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Governance Strategy for Free Nutritious Food Procurement: An Administrative Law Perspective Arifin, Zaenal; Arifin, Miftah
Jurnal Wawasan Yuridika Vol 9 No 2 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

The Free Nutritious Food Program (MBG) is a strategic government policy to improve the quality of human resources; however, its procurement governance still raises juridical concerns that create discrepancies between das sollen and das sein. This study aims to analyze the governance of MBG procurement from the perspective of Administrative Law and to formulate procurement strategies in line with the principles of good governance. The research employs a normative juridical method with statute approach and case approaches, using primary legal materials such as Presidential Regulation No. 16 of 2018 and Presidential Regulation No. 83 of 2024, and is qualitatively analyzed. The findings reveal practices of large provider dominance, limited MSME access to the e-catalog, and weak oversight, which contradict the principles of legality, justice, and accountability. The novelty of this research lies in its assertion that MBG procurement is an administrative act (bestuursdaad) that must be examined within the framework of Administrative Law to ensure the program’s legitimacy, fairness, and sustainability.
Implementasi Pendidikan Karakter Berbasis Toleransi dalam Pembentukan Sikap Pluralisme Aliyah, Sofiatil; Zubaidi, Ahmad; Machfudi, Moch. Imam; Wahono, Suparwoto Sapto; Arifin, Miftah
Jurnal Kajian Ilmu Pendidikan (JKIP) Vol. 6 No. 4 (2025): Jurnal Kajian Ilmu Pendidikan (JKIP)
Publisher : Lembaga Riset dan Inovasi Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkip.v6i4.1759

Abstract

This study examines the implementation of tolerance-based character education in shaping pluralistic attitudes among students at Pondok Pesantren Nurul Jadid, Paiton Probolinggo. Using a qualitative case study approach, the research explores the mechanisms of habituation, exemplary leadership, and value integration within the curriculum and religious activities. Data were collected through interviews, observations, and documentation involving pesantren leaders, teachers, student organizations, and senior students. The findings reveal that daily interactions in the pesantren—structured around the Panca Kesadaran Santri (Five Awarenesses of Students): religious awareness, intellectual awareness, social awareness, national awareness, and organizational awareness—serve as the foundation for internalizing tolerance values. Tolerance is cultivated through positive social contact in shared spaces, conflict resolution guided by educators, and dialogical learning forums such as halaqah, bahtsul masail, and comparative fiqh studies. These processes contribute significantly to the development of pluralistic attitudes in cognitive, affective, and conative dimensions. The study concludes that pesantren plays a strategic role as a socialization space for moderation, producing students who are inclusive, adaptive, and capable of living harmoniously within a diverse society.
Keteladanan Guru Pendidikan Agama: Kajian Role Model Spiritual Dan Krisis Moral Di Era Teknologi Ali, Mohammad; Pradana, Yudik; Wahono, Suparwoto Sapto; Machfudi, Moch. Imam; Arifin, Miftah
Jurnal Kajian Ilmu Pendidikan (JKIP) Vol. 6 No. 4 (2025): Jurnal Kajian Ilmu Pendidikan (JKIP)
Publisher : Lembaga Riset dan Inovasi Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkip.v6i4.1834

