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Pluralisme Hukum dan Legitimasi Kultural: Menata Ulang Hukum Adat Sasak untuk Mencegah Perkawinan Anak di Lombok Muhammad Suhardi
Society Vol 13 No 1 (2025): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v13i1.818

Child marriage remains a deeply rooted socio-cultural issue in Lombok, West Nusa Tenggara, where traditional customs, religious authority, and economic hardship intersect. This study investigates how Sasak customary law (awiq-awiq) and the roles of local religious figures, Kyai and Tuan Guru, contribute to both the persistence and potential transformation of early marriage practices. Using a qualitative approach involving interviews, participant observation, and document analysis across three regencies, Central Lombok, West Lombok, and East Lombok, the research finds that cultural traditions such as merarik kodeq (a customary elopement practice) are still widely accepted as mechanisms to preserve family honor and reduce economic burden. Although national legal frameworks, specifically Law No. 16 of 2019 on Marriage and West Nusa Tenggara Regional Regulation No. 5 of 2021 on the Prevention of Child Marriage, set a minimum legal age of 19, implementation remains weak due to widespread use of religious court dispensations and cultural resistance. Findings show that while some customary and religious leaders continue to legitimize child marriage, an increasing number have begun to reinterpret awiq-awiq in line with contemporary health, educational, and religious considerations. Village-level forums (musyawarah desa) are emerging as strategic spaces for negotiating alignment between formal legal norms and local wisdom. This study develops a culturally embedded integration model that emphasizes participatory governance, moral legitimacy, and the co-production of legal norms. It offers empirical insight into the resilience of early marriage in culturally entrenched settings. It contributes a conceptual model for rethinking legal pluralism as a framework for reform through collaboration, not confrontation. These findings expand current scholarship by repositioning customary and religious authority as key agents in adaptive and community-driven legal transformation.

Penggunaan Big Data dan Machine Learning dalam Perumusan Kebijakan Publik: Tinjauan terhadap Prinsip Partisipasi Warga Negara Erfan Wahyudi; Muhammad Suhardi; Wiredarme
Jurnal Perlindungan Masyarakat: Bestuur Praesidium Vol. 3 No. 1 (2026): Maret 2026
Publisher : IPDN Kampus NTB

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This study aims to analyze the use of big data and machine learning in public policy formulation by positioning citizen participation as a foundation of democratic legitimacy. The study responds to the growing assumption that data-driven policy is more objective, efficient, and rational, while it may also narrow public participation when governmental decisions rely excessively on digital data and algorithmic recommendations. This research employs a qualitative method with a normative-conceptual approach and library research. The data sources consist of legal materials, policy documents, and academic literature related to big data, machine learning, public policy, digital government, algorithmic governance, and citizen participation. The analysis is conducted through qualitative content analysis and normative interpretation to assess the relationship between analytical technology and participatory principles within the public policy cycle. The findings show that big data and machine learning can strengthen problem identification, agenda setting, policy formulation, implementation, and policy evaluation. However, these technologies also create risks of technocratic policymaking, data bias, underrepresentation of vulnerable groups, weak accountability, and the reduction of citizen participation into mere digital data. This study argues that data-driven policy must preserve public consultation, data correction, citizen objection, decision explanation, and public deliberation. The contribution of this study lies in framing citizen participation as a normative limit on the use of big data and machine learning in public policy formulation.

