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All Journal Journal of Indonesian Tourism and Development Studies Brawijaya Law Journal : Journal of Legal Studies Jurnal Ilmiah Hukum LEGALITY Al-Daulah : Jurnal Hukum dan Perundangan Islam DIVERSI : Jurnal Hukum
Airin Liemanto
Fakultas Hukum Universitas Brawijaya
Agriculture, Biological Sciences & Forestry Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Inquiring into the sustainable tourism village development through the social complexity of adat peoples in digital era Fadli, Moh; Hadiyantina, Shinta; Cahyandari, Dewi; Liemanto, Airin; Sholehudin, Miftahus
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.26438

Abstract

This research aims to inquire into the concept of sustainable tourism development currently taking place in tourism villages in Indonesia, added with the criteria of social complexity of the locals in the digital era. With a qualitative approach, this research obtained samples of the people of Inner Inner Baduy – Banten, Tenganan Pegringsingan – Bali, and Wonokitri – Tengger. Observation, in-depth interviews, and Focus Group Discussion were also performed to gain validated data, which were further analyzed based on SWOT to help formulate the strategies for sustainable tourism village development. The research results indicate that there was disharmony between the policies of the state and the economy of the Adat peoples, cultural exoticism and modernity, economic development, and the culture of adat tourism. Therefore, the process of planning and setting the criteria for sustainable tourism development should take into account the complexity and social diversity. Furthermore, a Plan for Digital Inclusion for adat people needs to be developed. The contribution of this research is expected to help reduce the disharmony of interest in the development of adat tourism villages and bring about the concept of sustainable tourism development to boost the authenticity of adat villages that correspond with their uniqueness in the digital era.
Recognition of the right to participation of tribal peoples in the repatriation of Lombok treasures Liemanto, Airin; Fadli, Moh.; Kusumadara, Afifah; Haq, Lalu Muhammad Hayyanul
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.33052

Abstract

This research explores the absence of the peoples of customary law in returning Lombok treasures before, during, and after repatriation, while international law and law in Indonesia recognise and respect the right to self-determination and participation of the people of customary law in a cultural sector. This article employed a normative-legal method supported by conceptual and case approaches. A descriptive-prescriptive method was employed, and data were analysed using content analysis. The results show that the government faces the challenge of determining official representatives of tribal peoples. Another challenge came from inadequate infrastructure and budget. The absence of the tribal peoples has led to the failure of achieving the reconciliation of unfair history, blocked access to helping with the research on the origin of the objects of cultural heritage, reinforced the content of agreements and cooperation of repatriation, and reintegrated the missing objects into their cultural context. This gap can be solved with two strategies reinforcing the role and participation of the tribal peoples in the repatriation process, namely by setting up the legal framework for the repatriation of cultural heritage objects and strengthening the involvement and legal standing of the tribal peoples. Through the study of Lombok treasures, this research contributes a valuable lesson and awareness, indicating that the State should recognise the right to participation of the peoples of customary law in an attempt to repatriate other objects of cultural heritage in the time to come.
Politik Hukum Pembangunan Hukum Nasional dalam Garis-Garis Besar Haluan Negara Tahun 1973 dan Tahun 1978 Fadli, Moh; Maulana, Iqbal; Liemanto, Airin
DIVERSI : Jurnal Hukum Vol 10 No 2 (2024): DIVERSI: Jurnal Hukum
Publisher : UNIVERSITAS ISLAM KADIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/diversi.v10i2.5969

Abstract

This article aims to explore the legal policy on national legal development in the 1973 and 1978 Guidelines of State Policy of the Republic of Indonesia (GBHN). Through a normative legal research approach, incorporating statutory, historical, and conceptual analysis, the study reveals several key insights. First, the GBHN serve as the overarching framework for national development, ensuring continuity across various sectors to realize the national goals outlined in the Preamble to the 1945 Constitution. Pancasila and the 1945 Constitution are positioned as enduring legal policy. Second, both the 1973 and 1978 GBHN emphasize the creation, renewal, codification, and unification of laws. The legal policy on legal development outlined in the 1978 GBHN not only build upon but also expand the initiatives of the 1973 GBHN. The development of the national legal system in both guidelines occurs simultaneously, addressing the legal substance, structure, and culture within society. Third, while legal development is crucial, it is not the highest priority, as it is seen as a supportive element to the economic sector, which was considered more pressing at the time.
Integrating Good Governance and Digitalisation: A New Breakthrough in the Special Economic Zone of Singhasari Cahyandari, Dewi; Susilo, Edi; Hadiyantina, Shinta; Prasetyo, Ngesti D.; Supriyadi, Aditya Prastian; Liemanto, Airin; Arifien, Zainal; Supriyadi, Rizki Febrianto; Lestari, Diah Charisma
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.238-268

