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The Ambiguous Authority of Provincial Governors in Customary Law Recognition: Regulatory Fragmentation in Indonesia’s Decentralization Era Jayuska, Rizki; Handayani, I Gusti Ayu Ketut Rachmi; Isharyanto, Isharyanto; Marzuki, Ismail; Fawaid, Achmad
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.46367

Abstract

This study aims to analyze the structural, institutional, and regulatory challenges in recognizing Indigenous Law Communities (Masyarakat Hukum Adat/MHA) in Indonesia, with a particular focus on the strategic yet ambiguous role of provincial governments. Despite the legal mandate for decentralization, the dual function of governors as regional heads and central government representatives has not been supported by a clear legal framework to facilitate cross-district recognition of MHA. Using a qualitative approach, the study employs document analysis of legal texts, regional regulations, and case studies, supported by secondary data from institutional reports and scholarly publications. The findings reveal three major issues: first, the absence of a legal mandate for governors to coordinate inter-district recognition processes; second, regulatory conflicts between provincial and district-level authorities, especially when indigenous territories cross administrative boundaries; and thrid the lack of harmonization between regional customary regulations and national laws. These obstacles have resulted in legal uncertainty, fragmented policy implementation, and continued marginalization of indigenous communities. This research contributes to the discourse on multilevel governance by emphasizing the overlooked role of governors in indigenous rights recognition. It also identifies practical entry points for policy reform, such as enhancing judicial review mechanisms, formalizing adat institutions, and improving spatial data integration across ministries. The originality of this study lies in shifting the analytical lens from district-level actors to the provincial level, proposing a coordinated, vertically and horizontally integrated governance framework for sustainable recognition of indigenous communities in Indonesia.
Re-Designing Independent Campus Model in Islamic Boarding School Higher Education Achmad Fawaid; Abdullah Abdullah; Miftahul Huda
JURNAL AL-TANZIM Vol 7, No 4 (2023)
Publisher : Nurul Jadid University, Probolinggo, East Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/al-tanzim.v7i4.6165

Abstract

This research has the purpose to (1) test the effectiveness of the MBKM program model at Nurul Jadid University through limited trials; (2) conduct an evaluation and revision of the model; (3) carry out a broader model trial for the development of future MBKM prototype programs. This research employs a Research and Development approach with two implementation phases. The research outcomes indicate that in the first phase, an exploratory research and prototype design of the MBKM program were conducted through the MBKM Santri Mengabdi and MBKM Santri Mengajar programs. In the second phase, a trial of the MBKM program design was conducted with a limited group, and the outcomes demonstrated the success of the MBKM Santri Mengabdi and MBKM Santri Mengajar programs, serving as prototypes for the independent development of MBKM by Nurul Jadid University. Through evaluation and revisions, it was found that the MBKM Santri Mengabdi and MBKM Santri Mengajar programs are suitable for broader implementation, even though some technical adjustments were identified. The outcomes of the program trial indicate that the MBKM Santri Mengabdi and MBKM Santri Mengajar programs are suitable for implementation and are proposed to be carried out in all research programs at Nurul Jadid University in Paiton, Probolinggo.
THE ROLE OF ISLAMIC CULTURAL HISTORY TEACHERS IN FORMING THE ISLAMIC CHARACTER OF GRADE IX STUDENTS AT NURUS SYAM WRINGIN BONDOWOSO MIDDLE SCHOOL Izzul Kamal, Muhammad Nauval; Fawaid, Achmad
PROCEEDING OF INTERNATIONAL CONFERENCE ON EDUCATION, SOCIETY AND HUMANITY Vol 2, No 2 (2024): Third International Conference on Education, Society and Humanity
Publisher : PROCEEDING OF INTERNATIONAL CONFERENCE ON EDUCATION, SOCIETY AND HUMANITY

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to analyse the role of Islamic Cultural History (SKI) teachers in shaping the Islamic character of class IX students at Madrasah Tsanawiyah Nurus Syam, Wringin, Bondowoso. A descriptive qualitative approach is used in this research, with data collection through observation, interview, and documentation. Research results show that SKI teachers have a strategic role as educators, mentors, and role models in the process of forming students' Islamic character. The strategies used include the integration of Islamic values in learning, familiarisation of noble morals, as well as strengthening through religious extracurricular activities. Success support factors include teacher commitment, school environment support, and parent participation. The challenges faced are the limited learning time and the heterogeneity of student character. This research concludes that SKI teachers play an important role in building students' Islamic character, so that a synergy between teachers, schools, and parents is needed to create an educational environment that supports the formation of Islamic character optimally.
Islamic Law And Gendered Inheritance: An-Taradhin as Breakthrough for Women’s Rights Disputes in Java, Bali, and Sumatra Sugianto, Hendi; Fawaid, Achmad; Baharun, Hasan; Yarun, Ayuningtias
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12614

Abstract

The Indonesian government provides legal protection for women, but they face ongoing challenges in preserving land ownership in various regions. This article aims to explore three main points: (a) women’s contested land ownership and inheritance rights in Java, Bali, and Sumatra, (b) the successful breakthroughs in the application of Islamic law in addressing these contestations in other regions, and (c) the idea of ​​an-taradhin as a practical solution to these disputes. This study employs a qualitative empirical legal research approach, combining documentary analysis of statutory frameworks and Islamic legal sources with field interviews with several stakeholders (ranging from PPAT to NGOs). The empirical data were gathered through fieldwork in selected rural communities across Java, Bali, and Sumatra. This dual approach integrates normative legal analysis with empirical findings to offer a contextualized understanding of the application of Islamic law. This study reveals that Islamic laaw, when contextualized with local customs, offers a viable framework to overcome cultural and legal barriers. Notably, the principle of an-taradhin demonstrates potential to uncover the issue of women’s land and inheritance rights amidst legal and customary conflicts in Indonesia. This study also recommends breakthroughs by providing some lessons from other cases of implementing an-taradhin in various regions (such as in the Sundanese, Sampang, and Yoruba communities). This study contributes primarily to Islamic legal studies with significant implications for customary law reform and gender justice, by proposing the integration of Sharia-based principles such as maslahah and an-taradhin within pluralistic legal systems.