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Trunojoyo Law Review
Published by Universitas Trunojoyo Madura
ISSN : 26861496     EISSN : 27152081     DOI : https://doi.org/10.21107/trl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Trunojoyo Law Review, published by Faculty of Law University of Trunojoyo, Madura. Its a biannual refereed journal concerned with the practice and processes of law and justice. It provides a forum for academics, practitioners and community representatives to explore issues and reflect on practices relating to the full range of engaged activity. This journal is a peer-reviewed online journal dedicated to the publication of high-quality research focused on research, implementation. The mission of Trunojoyo Law Reveiw is to serve as the premier peer-reviewed, interdisciplinary journal to advance theory and practice related to all forms of social science and humanities. This includes highlighting innovative endeavors; critically examining emerging issues, trends, challenges, and opportunities and reporting on studies of impact in the areas of law and justice. We proudly announce that Trunojoyo Law Reveiw has indexed by Google Scholar, Portal Garuda, Dimensions, etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol 7, No 2 (2025): August" : 9 Documents clear
Expanding the Authority of Muhtasib to Protect Consumers: A Comparison between Moroccan Law and Islamic Qanun of Aceh Ezzerouali, Souad
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29151

Abstract

The institution of Hisbah has historically played a fundamental role in organizing public life in Islamic societies through the principle of enjoining good and forbidding evil. This study examines the potential for integrating Hisbah into modern legal systems to strengthen social control, consumer protection, and environmental preservation. The research aims to clarify the legal and legitimate nature of Hisbah, explore its historical decline—particularly after the colonial era—and propose strategies for its rehabilitation. Using a historical, descriptive, and analytical approach, the study investigates the Moroccan legal framework governing Hisbah, assessing whether the Moroccan legislature has effectively integrated it into contemporary law. Additionally, the study compares Morocco's Hisbah system with the model in Aceh Province, Indonesia, where the institution has been successfully adapted to modern societal needs. The findings highlight the strengths and weaknesses of the Moroccan framework and suggest that legislative inflation may have hindered Hisbah’s effectiveness. Drawing lessons from Aceh, the study recommends revitalising Hisbah in Morocco, particularly in addressing contemporary challenges such as health, environmental protection, consumer rights, and traditional crafts.
The Application of the Principle of Prudence in the Issuance of Replacement Certificates: A Perspective on Adat and Positive Law Sianturi, Stefanus; Ramli, Asmarani
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29846

Abstract

This study aims to analyse the application of the principle of prudence in issuing replacement land certificates from both positive and customary law perspectives. It addresses the increasing land conflicts caused by duplicate certificates and administrative negligence in Indonesia’s land administration system. The research contributes a novel dual-legal approach by integrating statutory procedures and indigenous legal norms into a coherent framework to enhance legal certainty. Employing a normative juridical method, the study uses document analysis, statutory interpretation, and interviews with land officials. The primary data sources include Government Regulation No. 24 of 1997 and Decision No. 59/Pdt.G/2022/PN Unr. Findings reveal systemic weaknesses in verification procedures and a lack of institutional coordination, resulting in the fraudulent reissuance of certificates. Additionally, the neglect of adat-based verification undermines social legitimacy in customary regions. This research concludes that the current formal procedures are insufficient to prevent forgery and land conflicts. It recommends regulatory reform and the incorporation of community-based verification mechanisms as part of a precautionary legal standard. The study provides a critical foundation for integrating legal pluralism into national land governance.
The Role of Jurisprudence in Activating the Rules of Justice as a Source of Civil Law Zayer, Sattar Jabbar
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29310

Abstract

This article examines the concept of the rules of justice and their application within the Iraqi legal system, conducting a comparative analysis of other legal frameworks. The study utilizes doctrinal legal research to explore this issue based on primary and secondary sources, albeit with case laws of the Iraqi courts serving to occupy the research samples from which we have been inspired to ascertain the image of justice rules in the Iraqi milieu and the degree of commitment in assimilating the epistemology of justice in comparative legal systems. Judiciary can make law more realistic and living, its conclusions are further called for high-level ability of diligence, logic and facts-based induction to create a solution based upon the rules of justice in the realm of judicial jurisprudence, which operates in the current legal regime. Ultimately, this study provides crucial lessons regarding the changing cardiopulmonary role of the rules of justice through varying legal traditions and highlights the indispensable nature of judicial jurisprudence in upholding the principles of equality and justice.
Reconceptualisation of State Financial Losses to Prevent Misuse of Village Funds Muti'ah, Dewi; Habibullah, Abd. Wachid; Djunarto, Yusaq; Cahyono, Luthfi Basith Eko
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29856