Abstract

Era teknologi digital membawa perubahan besar dalam perilaku, orientasi nilai, dan pola interaksi peserta didik. Kemudahan akses informasi tidak hanya membuka peluang pembelajaran, tetapi juga menghadirkan ancaman berupa degradasi moral, individualisme, hedonisme, serta rendahnya etika bermedia. Dalam konteks ini, keteladanan guru Pendidikan Agama Islam menjadi elemen strategis untuk membentuk karakter religius dan moral peserta didik. Penelitian ini bertujuan untuk: Mendeskripsikan urgensi keteladanan guru PAI dalam pembentukan karakter, menganalisis peran guru PAI sebagai role model spiritual, mengidentifikasi tantangan keteladanan di era digital, dan merumuskan strategi penguatan keteladanan yang relevan dengan kebutuhan pendidikan kontemporer. Penelitian menggunakan metode kajian pustaka melalui analisis jurnal dan buku periode 2020–2025. Sumber literatur dipilih berdasarkan relevansi dan kelayakan akademik. Hasil penelitian menunjukkan bahwa keteladanan guru PAI merupakan metode paling efektif untuk menanamkan nilai spiritual, moral, dan sosial, karena peserta didik lebih mudah menginternalisasi nilai melalui contoh nyata dibandingkan instruksi verbal. Keteladanan guru terbukti memperkuat karakter religius, literasi moral digital, dan perilaku sosial siswa. Temuan ini menegaskan bahwa penguatan kompetensi spiritual, kepribadian, dan etika digital guru PAI sangat penting untuk menghadapi tantangan era teknologi. Hasil penelitian ini signifikan sebagai pijakan pengembangan strategi pendidikan karakter berbasis keteladanan di sekolah
Unhealthy Business Competition in Government Procurement of Goods/Services in Indonesia: An Analysis of the Friedman Legal System Arifin, Zaenal; Arief Slamet Karyadi; Miftah Arifin
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4597

Abstract

This study aims to analyze unfair business competition practices and their resolution mechanisms in government procurement of goods and services in Indonesia using Lawrence M. Friedman's legal system theoretical framework. The study method used is normative legal research with a legislative, conceptual, and case study approach, which is analyzed qualitatively through a review of legislation, decisions of the Business Competition Supervisory Commission (KPPU), and relevant legal literature. Case studies were conducted by analyzing three KPPU decisions that represent patterns of tender collusion in procurement, namely the Revitalization of Taman Ismail Marzuki (TIM) Phase III case, the provision of clean water in North Lombok, and the construction of the Prabumulih Mall. The novelty of this research lies in the simultaneous integration of weaknesses in legal structure, legal substance, and legal culture to assess the effectiveness of antitrust law enforcement in the procurement sector. The results of the study show that the main obstacles to the enforcement of business competition law not only stem from regulatory loopholes and definitions of norms that are not yet operational, but are also influenced by institutional capacity constraints, weak inter-agency coordination, and a permissive culture towards collusion in procurement practices. This study emphasizes that strengthening the effectiveness of law enforcement requires practical measures such as refining the norms prohibiting collusion, integrating sanctions and a database of violations into the national e-procurement system, and strengthening the synergy between KPPU and LKPP through a post-decision monitoring mechanism to prevent repeat violations. The conclusion of the study states that regulatory reformulation, strengthening of supervisory institutions, and renewal of the culture of compliance are key prerequisites for the realization of transparent, fair, and accountable procurement governance.
The influence of the Business Judgment Rule on the accountability of the Board of Directors for their errors or negligence based on Eisenberg's theory of Director's Accountability Arifin, Miftah; Arifin, Zaenal
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4208

