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All Journal Trunojoyo Law Review Journal of Indonesian Constitutional Law
Ni'am, Moh. Widadun
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementing Village Head Election in Madura: Balancing Democratization with Traditional Violence Ni'am, Moh. Widadun; Milasari, Milasari; Reni Prasetia Nurmawati
Journal of Indonesian Constitutional Law Vol. 2 No. 1 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i1.41

Abstract

The Village Head Election (Pilkades) in Madura represents an intriguing political phenomenon, where the democratization process occurs within a strong local tradition. Although the Pilkades reflect the political participation of local communities in selecting their leaders, the reality on the ground indicates that this process is often marred by violence perpetrated by Blater.  This study aims to examine the Pilkades in Madura by highlighting aspects of democratization and the factors that provoke conflict and violence at each election stage. The study found that intense political rivalry, kinship fanaticism, and local culture are the primary catalysts for violence during the Pilkades. Conversely, more effective law enforcement efforts and conflict resolution mechanisms are essential for balancing local democracy and social stability. Using a normative legal research, this article enhances the understanding of the relationship between democratization and the culture of violence in the Pilkades in Madura. This research contributes to efforts to redesign the regulation of Pilkades in Madura by emphasising the prevention of violence in its implementation.
Questioning Security Guarantees After the Return of the Former Shia Community: Islam and Human Rights Law Analysis Abdullah, Saiful; Al Maashani, Mahmood Ali Suhail; Amancik, Amancik; Sumantri, Bambang; Ni'am, Moh. Widadun
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.v8i2.28300

Abstract

This study aims to examine the mechanisms and systems for restoring the right to security for former Shia adherents who have returned to their hometowns in Sampang Regency. The government must ensure the fulfillment of this right to security in accordance with its commitment to guarantee that there is no harassment or exclusion of former Shia adherents after their return. This study contributes to advancing knowledge and mechanisms for resolving Sunni-Shia conflicts, with a focus on restoring the right to security and equality. This study employs an empirical legal research method with a socio-legal research approach. The study’s findings reveal that disturbances persist, affecting the fulfillment of the right to security following the return of former Shia adherents. Such disturbances include ongoing threats of murder against former Shia adherents if they revert to their former sect. Additionally, strict surveillance by law enforcement officials and the community toward former Shia adherents—whether during religious rituals or their interactions with the general public—results in their freedom to socialize with the community and practice their faith appearing restricted, which has a psychological impact on them. Certainly, these restrictions conflict with the guarantee of religious freedom enshrined in Indonesian national law, Islamic law, and international human rights instruments. This study concludes that the government’s enforcement of the right to security has not yet been fulfilled in the post-conflict Sunni-Shia reconciliation process, and recommends further government policies to ensure the fulfillment of the right to security and the absence of excessive surveillance of former Shia adherents’ activities, particularly religious practices.
Co-Authors Abdullah, Saiful Al Maashani, Mahmood Ali Suhail Amancik Amancik Bambang Sumantri Milasari Milasari Reni Prasetia Nurmawati