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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 89 Documents
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The Constitutional Design of Weak Bicameralism: Re-evaluating the Legislative Powers of Indonesia's Regional Representative Council A Rosyid Al Atok; Muhamad Sayuti Hassan; Sudirman Sudirman; Didik Sukriono
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.34487

Abstract

The legislative function constitutes a fundamental pillar of parliament, operating in tandem with the oversight and budgetary functions. The establishment of the DPD within the Indonesian system was originally intended to construct a bicameral system that ensures checks and balances while accommodating regional interests. However, the current constitutional design reflects a flawed mechanism, culminating in a system of weak bicameralism that marginalizes the DPD's institutional role and renders it subordinate to the DPR. Although previous literature has extensively highlighted the DPD's limited authority, prior scholarship remains largely descriptive, focusing on normative reform proposals without adequately addressing the theoretical implications of this asymmetric power distribution. To bridge this research gap, this article employs a normative approach to re-evaluate the DPD's legislative authority, thereby advancing the existing discourse on constitutional design and institutional reform. The findings indicate that the existing anomaly in power distribution distorts the genuine mechanism of mutual control. As its principal theoretical contribution, this study reconceptualizes the parameters of effective asymmetric bicameralism by asserting that genuine territorial representation necessitates a substantive expansion of legislative powers, encompassing independent initiative rights, comprehensive deliberative participation, and decisive final views. This theoretical framework enriches comparative constitutional literature by demonstrating how reconfiguring asymmetric powers is essential to transforming constitutional anomalies into a balanced, effective, and accountable parliamentary system.
International Lawfare and Transactional Peacemaking: Indonesia’s ‘Board of Peace’ and the Question of Palestinian Sovereignty Chairul Fahmi; Muhammad Siddiq Armia; Mizaj Iskandar; Laila Muhammad Rasyid; Faisal Fauzan
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.33636

Abstract

The Board for Peace (BoP), established by President Trump, is integral to the execution of the America-First and transactional strategy. This board indicates a transition in international collaboration from multilateralism under the UN mandate to a multi-corporate framework for handling the post-conflict transition in Gaza. This article analyses the legitimacy of the BoP under international law and the ramifications of Indonesia's permanent membership and its allocation of one billion US dollars to the BoP, while also evaluating its implications for Palestinian sovereignty and the international legal system. This research utilizes an interdisciplinary approach that combines international law, political economy, and international relations. The research indicates that the creation of the BoP was prompted by UN Security Council Resolution 2803, although it has diverged from the resolution's aims. Moreover, the BoP has invalidated the 2024 Advisory Opinion of the International Court of Justice (ICJ) about the Palestinian people's right to self-determination. Moreover, the BoP, which possesses a comprehensive strategy for Gaza's reconstruction post-Israel's devastation, represents an infringement on the rights of the Palestinian populace in Gaza, undermines Palestinian sovereignty, overlooks the Palestinian Authority, and imposes a fiscal obligation on nations, especially permanent members like Indonesia. This paper asserts that the BoP framework is designed exclusively to sustain informal imperialism that advantages Israel, hinders the two-state solution, and constrains Indonesia’s foreign policy—ideally independent and proactive—under the influence of U.S. interests during the Trump administration.
Integrated Existential Education Model for Juvenile Justice Reform: A Human Rights-Based Approach in Indonesia Lilik Sujandi; Suwito Eko Pramono; Inaya Sari Melati; Ridwan Arifin; Valerio Sebastian; Syaiful Amin
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.33941

Abstract

Juvenile justice systems worldwide face persistent challenges in balancing accountability, rehabilitation, and the protection of children’s rights. Traditional punitive approaches often fail to address the underlying existential and psychosocial needs of adolescents, contributing to high recidivism rates and social marginalization. This paper proposes an Integrated Existential Education Model as a transformative framework for juvenile justice reform within the context of international human rights, with a case study conducted at the Lembaga Pembinaan Khusus Anak Kelas I (LPKA) Kutoarjo, Central Java, Indonesia. Drawing on existential psychology, the model emphasizes self-awareness, personal responsibility, and meaning-making, empowering adolescents to reflect on their life choices and develop authentic identities. It integrates human rights education and restorative practices to foster empathy, respect for others, and adherence to legal and ethical norms. Methodologically, the study employs a qualitative approach, including interviews with adolescents, educators, and staff, as well as analysis of international child rights frameworks, to examine the feasibility and potential impact of the model. The findings suggest that implementing existential education within juvenile rehabilitation programs can enhance psychological resilience, reduce recidivism, and promote social reintegration while ensuring compliance with global human rights standards. This integrated approach offers a practical, rights-based strategy for policymakers and practitioners in Indonesia and beyond.
Navigating Digital Marketing and Data Privacy in Nigeria: Lessons from the EU General Data Protection Regulation Oluwaseye Oluwayomi Ikubanni; Adnan Ibrahim Sarhan; Naser Al-Sherman; John Olatunde Ologunebi; Sylvester Adejoh Ogba Ogba; Aderemi Olubunmi Oyebanji; Oluwaseye Thompson Adeboye
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.32997