Abstract

Special Economic Zones (SEZs) aim to boost the economy of a region or even a country. In Indonesia, as of 2022, eighteen regions belonged to SEZs, and Singhasari is among those regions—the only SEZ with a digital economic concept. In its implementation, a Good Governance concept is needed to allow for the organisation of management and the achievement of the goals of the development of the SEZ. Concepts such as Community Participation, Stakeholder Involvement, and Local Ownership will be discussed in this research. On the other hand, technology can be utilised to give value to SEZ. The digitalisation of the SEZ can be used in the implementation of Good Governance concepts as well as attracting people and investors to participate. The concept of digitizing the SEZ Singhasari area utilising Augmented Reality and Virtual Reality can be used to introduce the SEZ of Singhasari. Besides, there are also other features such as legal materials underpinning the development of SEZ Singhasari. This study used the principle of Good Governance that underlies SEZ governance. Meanwhile, the concept of digitalisation with the addition of augmented and virtual reality will be used as one of the breakthroughs to harmonize development in the current technological era. Keywords: Special Economic Zone, Singhasari, Digitalisation, Good Governance.
Sustainable Tourism as a Development Strategy in Indonesia Fadli, Moh.; Susilo, Edi; Puspitawati, Dhiana; Ridjal, Abraham Mohammad; Maharani, Diah Pawestri; Liemanto, Airin
Journal of Indonesian Tourism and Development Studies Vol. 10 No. 1 (2022)
Publisher : Graduate School, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.jitode.2022.010.01.04

Abstract

In recent years, Indonesia has increasingly shown its dependence on the tourism sector by adopting the idea of sustainable tourism as a development strategy. Based on doctrinal legal research method with a statutory and conceptual approach, this article used the concept of sustainable tourism to explore the opportunities and challenges faced by Indonesia in developing tourism sector. This article argues that even though Indonesia has the 2009 Tourism Law that specifically regulates tourism governance based on a multisectoral approach, this law does not clearly adopt the concept of sustainable tourism, resulting in different perceptions between actors at various levels of tourism administration. The sustainable tourism agenda in particular still depends on the initiatives of each actor, is fragmented and heavily influenced by various factors of power relations, financial capacity, and human resources. This article suggests the need for strengthening legal and institutional frameworks to achieve the 2030 Agenda for Sustainable Development Goals that place communities as the subject of tourism development.Keywords: Sustainable tourism, the 2009 Tourism Law, the 2030 Agenda for Sustainable Development Goals, tourism governance.
Beyond Criminalization: Rethinking Same-Sex Sexual Offences and Punishment under Aceh’s Qanun Jinayat through Contemporary Maqasid al-Sharia’ah Fines Fatimah; Madjid, Abdul; Chanifah, Nur; Liemanto, Airin
Brawijaya Law Journal Vol. 13 No. 1 (2026): Contemporary Trends in Criminal Law Reform: Procedural Innovations, Rights, an
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2026.013.01.03

Abstract

This study examines the criminalization and punishment of same-sex sexual offences under Aceh’s Qanun Jinayat through the perspective of contemporary Maqashid al-Shari’ah. Using a qualitative approach with statutory, conceptual, and analytical methods, it explores the legal rationale underlying the criminalization of liwath and musahaqah as well as the punishment framework prescribed by Aceh’s Qanun. The study finds that Aceh's history is closely tied to its Islamic cultural values and the aim of implementing Islamic law based on regional autonomy. The criminalization stems from the view that liwath and musahaqah are prohibited by Islamic law, a stance established through ijtihad involving ulama and Qanun drafters. Applying Jazeer Auda's contemporary Maqashid al-Shari’ah framework, the study argues that both the scope of criminalized acts and the punishment system repuire critical reassessment to better fulfil the objecties of Islamic law in protecting human dignity, public welfare and social order. The study further proposes reconsiderations of the legal subject, the scope of criminal offences, alternative penal approaches, rehabilitative measures, and the regulation of organisational activities promoting same-sex sexual acts within Aceh’s Islamic legal framework.
Co-Authors Abdul Madjid Abraham Mohammad Ridjal Afifah Kusumadara Arifien, Zainal Dewi Cahyandari, Dewi Dhiana Puspitawati Diah Pawestri Maharani, Diah Pawestri Edi Susilo FADLI, MOH Fadli, Moh. Fines Fatimah Iqbal Maulana Lestari, Diah Charisma Miftahus Sholehudin Nur Chanifah Prasetyo, Ngesti D. Shinta Hadiyantina Supriyadi, Aditya Prastian Supriyadi, Rizki Febrianto ul-Haq, Hayyan