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All Journal Cepalo Journal of Law, Society, and Islamic Civilization
Leksono, Avivah Firisqi
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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INDIGENOUS COMMUNITY EMPOWERMENT POLICY FOR STRENGTHENING NATIONAL MARITIME DEFENSE Puri Maharani, Andina Elok; Leksono, Avivah Firisqi; Shinta Putri, Dyah Erie
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3645

Abstract

Community participation is mandatory as stipulated in Law Number 1 of 2014 which amends Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands. Challenges still occur in the implementation of this regulation, particularly regarding the suboptimal involvement of coastal Indigenous communities in managing their territories. This research examines how coastal Indigenous communities contribute to national maritime defense and how Government policies can empower them to enhance national defense. Utilizing a normative juridical approach, the research reviews and analyzes existing literature. The findings indicate that empowering coastal Indigenous communities plays a crucial role in preserving marine ecosystems, monitoring coastal areas, and identifying maritime threats, thereby strengthening national defense. Effective empowerment requires synergy between the central and regional Governments in policy formulation, ensuring community involvement. The novelty of this research lies in its proposal to formally integrate coastal Indigenous communities as a central element in national maritime defense, thus enhancing Indonesia’s maritime resilience.
Politik Hukum Pengadilan HAM Ad Hoc dalam Penegakan HAM di Indonesia Leksono, Avivah Firisqi; Fatimah, Siti; Alfarisi, Muhammad Adib
Journal of Law, Society, and Islamic Civilization Vol 13, No 2: Oktober 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i2.107662

Abstract

The Ad Hoc Human Rights Court was established under Law Number 26 of 2000 as a manifestation of the state’s responsibility to uphold justice for gross human rights violations in Indonesia. However, its effectiveness and judicial independence remain problematic due to the dominance of political interests. This study aims to analyze the legal politics of the Ad Hoc Human Rights Court through three dimensions: Ius Constitutum, Ius Operatum, and Ius Constituendum. The research employs a normative legal method with a juridical approach by examining positive legal norms, legal principles, and political dynamics that influence the court’s implementation. The findings reveal that in the Ius Constitutum dimension, the establishment mechanism requiring the approval of the House of Representatives (DPR) upon the President’s proposal opens room for political intervention and weakens judicial independence. In the Ius Operatum dimension, the court’s implementation shows low effectiveness due to weak evidentiary procedures, limited application of the command responsibility principle, and strong political interference. Meanwhile, the Ius Constituendum dimension highlights the need for legal and political reforms through regulatory revisions, institutional strengthening, and the creation of an independent mechanism to ensure substantive justice. Therefore, the legal politics of the Ad Hoc Human Rights Court remain elitist and symbolic, necessitating a reorientation to strengthen accountability, judicial independence, and the protection of victims’ rights in cases of gross human rights violations.
Taqlid Digital Dalam Fenomena Politik Identitas Berbasis Keagamaan Putri, Dyah Erie Shinta; Leksono, Avivah Firisqi
Journal of Law, Society, and Islamic Civilization Vol 13, No 1: April 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i1.98897

Abstract

Islamic law is always experiencing development as a necessity for change, one of the developments is taqlid. Entering the digital era, the concept of taqlid has undergone a major transformation, giving birth to the digital taqlid phenomenon. To read the phenomenon of digital taqlid in the Ahok case, a religious phenomenology analysis knife is used to see that a person's consciousness always leads to a certain meaning and can be known from a first-person perspective. This particular meaning is related to the symbol of religious blasphemy as a narrative. This research uses normative legal research with the type of library research. Data collection techniques using primary legal materials in the form of books and related journal articles. The data analysis method used is content analysis (content analysis). The results of the research state that taqlid is doing good deeds by following other people's words or opinions which have no proof value and not knowing the causes or arguments and proofs of the opinions one follows. In the context of digital taqlid, the phenomenon of Ahok's case can be called digital taqlid that extracts knowledge from the path of ignorance. People tend to immediately receive information directly without exploring the ins and outs. Therefore, at least someone understands something, at least someone is equipped with high literacy to read the reality of what is happening so that what they follow does not make them go astray or make a wrong move.
Co-Authors Alfarisi, Muhammad Adib Puri Maharani, Andina Elok Putri, Dyah Erie Shinta Shinta Putri, Dyah Erie Siti Fatimah