Abstract

Village Funds are funds provided to villages that originate from central and local government financial allocations received by districts/cities. The numerous cases of misuse of village funds in Indonesia led to the implementation of Law No. 20 of 2001, amending Law No. 31 of 1999 on the Eradication of Corruption Offences. This serves as the basis for classifying financial losses to the state resulting from the misuse of funds as acts of corruption. All village heads who misuse village funds can be categorised as committing acts of corruption. In fact, not all misuse of village funds is for personal gain, but rather to improve the financial condition of the village, Village-Owned Enterprises (BUMDes), and so on. The purpose of this study is to identify the characteristics of village fund embezzlement that constitute criminal acts of corruption. This study contributes to the development of criminal law science, particularly in relation to the elements of village fund embezzlement that constitute criminal acts of corruption. The research method used is normative legal research with a conceptual approach. The conclusion drawn from this study is that not all cases of embezzlement of village funds involve elements of financial loss to the state. Therefore, not all are categorised as criminal acts of corruption. The recommendation from this study is for the government to formulate policies for managing village funds, particularly regarding elements of embezzlement that constitute criminal acts of corruption or financial loss to the state.
The Urgency of Codifying and Unifying Restorative Justice Regulations in Criminal Procedure Code Reform Izharti, Rakhmi; Magdalena, Erika; Ramadhani, Rully Herdita
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.30601

Abstract

The fragmentation of restorative justice regulations across Indonesia’s criminal justice institutions, including the police, prosecution, and judiciary, has resulted in procedural inconsistencies and undermined legal certainty for both victims and offenders. This study aims to examine the normative and institutional urgency of codifying and unifying restorative justice mechanisms within the reform of the Criminal Procedure Code (KUHAP), particularly in light of the restorative provisions introduced in the 2023 Code Penal (KUHP). Employing a normative juridical method, supported by limited empirical data from interviews with convicted persons, the research integrates statutory, comparative, and conceptual analyses to evaluate coherence between sectoral regulations and the integrated criminal justice framework envisioned by the revised KUHAP. Findings reveal significant regulatory divergence regarding eligibility criteria, procedural stages, and legal consequences, resulting in selective enforcement and a decline in public trust. The study concludes that codification and unification of restorative justice norms are imperative to harmonise institutional mandates, operationalise the principle of ultimum remedium, and ensure substantive legal certainty. Codified provisions should establish uniform procedures, binding legal effects, and cross-institutional coordination mechanisms. These reforms carry significant implications for advancing a humane and efficient criminal justice system in Indonesia, reducing litigation costs, and enhancing public confidence in restorative approaches.
Power Engineering under the Guise of Nutrition: A Critical Analysis of Badan Gizi Nasional Formation Fikri, Sultoni; Hikam, Reza Maulana
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29925

Abstract

Presidential Regulation No. 83 of 2024 was enacted under the pretext of addressing the critical issue of national nutrition. However, beneath the technocratic narrative and the sterile legal language, there are strong indications that this regulation conceals a deeper political-economic agenda. This study aims to examine whether the establishment of the National Nutrition Agency is a purely administrative response or a covert instrument of power hegemony. The contribution of this study lies in uncovering how a seemingly neutral policy on nutrition governance operates as a mechanism of executive aggrandisement. By applying a Critical Legal Studies framework, this research advances the understanding of how legal instruments can embed and normalise political centralisation under the guise of public health policy. This area remains underexplored in Indonesian legal scholarship. The methodology employed is a juridical-critical approach based on Critical Legal Studies, which involves a normative analysis of the regulation's content and its relationship to relevant laws and regulations. The study's findings reveal that the BGN has an expansive authority structure directly under the President, creating a potential for vertical control over the distribution of national nutrition resources. Furthermore, there is a potential overlap with other agencies (such as Bapanas, the Ministry of Health, and the Ministry of Social Affairs), weak oversight mechanisms, and the potential normalisation of power expansion through administrative law. In this context, the law is no longer an instrument of justice, but rather a tool of political legitimisation within a technocratic framework. This study recommends an institutional evaluation of the BGN and strengthening of legislative control over the expansion of executive bodies.
Indonesia’s Strategic Legal and Economic Response to the US–China Trade War: Implications for Global Value Chains, Foreign Investment and MSMEs Sakinah, Zurria; Muzaffar, Mumtaz; Raihan, Maudy Farras
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.30350

