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Forgiving and forgetting: Family Conflict Resolution through Customary Law among the Tolaki People of Southeast Sulawesi, Indonesia Erens Elvianus Koodoh; Idaman Idaman; Danial Danial
Journal of Law, Social Science and Management Vol. 1 No. 1 (2024): July - December
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

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Introduction: Southeast Sulawesi's Tolaki people have a system of customary law that is infused with local knowledge and values. In addition to governing day-to-day activities, Tolaki customary law offers advice on how to settle disputes, particularly those inside the family. In reality, Tolaki customary law places a strong emphasis on the idea of forgetting and forgiving as the primary method of resolving disputes. The phrase "Mo’ambongi ronga Monggolupe," which translates to "forgive and forget," reflects this idea. This approach is the foundation of conflict resolution, promoting peace and reconciliation amongst warring family members. Objectives: The purpose of this study is to investigate how Tolaki customary law's concept of "forgiving and forgetting" might be applied to family disputes and how it affects social relationships within the Tolaki community. Method: This study is qualitative in nature. Documentation and in-depth interviews are among the data used. Qualitative data analysis was then used to examine the findings from the primary source, which are in-depth interviews. Result: The study's findings indicate that there are two types of family conflict (sisala'a) among the Tolaki people in Konawe Regency: open conflict and closed conflict. Fights between siblings and cousins are common examples of open confrontations. The extended family is involved in this situation. If left unaddressed, open arguments like these might turn into fights or more serious conflicts like disputes between villages. When a dispute is closed, there is a disruption in contact, which shows up as a lack of pleasantries and greetings. Conclusion: Local government, religious leaders, and traditional leaders all play a role in resolving family disputes among the Tolaki people. Kalo is the mechanism by which this issue is resolved. Keywords: Family Conflict; Customary Law; Tolaki People; Indonesia
SWOT Analysis of Kendari Mayor’s Regulation Number 2 of 2023 on the Prevention and Control of Drug Abuse Ramadhan Tosepu; Idaman Idaman; Danial Danial; Guswan Hakim; Fitrah Asfian
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

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Background: The abuse of narcotics, psychotropics, and other addictive substances (drugs) is a global problem that threatens public health and hinders socio-economic development. In Kendari City, the increasing misuse of drugs has prompted the issuance of Regional Regulation Number 2 of 2023 concerning the Facilitation of Prevention and Control of Drug Abuse and the Illicit Distribution of Narcotics. Objective: This study analyzes the implementation of Regional Regulation Number 2 of 2023 using SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis to evaluate the effectiveness of the policy and provide recommendations for improvement. Method: This study uses a descriptive qualitative method with a literature review approach. Data were obtained from regional regulatory documents and supporting literature. SWOT analysis was used to evaluate internal and external factors influencing policy implementation. Results: This regional regulation has strengths in the form of comprehensive rules, multi-stakeholder involvement, and clear funding through the Regional Budget (APBD). Its weaknesses include limited rehabilitation facilities, a lack of professional personnel, and challenges in inter-agency coordination. The opportunities lie in the potential for collaboration with the private sector and support from national programs. The threats faced include the increasing circulation of drugs, challenges in law enforcement, and social stigma toward addicts. Conclusion: Regional Regulation Number 2 of 2023 is a strategic step in the prevention and control of drug abuse in Kendari City. Its success requires strengthening facility capacity, improving inter-agency coordination, and promoting sustainable education. By integrating strengths and opportunities while addressing weaknesses and threats, this regulation has the potential to create a safe and drug-free environment.  Keywords: Narcotics; Psychotropics; Addictive Substances; Narcotics Precursors; SWOT Analysis
Analysis Toward the Role of Panca Bhuana Tunggal Bhakti in the Resolution of Interreligious Marriages in the Bali Community In Konawe District, Indonesia Muhamad Fandi; Jabalnur; Idaman idaman
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

