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All Journal Masalah-Masalah Hukum DE JURE Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Jurnal Hukum Novelty El-Mashlahah Lex Scientia Law Review
Garunja, Evis
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Bhag-Rembhag Sabhala’an as a Method of Resolving Religious Conflicts in the Madura Legal Tradition Safi', Safi'; Aidonojie, Paul Atagamen; Jufri, Muwaffiq; Garunja, Evis
El-Mashlahah Vol 14 No 1 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i1.7819

Abstract

Religion-based conflicts often occur in various regions, including Madura. However, there is an interesting conflict resolution, namely through the bhag-rembhag sabhala'an tradition. This research aims to determine the mechanism for resolving religious-based conflicts based on local wisdom through bhag-rembhag sabhala'an which is practiced in Madura. This research uses empirical legal research methods with socio-legal and anthropo-legal approaches, which result in the discussion that: First, the resolution of religious conflicts in the context of national law only focuses on efforts to give verdicts of heresy and guilt to parties who, by the religious majority community, are considered contrary to the understanding of the majority of religious believers, not on efforts to open dialogue and find ways of peace between conflicting communities. Second, the resolution of religious conflicts with the bhag-rembhag sabhala'an emphasises efforts to open dialogue between conflicting adherents by utilising local village figures to find a peaceful way and find a variety of similarities amid striking differences caused by the outbreak of religious conflict. Bhag-rembhag Sabhala'an has long been practised in Madura in the event of differences in understanding and religious conflicts, where humanist and peaceful approaches are preferred over violent ways of resolving conflicts. The real contribution of this research is that the mechanism for resolving religious conflicts based on local wisdom can be the primary choice for parties in resolving religious conflicts. This method prioritises peaceful solutions and respect for religious differences.
Rejection of Former Shia Community in Sampang Perspective on Human Rights Law: Discourse of Religious Rights and Freedom in Indonesia Mukhlis, Mukhlis; Jackson-Ortiz, Raphael D.; Jufri, Muwaffiq; Garunja, Evis; Aidonojie, Paul Atagamen
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.72156

Abstract

Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Sampang District, even though they have pledged repentance to return to Sunni teachings on November 5, 2020. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? And second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research utilizes empirical legal research methods combined with sociological and anthropological approaches. The research results concluded: First, the existence of former Shia adherents as refugees should be treated as a violation of the constitutional mandate of Indonesia which forbids acts of violence and violations of religious rights and freedoms, of all Indonesian citizens. Second that they were accused of embracing a deviant religious sect, is evidence to their religious minority status; and third the expulsion of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.
The Legal Culture to Prevent Radical Islamism by a Pesantren in Madura Mukhlis, Mukhlis; Jufri, Muwaffiq; Arowosaiye, Yusuf Ibrahim; Garunja, Evis; Boemiya, Helmy
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26216

Abstract

This study examines the strategies implemented by several pesantrens (Islamic boarding schools) in Madura to curb the proliferation of radical Islam. It aims to uncover the various approaches these Islamic boarding schools employ to combat the rise of radical Islam, which has recently gained traction in the region. Utilising empirical legal research methodologies with socio-legal and anthropo-legal frameworks, the study reveals that pesantrens are proactive in teaching students—the Santri—to reject religious radicalism. Furthermore, these institutions foster religious communities, such as koloman, kamrat, and Majelis Shalawat, which have been effective in resisting radical influences in Madura. The success of these pesantrens can be attributed to their pivotal role in enhancing legal awareness among the community, steering them away from radical ideologies. This strategic influence is anchored in their capacity to modify legal behaviours through organisational structure, social control, and cultural integration. The findings affirm the critical role of pesantrens in promoting a secure, peaceful, and religiously tolerant Indonesia, highlighting their tangible contributions to national stability.
TRANSFORMING LEGAL PROCEEDINGS IN INDONESIA’S ADMINISTRATIVE COURT: THE ROLE OF LEGAL CULTURE IN THE SOCIETY 5.0 ERA Lumbanraja, Brata Yoga; Utama, Yos Johan; Putrijanti, Aju; Garunja, Evis
Masalah-Masalah Hukum Vol 54, No 1 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.1.2025.69-79

