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All Journal Masalah-Masalah Hukum DE JURE El-Mashlahah Lex Scientia Law Review
Garunja, Evis
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Law, Crime, Criminology & Criminal Justice

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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.
Co-Authors Aidonojie, Paul Atagamen Aju Putrijanti Helmy Boemiya Jackson-Ortiz, Raphael D. Lumbanraja, Brata Yoga Mukhlis Mukhlis Muwaffiq Jufri, Muwaffiq Safi', Safi' Yos Johan Utama Yusuf Ibrahim Arowosaiye