Abstract

This study aims to analyse Indonesia’s legal and economic responses to the global trade tensions triggered by the United States–China tariff war, with a particular focus on their impact on Indonesia’s export-import structure, supply chain efficiency, and foreign direct investment (FDI) inflows. Employing a normative juridical method, supported by a policy and law-and-economics approach, this research examines international trade law frameworks, ratified agreements, and national policies in the context of global disruptions. The findings reveal that Indonesia, while not directly involved in the tariff conflict, has been significantly affected through rising production costs, decreased export competitiveness, and increased vulnerability of Micro, Small, and Medium Enterprises (MSMEs) in sectors such as textiles. Although trade agreement ratifications (e.g., RCEP, AFTA) offer strategic potential, bureaucratic inefficiencies and legal uncertainty continue to hinder optimal implementation. The study concludes that while Indonesia has adopted several adaptive measures such as market diversification, import substitution, and investment law reforms, structural challenges remain. To strengthen its role in global supply chains and enhance long-term resilience, Indonesia must integrate trade policy with regulatory enforcement, infrastructure development, and MSMEs empowerment. Recommendations include harmonising national trade regulations with international standards, optimising trade agreement benefits, and ensuring policy consistency across sectors.
Implementation of Social Security for Workers in the Transportation Sector in Banjarnegara Regency Shaidah, Zahra Az; Martitah, Martitah
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.30301

Abstract

This study aims to analyse the implementation of social security for workers in the transportation sector in Banjarnegara Regency and identify obstacles in its implementation. The study's contribution lies in strengthening the literature on social protection for informal workers who are at high risk but have minimal protection. The research method employed in this study is a qualitative approach, utilising empirical legal research techniques through interviews, observations, and document studies. The study's results indicate that the level of worker participation remains low due to limited legal literacy, economic constraints, and inadequate supervision. Complicated registration and claim procedures are also major obstacles. The study's conclusion confirms that the program has not been running optimally, despite already having a strong legal basis. Recommendations submitted include increasing education, simplifying procedures, subsidising contributions, and strengthening synergy between agencies and worker communities. These efforts are important to realise fair and equitable work protection in the regions.
Constitutional Judicial System: A Comparison between Indonesia and France Munazih, Muflih; Faramida, Dina
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.30462

Abstract

This study aims to compare the Constitutional Court of Indonesia (Mahkamah Konstitusi Republik Indonesia or MKRI) and the French Constitutional Council (Conseil Constitutionnel) in terms of their historical foundations, legal authority, structural composition, and judicial review mechanisms. The objective is to assess their effectiveness in upholding constitutional governance and propose adaptive models for better protection of fundamental rights. The research method employs a normative juridical approach, incorporating statutory, conceptual, and analytical perspectives. It analyzes primary and secondary legal materials, including constitutions, statutory laws, court decisions, and doctrinal writings. The study focuses on positive legal norms and compares the implementation of judicial review practices in both legal systems using a qualitative analysis framework. The study reveals key differences in the scope and timing of constitutional review: Indonesia employs a posteriori review, which permits legal correction after enactment, while France utilises a priori review to prevent unconstitutional laws before promulgation, later supplemented by the Question Prioritaire de Constitutionnalité (QPC) for limited a posteriori review. Structurally, the Indonesian Court is a judicial organ, while the French Council functions more as a political-legal oversight body. The novelty lies in proposing a hybrid model that incorporates both a priori and a posteriori mechanisms to strengthen constitutional protection, particularly for Indonesia, by recommending the integration of preventive review authority within its existing system.

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