Abstract

This study explores the integration of technology in Indonesia’s Administrative Court system, particularly the impact of electronic justice (e-court) in the Society 5.0 era. With advancements in technology reshaping societal functions, the study examines how these changes have influenced legal proceedings within the Administrative Court. The research focuses on the implementation of Supreme Court Regulation No. 1 of 2019, which governs e-court proceedings, and how these technological advancements align with Indonesia’s legal culture and the values of Pancasila, particularly social justice. It highlights fundamental shifts, such as the introduction of electronic summons, electronic domicile, and online hearings, as part of the modernization of judicial processes. Through qualitative research and doctrinal legal analysis, this study emphasizes the significance of legal culture in ensuring the smooth transition to digital procedures and fostering public awareness of citizens’ rights and obligations. The findings suggest that while technological progress in the court system brings efficiency, the successful adoption of these changes requires legal culture to promote public understanding and participation, ultimately supporting the realization of social justice as outlined by Pancasila.
Ensuring Construction Workers Legal Protection: A Legal Analysis of Construction Competency Certificates under the Law on Personal Data Protection and Blockchain Frameworks Afrilies, Marlia Hafny; Lina, Angie Angel; Theresia, Maria; Simanjuntak, Efendi; Naili, Yuris Tri; Garunja, Evis; Mohd Aboobaider, Burhanuddin bin
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 16, No 4: October - Desember 2023
Publisher : LPPM Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v16i4.23948

Abstract

National development towards Indonesia 2045 is massively carried out, based on the Coordinating Minister for Economic Affairs Regulation Number 21 of 2022 that Indonesia has 210 development projects and 12 programs, in December 2022 a total of 152 projects have been implemented and are fully operational. Realizing national development, Construction Service Business Entities require Construction Workers to certify so that the quality and qualifications of the workforce can be recognized and professional accountability is formally clear. However, the security of the professional certificate of construction services is not guaranteed. The research uses normative juridical methods by examining all regulations related to the issues discussed. Determining the qualifications of construction service business entities that are assessed, one of which is the availability of construction labor. The procedures and flow of procedures for implementing construction work competency certificates are regulated in the Regulation of the Minister of Public Works and Public Housing Number 8 of 2022 concerning Procedures for Implementing the Fulfillment of Construction Service Standard Certificates in order to support the ease of business licensing for construction service business actors. Repressive efforts in cybercrime are guaranteed by Law No. 27 of 2022 on Personal Data Protection. To prevent cybercrime in the LPJK data storage system, it can cooperate with the Ministry of Communication and Information Technology regarding the policy of using Blockchain.
Protection of patient data privacy on IoT devices for healthcare in the era of smart cities: a health law perspective Naili, Yuris Tri; Afrilies, Marlia Hafny; Garunja, Evis; Purwono, Purwono
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28457

Abstract

Introduction to the Problem: The Internet of Things (IoT) has enabled the use of medical devices in the healthcare sector while presenting challenges in regard to the security and privacy of patients’ medical data. This article conducts a systematic literature review to evaluate the existing regulations related to the security and privacy of the patient’s medical data in real-time data collection through IoT in the context of a Smart City.Purpose/Study Objectives: This study aims to identify gaps in the existing regulations, analyze the implementation of these regulations in practice, and evaluate the impact of IoT technology on the privacy and security rights of patients’ medical information in the healthcare sector.Design/Methodology/Approach: The research employed a systematic literature review, by analyzing relevant articles, legal documents, and regulations. Data were examined from a case study of the implementation of IoT devices for healthcare in Smart Cities as well as interviews with legal experts in the field of healthcare services.Findings: The existence of the Electronic Information and Transaction Law, Personal Data Protection Law, and the latest Health Law provides the initial regulatory foundation for ensuring the security of personal data in the integrated governance of Smart Cities, especially in telemedicine services. Implementing regulations for these laws are necessary to technically accommodate the needs for the security of the patients’ data, ensuring that there is no imbalance between the provisions of the laws that are enacted and their implementation in the community.Paper Type: Research Article
Co-Authors Afrilies, Marlia Hafny Aidonojie, Paul Atagamen Aju Putrijanti Helmy Boemiya Jackson-Ortiz, Raphael D. Lina, Angie Angel Lumbanraja, Brata Yoga Mohd Aboobaider, Burhanuddin bin Mukhlis Mukhlis Muwaffiq Jufri, Muwaffiq Purwono Purwono, Purwono Safi', Safi' Simanjuntak, Efendi Theresia, Maria Yos Johan Utama Yuris Tri Naili Yusuf Ibrahim Arowosaiye