Konstitusionalisme Lingkungan dalam Kebijakan Pembangunan Ibu Kota Nusantara Muhammad Suhardi
Jurnal Perlindungan Masyarakat: Bestuur Praesidium Vol. 2 No. 1 (2025): Maret 2025
Publisher : IPDN Kampus NTB

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This study aims to analyze the development of Indonesia’s Nusantara Capital City from the perspective of environmental constitutionalism by positioning the right to a good and healthy environment as the main standard of assessment. The study responds to the problem that IKN is framed as a green city, forest city, and low-carbon development project, while it may still generate ecological risks, spatial transformation, pressure on natural resources, and injustice for local communities and future generations. This research employs a qualitative method with a normative juridical approach. The analysis uses statutory, conceptual, and policy case-study approaches to examine the development of IKN. The data sources consist of primary legal materials, secondary legal materials, policy documents, and relevant academic literature. The findings show that the formal legality of IKN development is not sufficient to ensure its conformity with environmental constitutional principles. IKN development must be assessed through ecological legality, the precautionary principle, meaningful public participation, protection of local communities, intergenerational justice, and ecological accountability. The contribution of this study lies in proposing green constitutionalism as an evaluative framework for IKN development, so that the vision of a green capital city does not remain a policy narrative but becomes a constitutional obligation that can be legally and publicly tested.

Kedaulatan Rakyat dalam Pemilihan Kepala Daerah Asimetris: Studi Konstitusional terhadap Daerah Khusus, Daerah Istimewa, dan Otorita IKN Luh Putu Vera Astri Pujayanti; Muhammad Suhardi
Jurnal Perlindungan Masyarakat: Bestuur Praesidium Vol. 2 No. 1 (2025): Maret 2025
Publisher : IPDN Kampus NTB

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This study aims to analyze the construction of popular sovereignty in asymmetric regional head selection and to compare local democracy models in the Special Region of Yogyakarta, Special Region of Jakarta, Aceh, Papua, and the Nusantara Capital Authority. This research uses a qualitative method with normative juridical research. The approaches applied include statutory, conceptual, comparative, and normative case approaches. The data consist of primary, secondary, and tertiary legal materials collected through library research. The analysis is conducted qualitatively and prescriptively through legal interpretation and legal reasoning. The findings show that popular sovereignty in asymmetric local government is not always expressed through direct elections. Yogyakarta represents a historical-cultural privilege model through the appointment of the governor and vice governor. Jakarta maintains direct elections at the provincial level but limits direct elections at the city and regency administrative levels. Aceh reflects a special autonomy model based on political reconciliation and local political parties. Papua demonstrates a special autonomy model based on the cultural representation of Indigenous Papuans. The Nusantara Capital Authority represents the most problematic model because its head is appointed by the President. This study proposes constitutional parameters for assessing asymmetric local democracy, namely constitutional legitimacy, meaningful public participation, citizen representation, accountability of local government leaders, and protection of the substance of local democracy. The findings affirm that regional asymmetry may be constitutionally justified as long as it does not eliminate public control over local governance.

Algorithmic Rule Of Law In Local Government: Administrative Law Challenges In Automated Public Decision-Making In Indonesia Muhammad Suhardi; Abdul Wahab
Journal of Governance Volume 11 Issue 2: (2026)
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62870/jog.v11i2.39854

This study examines the administrative law challenges arising from the use of automated public decision-making in local government in Indonesia and proposes an algorithmic rule of law framework as a normative basis for its regulation. The study employs normative legal research using statutory, conceptual, and comparative approaches. The legal materials analyzed include Indonesian laws and regulations concerning governmental administration, electronic-based government systems, personal data protection, and artificial intelligence policy, as well as selected European Union instruments as comparative references. The findings show that Indonesian law has provided a general foundation for digital government, but it has not yet specifically regulated the status, limits, and accountability of algorithmic systems in administrative decisions that affect citizens’ rights and interests. The main legal problems include the unclear boundary of algorithmic legality in public decision-making, the absence of a specific due process framework for automated decisions, the lack of integration between personal data protection and algorithmic accountability, and the risks posed by black-boxing and unequal digital capacity across local governments. In response, this study offers a reconstruction of the algorithmic rule of law framework, which includes a clear legal basis of authority, risk classification, meaningful human oversight, intelligible reasoning, audit trails, administrative remedies, and external supervision. These findings underline that local government digital transformation must remain firmly grounded in the rule of law, accountability, and administrative justice

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