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Background: Marriage is generally a straightforward matter when both individuals share the same religion. However, it becomes complex when couples belong to different faiths. In such cases, religious and customary differences may hinder marriage procedures and necessitate prolonged resolution involving religious and traditional leaders. Objective: This study aims to analyze the role of the Panca Bhuana Tunggal Bhakti Customary Institution in resolving interfaith marriages within the Balinese community in Konawe Regency. Method: This empirical legal research employs legislative, case-based, conceptual, and historical approaches to examine legal and customary practices related to interfaith marriage. Results: In Hinduism, marriage (wiwaha) is considered sacred and permissible only between individuals of the same faith. Article 2(1) of Law No. 1 of 1974 affirms that marriage is valid only if conducted according to religious norms. The Sudhiwadani ceremony serves to facilitate religious conversion for non-Hindu partners, thereby legitimizing the marriage both religiously and legally. The Panca Bhuana Tunggal Bhakti Institution plays a crucial role in maintaining social harmony by organizing and legitimizing the Sudhiwadani ritual, thereby ensuring the legal and spiritual validity of interfaith marriages. Conclusion: The Sudhiwadani ceremony, rooted in the concept of Atmanastuti, highlights spiritual awareness, self-contentment, and legal deliberation in Hinduism. This ritual fosters harmonious family life and upholds tolerance, while also providing legal certainty and social recognition for interfaith marriages. Keywords: Customary Institution, Panca Bhuana Tunggal Bhakti, Interfaith Marriage, Sudhiwadani, Hindu Law
Natural Disaster, Local Knowledge, and Local Policy in a Small City in Southeast Sulawesi, Indonesia Idaman Idaman; Handrawan Handrawan; Indra Rahayu Setiawati; Irwansyah; Nisa Nasyra Rezki
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

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Background: Konawe Selatan is one of the regions with a high intensity of natural disasters in Southeast Sulawesi. From time to time, natural disasters in Konawe Selatan seem to have become a "daily routine" for the community. The local knowledge system and regional government policies need to be continuously promoted so that they can become a model for disaster management in this area. Objective: This paper explores the significance of integrating local knowledge with local governmental policies in natural disaster management in a small city di SE Sulawesi Indonesia. It examines case studies where such integration has proven successful, highlights the challenges faced in aligning traditional wisdom with modern governance structures, and suggests strategies for effective collaboration Method: The method used in this research is descriptive qualitative, utilizing data from surveys and interviews. Surveys were conducted in several coastal areas of Konawe Selatan that are often affected by natural disasters. Interviews were conducted with several informants to explore a disaster management model based on local wisdom. Result: Research results show that local communities in coastal areas have utilized local wisdom in facing natural disasters, including the ability to read natural signs. When a natural disaster is about to occur. Local wisdom in disaster management needs to be supported by the local government, especially in collaboration with the regional disaster management agency to formulate various policies and practices for managing natural disasters in disaster-affected areas. Discussion: The coastal areas in South Konawe, which are largely inhabited by the Tolaki, Bugis, and Bajo communities, have long had experience dealing with natural disasters. This experience has enabled them to survive until now. Various traditions or local wisdom are used as efforts to anticipate natural disasters, such as the ritual of tolak bala, mosehe, and the ability to read natural signs. Conclusion: The local knowledge system related to natural disasters has proven to be resilient until now and has become one of the effective means for handling natural disasters. At this point, the local government policy of Konawe Selatan needs to adapt this local wisdom. So far, there have been several regulations issued by the local government of Konawe Selatan in managing natural disasters. And it seems to have been quite effective in reducing the number of casualties and property damage. Keywords: Local Knowledge, Local Government, Coastal Areas, Natural Disaster
The Ideal Concept of Fair Law Formation in Indonesia: The Application of Pancasila Values as a Philosophical Foundation at Every Stage of Law Formation Risman Setiawan; Haris Yusuf; Idaman Idaman
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

