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All Journal Journal of Law and Legal Reform Jurnal Pengabdian Hukum Indonesia
Maskun Maskun
Faculty of Law, Universitas Hasanuddin
Law, Crime, Criminology & Criminal Justice

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Examining the Implementation of Participatory Village Autonomy: Models of Community Engagement and Application in Strengthening Inclusive Governance in Indonesia Muhammad Mutawalli Mukhlis; Maskun Maskun; Ahmad Masum; Muhammad Saleh Tajuddin; Wa Ode Intan Kurniawati; Yusuf Ibrahim Arowosaiye; Naswar Naswar
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.21226

Abstract

This study rigorously examines the practical implementation of participatory village autonomy, a linchpin for inclusive governance in Indonesia. Despite formal recognition by Law No. 6 of 2014 and its 2024 amendment , significant  hurdles persist, including elite domination, financial mismanagement, limited community engagement, and insufficient institutional capacity. Employing a normative legal methodology, this inquiry  identifies effective models of community engagement and application for the Indonesian context. Findings  affirm that village autonomy's democratization requires comprehensive legal reform, institutional strengthening, transparent administration, and active citizen involvement. Beyond mere electoral procedures, true democratization  demands cultural adaptation, community empowerment, and robust accountability mechanisms to prevent elite capture.  Synergistic collaboration among central, regional, and village governments is paramount for genuinely responsive local governance. Lessons from diverse precedents  underscore the necessity of community-driven planning and legally mandated public participation for sustainable village development. This research  concludes that empowered village autonomy can substantially foster an equitable and resilient Indonesian governance landscape, contingent upon holistic systemic reforms and diligent application of innovative engagement models.
Strengthening Legal Protection for Traditional Cultural Expressions in North Sulawesi: A Community-Based Approach to Prevent Commercial Misappropriation Maskun Maskun; Budiyanto Budiyanto; Muhammad Saleh Tajuddin; Muhammad Mutawalli Mukhlis; Ahmad Masum
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 9 No. 1 (2026): (January-June 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v9i1.21294

Abstract

This community service aims to strengthen the legal protection of Traditional Cultural Expressions (TCEs) in North Sulawesi against unauthorized commercial utilization by improving stakeholders' understanding of communal intellectual property (IP) protection and enhancing readiness for inventory and documentation. The program adopted a participatory legal community service approach involving needs identification, legal counseling, interactive discussions, and evaluation with local stakeholders. The needs assessment identified two major challenges: incomplete inventory and documentation of TCEs for communal intellectual property registration and the absence of local mechanisms governing permission and benefit-sharing for commercial utilization. To address these issues, the program produced three practical outputs: a shared action pathway for communal IP registration, a simplified inventory and documentation checklist, and policy recommendations supporting local regulations on permission and benefit-sharing. The findings indicate that legal counseling combined with stakeholder participation can improve institutional readiness for communal IP protection while providing an operational basis for strengthening preventive legal protection. The program also highlights the importance of developing regional regulations or a sui generis legal framework to ensure legal certainty, equitable benefit-sharing, and the sustainable preservation of Traditional Cultural Expressions in North Sulawesi. This aligns with Sustainable Development Goals (SDGs) 17: Partnerships for the Goals.
Mining Permits for Religion Organizations in Indonesia: Public Interest vs Islamic Ethics Muh. Yunus; Zulkifli Aspan; Resi Resi; Maskun Maskun; Rasyida Usman; Azlan Thamrin
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.32999

Abstract

This study critically examines the Indonesian government's policy of granting mining permits to religious organizations, which has given rise to various interpretations and ethical polemics because it is not in line with Law Law Number 3 of 2020 concerning Mineral and Coal Mining (Minerba Law) and Government Regulation Number 25 of 2024 concerning the Implementation of Mineral and Coal Mining Business Activities. This research focuses on analyzing this legal disharmony while evaluating the ethical implications through the perspective of Islamic environmental ethics. With a community service approach based on juridical and conceptual analysis, this study links the theory of law enforcement with Islamic ethical principles, including fiqh al-bi'ah, maqāṣid al-sharī'ah, and the concept of amanah. The results of the study show regulatory inconsistencies and ethical weaknesses in policies that place religious organizations as political-economic actors, thereby potentially weakening their moral authority, neglecting ecological sustainability, and disregarding justice and the public interest. The recommendation that can be offered is the need for policy reform that affirms the role of religious organizations not as economic actors in mining, but as moral and ethical guardians in the management of natural resources. This reform needs to be realized through multi-stakeholder participation, the strengthening of legal instruments that are in line with religious values and environmental ethics, and oversight mechanisms that ensure that mining management is truly directed towards public welfare and ecological sustainability.
Regional Government According to the 1945 Constitution: Ideas Refinements and Law Reform Muhammad Mutawalli Mukhlis; Maskun Maskun; Muhammad Saleh Tajuddin; Zulhilmi Paidi
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.3125

Abstract

The concrete division of authority for government affairs between the center and the regions is still a matter of debate to this day, even though in principle the principle of broadest autonomy requires regional governments to carry out government affairs independently and freely. The principle of broadest autonomy in question is the independence of regional heads' powers. This research discusses things that hinder the role of regional governments in administering government according to the principle of broad autonomy and provides ideas for government models that are in accordance with the principles of concrete and pure autonomy in accordance with the mandate of the Indonesian constitution. This research aims to establish a regional government system that regulates the implementation of autonomous government in accordance with the principle of the widest possible autonomy as mandated by article 18 of the 1945 Constitution. This research is qualitative research, which is a normative legal study using a statutory, conceptual approach. and doctrinal. The material collection technique is through literature review, then the material is processed and analyzed in depth and presented in a descriptive analytical prescriptive manner. The results of this research found that there is a need for comprehensive management of regional affairs by regional heads as an embodiment of the principle of broadest autonomy.
Restoration of Central Power or Betrayal of Regional Autonomy? Analysis of the Impact of Recentralization of Mining Authority in the Era of Limited Autonomy Syamsul Rijal; Aminuddin Ilmar; Maskun Maskun; Nurul Hidayat Ab Rahman
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.14466

Abstract

This study analyzes the impact of re-centralizing mining authority on regional autonomy in Indonesia, focusing on legislative changes from Law No. 22/1999 to the Omnibus Law (Law No. 6/2023). The shift from decentralized to centralized control, accelerated by Law No. 3/2020, transfers authority from districts to provinces, aiming to improve national resource management efficiency. However, the findings reveal critical risks, including weakened environmental oversight, restricted public participation, and reduced local revenues from mining operations. While centralization may streamline governance, it poses significant challenges for regional governments in managing resources independently, impacting local welfare and sustainable development. This research offers novel insights into the tension between national efficiency and regional autonomy, emphasizing the urgency of re-evaluating policies to balance these interests. The study contributes to the broader discourse on governance by providing policy recommendations for achieving sustainable resource management within a decentralized framework.
Co-Authors Ahmad Masum Ahmad Masum Aminuddin Ilmar Azlan Thamrin Budiyanto Budiyanto Muh. Yunus Muhammad Mutawalli Mukhlis Muhammad Mutawalli Mukhlis Muhammad Mutawalli Mukhlis Muhammad Saleh Tajuddin Muhammad Saleh Tajuddin Naswar Naswar Nurul Hidayat Ab Rahman Rasyida Usman Resi Resi Syamsul Rijal Wa Ode Intan Kurniawati Yusuf Ibrahim Arowosaiye Zulhilmi Paidi Zulkifli Aspan