Abstract

In the business world, the Business Judgment Rule (BJR) is a legal principle that provides protection to directors when making risky business decisions, as long as those decisions are made in good faith, with sufficient care, and without personal interest. Although BJR is not explicitly regulated in Indonesian law, this principle is reflected in the Limited Liability Company Law and considered in the theory of director liability proposed by Melvin Aron Eisenberg. The purpose of this research is to analyze the application of the Business Judgment Rule principle in Indonesian corporate law to protect directors from liability for their mistakes or negligence, and to evaluate its influence on Eisenberg's theory of director liability. This study uses a normative legal research method that examines legal norms to analyze and interpret legal provisions related to the application of the Business Judgment Rule and director liability in Indonesia, as well as examining the influence of Eisenberg's theory on that doctrine. A conceptual approach is used to study the concept of the Business Judgment Rule and Eisenberg's theory of director liability in depth. The research results show that the Limited Liability Company Law in Indonesia regulates the application of the Business Judgment Rule (BJR), which provides protection to directors from liability for risky business decisions as long as they meet the requirements of good faith, due care, no conflict of interest, and efforts to prevent loss. However, BJR protection is not absolute, and directors can be held accountable if they violate corporate governance principles. Melvin A. Eisenberg's theory of director liability provides clearer boundaries, where directors can lose BJR protection if they violate the duty of care, duty of loyalty, duty of good faith, and duty of candor, making them accountable for their mistakes or negligence in business decision-making.
Perception and Readiness of Pre-Service Teachers in Implementing Individualized Educational Program (IEP) in Inclusive Education Hidayah, Anis; Mustakim, Adam; Nafisah, Durrotun; Wahono, Suparwoto Sapto; Machfudi, Moch. Imam; Arifin, Miftah
Scaffolding: Jurnal Pendidikan Islam dan Multikulturalisme Vol. 8 No. 1 (2026): Pendidikan Islam dan Multikulturalisme
Publisher : Institut Agama Islam Sunan Giri (INSURI) Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/scaffolding.v8i1.8598

Abstract

This study aimed to analyze: (1) pre-service teachers' perceptions of the urgency of the IEP, (2) their readiness (cognitive, affective, and skills) to design and implement it, and (3) the influence of internal and external factors on this readiness. A quantitative approach using descriptive and correlational survey methods was employed. The research subjects were 38 seventh-semester prospective teachers at universities in East Java, Indonesia. The universities were Jember Islamic University, State Islamic University (UIN Kyai Haji Ahmad Shiddiq), and Nurul Jadid University, which were selected through purposive sampling. Data were collected using a valid and reliable Likert scale questionnaire. The data analysis used was descriptive analysis and multiple linear regression. Descriptive analysis revealed that 64.5% of participants had positive readiness and perceptions. While perception of IEP urgency was high (73.7% positive), external factors like institutional support showed the lowest positive percentage (57.9%). Multiple Linear Regression indicated that internal and external factors together significantly influenced readiness (R²=0.794), with internal factors (β=0.512) being more dominant than external ones (β=0.387). The novelty of this finding underscores that while personal competence development is foundational, systemic support from teacher education institutions is equally critical for successful IEP implementation, highlighting a necessary dual focus in teacher preparation programs.
Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks Arifin, Miftah; Arifin, Zainal; Widiastuti, Anna; Ismanto, Hadi; Giang, Vu Le
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3425

Abstract

Introduction: Economic globalization has strengthened foreign investment flows in developing countries such as Indonesia and Vietnam. However, investment policy orientations that overemphasize economic efficiency often ignore social justice for local communities. This inequality raises the need to revisit the legal framework that governs the relationship between foreign investors and the recipient community. Customary law is seen as a source of values and moral principles that can strengthen social legitimacy in the practice of foreign direct investment (FDI).Purposes of the Research:  This study aims to analyze how customary law can play a role in restoring social justice through the implementation of corporate social responsibility (CSR) and performance requirements in foreign investment, by comparing the legal frameworks of Indonesia and Vietnam, this study seeks to find a model of customary law integration that is able to balance economic interests with the social and cultural values of local communities.Methods of the Research: This study uses a normative-comparative legal approach by analyzing laws and regulations, policy documents, and CSR implementation practices in Indonesia and Vietnam. Data was collected through literature studies and content analysis of various primary and secondary legal sources. A comparative approach is used to identify similarities and differences in the application of customary law as the basis for foreign investment policies in both countries.Results of the Research: The results of the study show that Indonesia has adopted customary law principles, such as mutual cooperation and social justice, within the legal framework of CSR and investment performance requirements. In contrast, Vietnam still emphasizes socialist state policies without explicit recognition of local customary law values. The integration of customary law has been proven to strengthen the social legitimacy and sustainability of investments, as it fosters corporate social responsibility that is in line with community values and promotes more equitable and inclusive development.