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Background: Within the hierarchy of legislation, laws, as one sort of legislation, have a critical position and carry a great deal of responsibility. The intellectual underpinning that integrates Pancasila ideals as the legal ideal and the manifestation of justice is one of the key pillars upon which laws are formed. Objective: This research aims to find the ideal concept of fair law-making. Method: This research is a normative legal study, which is a legal study conducted by examining library materials using existing literature as the object of study, including books, journals, and regulations related to the discussion of the problem, making this writing also a library research. Result: It is imperative that the principles of Pancasila be implemented throughout the entire legislative process, including the stages of academic, political, and legal text creation. As a philosophical underpinning, Pancasila ideals must be consistently applied throughout all of these stages. Conclusion: The ideal concept of law formation is necessary to create fair laws, and this ideal concept is to continually use Pancasila values as a philosophical foundation that incorporates the value of justice at every step of law production. These phases comprise the development of the legal, political, and academic manuscripts. Keywords: Legislation; Philosophical Foundation; Pancasila
Oral Agreements in the Agricultural Profit-Sharing System in East Kolaka, Indonesia Andi Rizal Kadir; Sukring Sukring; Idaman idaman
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

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Background: The profit-sharing agreements that occur in Atolanu Village, East Kolaka are generally made verbally among community members. The profit-sharing system practiced by the people of Atolanu village is fundamentally based on mutual agreement according to local customs. In making profit-sharing agreements, the people of Atolanu village always do so verbally, which has the potential to cause injustice and legal uncertainty in the agreements. Objective: First, to analyse the profit-sharing concept based on mudharabah in Islamic economic law. Second, analyse the legal consequences of agreements without using the mudharabah system in Atolanu Village, Lambandia District, East Kolaka Regency. Method: the method used in this research is empirical research. A method that seeks to observe the law in its real sense or can be said to observe, examine how the law works in society, which is then approached with a qualitative research method. the approach used in this research is the statute approach, the conceptual approach. Results: the profit-sharing system in agriculture practiced The community of Atolanu village, Lambandia District, East Kolaka, still follows the old tradition-based regulations, known as 'teseng'. This oral agreement is based on the trust of both parties. Conclusion: The legal consequences of agreements made verbally or not written in the form of letters or deeds in Atolanu Village, Lambandia District, East Kolaka Regency, can pose significant legal risks, including weak evidence and proof, as well as unclear terms regarding deadlines and agreed percentages. This can result in difficulties in enforcing the rights and obligations of the parties involved in the agreement. Keywords: Teseng, Mudharabah, Oral Agreement, Legal Consequences, Sharia Economic Law
Transformation of Religious Practice in the Digital Age: A Study of Virtual Ethnography of Online Spiritual Communities Faza Achsan Baihaqi; Idaman idaman; Moh Safrudin
Journal of Law, Social Science and Management Vol. 2 No. 2 (2025): July - December
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v2i2.1484

Abstract

Background: The development of digital technology has brought significant changes across various aspects of life, including religious practices. The digital space has evolved not only as a medium of communication but also as a new spiritual arena, enabling individuals to perform and experience religious activities virtually. Objectives: This study aims to identify the forms of transformation in religious practices in the digital era and to understand the meaning of spiritual experiences within online religious communities. Methods: This research employs a qualitative approach using virtual ethnography. Data were collected through in-depth interviews with three active informants who participate in online spiritual communities via platforms such as YouTube, TikTok, and WhatsApp. Thematic analysis was conducted using an interview quote matrix. Results: The transformation of religious practices occurs across several dimensions, including initiation into digital communities, changes in forms of religious practice, shifts in religious perspectives, and the deepening of spiritual meaning. Furthermore, the study found that although interactions and solidarity within digital communities are limited, they are perceived as meaningful. The informants encountered technical challenges, while also recognizing opportunities such as easier access to spiritual resources and personal spiritual empowerment. Conclusion: Digital spiritual communities offer a new space for individuals to access and interpret religion in a flexible, participatory, and reflective manner. This phenomenon marks a significant shift in religious practice in the era of information technology.