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p-Index From 2021 - 2026
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All Journal International Journal of Humanities Education and Social Sciences Trunojoyo Law Review
Moh Fadli
Brawijaya University
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KONSTRUKSI HUKUM PEMBIAYAAN INFRASTRUKTUR BERBASIS KERJASAMA PEMERINTAH BADAN USAHA (KPBU) UNTUK MEWUJUDKAN KETAHANAN NASIONAL M. Rifqinizamy Karsayuda; Moh Fadli; Moh Khusaini; Adi Kusumaningrum
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 1 (2023): IJHESS AUGUST 2023
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i1.563

Abstract

Indonesia requires substantial infrastructure investments. The government can only provide less than half of the total funding required for strategic infrastructure investments from 2019 to 2024. Therefore, the government needs to explore alternative funding sources to meet its infrastructure needs. Public-Private Partnership (PPP) through the Government Business Entity (KPBU) presents itself as an alternative infrastructure financing solution that involves collaboration between the government and the private sector. Through the legal construction method using qualitative analysis techniques, the research found that the alternative approach to infrastructure financing through state-owned PPP is a public-private partnership with non-conventional financing instruments. This approach accelerates infrastructure development, increases resource efficiency, and requires strong regulation and supervision. The government needs to oversee the use of public funds, selection of private partners, and risk control in PPP projects. Improved transparency, coordination, and capacity of the government and private partners are key to the success of such projects.
Strengthening Dispute Resolution Autonomy Through Acehnese Customary Institutions: Living Law and Maqāṣid al-Sharī‘ah Perspectives Siti Rohmah; Moh Fadli; Ngesti Dwi Prasetyo; Airin Liemanto; Zainal Arifien
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August (On Progress)
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.33387

Abstract

This study examines the urgency of strengthening the autonomy of legal dispute resolution through customary institutions in Aceh by engaging Eugen Ehrlich’s Living Law theory and Jasser Auda’s maqāṣid al-sharī‘ah framework. Aceh’s distinctive juridical and sociocultural status positions customary institutions as key actors in maintaining social cohesion and delivering justice grounded in local wisdom. However, their role is often marginalized by state legal formalism, creating a gap between statutory law and lived legal realities. This research employs a qualitative juridical-sociological approach, using literature review and document analysis. It conceptualizes customary institutions as expressions of Living Law that operate in alignment with the objectives of Islamic law, particularly the protection of life, intellect, dignity, and property. Auda’s systemic and multidimensional conception of maqāṣid al-sharī‘ah provides an analytical lens to understand these institutions as adaptive and participatory legal mechanisms. The findings demonstrate that strengthening the autonomy of customary dispute resolution reflects legal pluralism and contributes to substantive justice rather than legal conservatism. This study offers a methodological contribution by integrating Living Law and maqāṣid al-sharī‘ah in rethinking national legal development. It recommends stronger juridical recognition and institutional empowerment of customary institutions within Indonesia’s legal system.
Co-Authors Adi Kusumaningrum Airin Liemanto M. Rifqinizamy Karsayuda Moh. Khusaini Ngesti Dwi Prasetyo Siti Rohmah Zainal Arifien