to ensure legal certainty and investment stability
Legal Protection of Copyright as a Digital Asset in Technology-Based Commercial Transactions in Indonesia
Full text linkThe development of digital technology has driven the transformation of the global economy, including in Indonesia, through the commercialization of digital assets such as creative works, Non-Fungible Tokens (NFTs), and e-commerce platforms. However, the national legal system is still unable to accommodate these dynamics comprehensively. This study aims to analyze the effectiveness of legal protection of CopyrightCopyright as a digital asset in technology-based transactions, using normative legal methods and legislative, conceptual, and comparative legal approaches. The results of the study show that Law Number 28 of 2014 concerning Copyright and related regulations still has a gap in norms in dealing with new forms of digital intellectual property, weak law enforcement, and limited technical understanding by law enforcement officers. In addition, the less-than-optimal regulation in the financial, taxation, and personal data protection sectors increases the legal risks for digital economy actors, especially MSMEs and content creators. Therefore, responsive legal reforms are needed to strengthen the digital justice system, integrate technologies such as blockchain and AI, and increase legal literacy and coordination between institutions. This reform is important to create a fair, safe, and sustainable digital ecosystem that supports the growth of the national creative economy
Law and Representation: Gender, Power, and Religious Narratives in Indonesian Film
Full text linkThis article critically examines the intersection of gender, power, and religious ideology in the Indonesian film Tuhan, Izinkan Aku Berdosa, using Roland Barthes’ semiotic framework within a communication studies perspective. By analyzing the denotative, connotative, and mythical meanings of key visual elements—such as the hijab, spatial dynamics, lighting, and body language—the study reveals how symbolic narratives in the film reproduce patriarchal discourse and religious authority that regulate women’s bodies and moral identities. Film, as a form of mediated communication, functions not merely as entertainment but as a powerful ideological text that shapes public perception, reinforces cultural myths, and contributes to the construction of social norms. Building upon this, the article expands the analysis by connecting the film’s symbolic representations to Indonesia’s legal and policy frameworks, including Islamic family law, local moral regulations (Perda Syariah), and recent legislation on sexual violence. Through this interdisciplinary approach, the study engages feminist legal theory and reformist Islamic scholarship to show how cinematic representations both reflect and challenge institutionalized gender inequality. The findings demonstrate that visual communication in film can serve as a discursive arena for negotiating religious authority, exposing moral hypocrisy, and contesting legal injustices. Ultimately, this study underscores the critical role of film as a medium of cultural resistance and legal reflection in contemporary Indonesian society
Potret Hukum Keluarga Muslim Di Nigeria, Somalia, dan Ghana: Regulasi Hukum Perkawinan dan Kewarisan yang berlaku bagi orang Islam di Nigeria, Somalia, dan Ghana
No full textNigeria, Somalia, and Ghana are countries with distinct demographic compositions of the Muslim population: approximately 51% in Nigeria, 99% in Somalia, and 19.9% in Ghana. Each jurisdiction demonstrates diverse legal characteristics in the regulation of Muslim family law. This study aims to analyze the regulatory framework and the effectiveness of Muslim family law in these three jurisdictions. The research employs a descriptive-analytical method with a normative juridical approach. Data were obtained through a library-based examination of statutory provisions and relevant literature, and subsequently analyzed qualitatively. The findings indicate that the Federal Government of Nigeria has delegated authority to twelve northern states to regulate Muslim family law in accordance with Islamic law. Nevertheless, state involvement remains relatively minimal, as implementation is largely entrusted to local religious authorities, most of whom adhere to the Maliki school. In Somalia, the state assumes a dominant role through the codification and modernization of Islamic family law as embodied in the 1975 Family Law. By contrast, in Ghana, Muslim family law is regulated under the Mohammedan Marriage Ordinance (Cap 129 of 1951); however, the regulation is not comprehensive, with the state granting Muslim communities autonomy to observe Islamic law as a form of living law within society. The effectiveness of Muslim family law thus requires a balance between clear and comprehensive legal substance, robust institutional structures, and a legal culture supportive of its implementationNigeria, Somalia, dan Ghana merupakan negara-negara dengan komposisi penduduk Muslim yang berbeda: Nigeria sekitar 51%, Somalia mayoritas 99%, dan Ghana minoritas 19,9%. Ketiganya memiliki karakteristik hukum yang beragam dalam mengatur keluarga Muslim. Penelitian ini bertujuan untuk menganalisis regulasi hukum keluarga Muslim di ketiga negara tersebut. Metode yang digunakan adalah deskriptif-analitis dengan pendekatan yuridis normatif. Data diperoleh melalui studi kepustakaan terhadap peraturan perundang-undangan dan literatur relevan, kemudian dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa pemerintah federal Nigeria memberikan kewenangan kepada 12 negara bagian di wilayah utara untuk mengatur hukum keluarga Muslim berdasarkan hukum Islam. Namun, keterlibatan negara relatif minimal karena pelaksanaannya lebih banyak diserahkan kepada otoritas keagamaan lokal yang mayoritas menganut mazhab Maliki. Di Somalia, negara berperan dominan melalui kodifikasi dan modernisasi hukum keluarga Islam yang tertuang dalam Family Law tahun 1975. Sementara itu, di Ghana, hukum keluarga Muslim diatur dalam Mohammedan Marriage Ordinance (Cap 129 Tahun 1951), namun regulasinya tidak komprehensif. Negara memberikan kebebasan bagi komunitas Muslim untuk menjalankan hukum Islam sebagai bagian dari living law yang hidup dalam masyarakat