Abstract

Nigeria has witnessed exponential growth in digital marketing driven by increased internet penetration and smartphone adoption. Businesses increasingly depend on digital marketing and targeted advertising that relies on consumer data collection and processing. While this data-driven approach creates unique opportunities for businesses to target and engage consumers, it raises significant concerns about consumer data privacy rights and protection. This need to protect these rights has prompted countries worldwide, including Nigeria, to establish legal frameworks for consumer data privacy protection. This study examined the complex relationship between digital marketing practices and data privacy regulations within Nigeria's legal framework, using the European Union's General Data Protection Regulation (GDPR) as a benchmark for comprehensive data protection legislation. The research employed a mixed-methods approach, distributing online survey questionnaires to 787 randomly selected Nigerian respondents. The study used descriptive and analytical statistics to analyze responses. The study revealed that while Nigeria has made significant progress in developing data protection standards, improvements are needed in areas such as specific authorization requirements for marketing activities, enforcement of data subject rights, and sanctions frameworks for non-compliance. Additionally, while Nigerians are aware of digital marketing operations, including targeted advertising, they largely lack awareness of existing data protection laws and privacy policies. The study recommended enhancing public awareness of data protection rights, implementing robust cybersecurity measures against data breaches, and strengthening existing regulatory frameworks for data protection.
Legal Pluralism and the Crisis of Customary Land Tenure in Papua Muslim Lobubun; Hariyanto Hariyanto; Iryana Anwar; Mabarroh Azizah
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.34378

Abstract

Agrarian conflict in Papua reflects a persistent tension between the state-centered orientation of Indonesia’s national land law and the communal land tenure system of Papuan indigenous communities. The expansion of investment activities, the implementation of national strategic projects, and the limited formal recognition of customary land rights have reinforced asymmetrical legal pluralism and intensified agrarian disputes. This study examines the structure of legal pluralism in Papuan agrarian conflicts, analyzes customary-based dispute resolution mechanisms, and formulates a reconstruction model for indigenous-based land governance. The study employs a normative-empirical socio-legal design combining statutory, conceptual, case, and comparative approaches. The study collected empirical data through semi-structured interviews with customary leaders, government officials, academics, and indigenous community members in Manokwari and Biak Numfor, supported by field observations and document analysis. Data were collected through a literature review, regulatory analysis, judicial decisions, and empirical studies concerning agrarian conflicts in Papua. The findings demonstrate that customary dispute resolution mechanisms possess strong social legitimacy but remain structurally marginalized within the formal state legal system. The study contributes to legal pluralism scholarship by developing the concept of coordinated legal pluralism, an operational governance model designed to integrate customary law and state law within Papua’s agrarian governance framework. The study concludes that agrarian governance in Papua requires institutional integration between customary and state legal systems. It recommends formally recognizing customary mediation outcomes, reforming evidentiary rules, implementing FPIC requirements, and strengthening indigenous governance institutions to reduce agrarian conflicts and improve legal certainty.
Legal Pluralism and the Challenges of Complete and Systematic Land Registration (CSLR) of Customary Land in Bali I Ketut Kasta Arya Wijaya; Made Suwitra; Made Jaya Senastri; Nur Ezan Rahmat
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.34268

Abstract

The implementation of the Complete and Systematic Land Registration (CSLR) Program has significantly improved land certification in Indonesia; however, applying it to customary land continues to create persistent juridical and institutional challenges because state land administration and customary land governance coexist. Previous studies have primarily examined CSLR through the lenses of administrative effectiveness, legal certainty, or the normative recognition of customary rights, while paying limited attention to how legal pluralism shapes institutional conflicts and the mechanisms needed to reconcile competing legal systems. This study addresses this gap by examining the implementation of CSLR on customary land in Gianyar Regency, Bali, through a legal pluralism framework. This study employs a qualitative socio-legal approach, combining normative legal analysis with empirical data from semi-structured interviews and document analysis. The findings show that the main obstacles to customary land registration are structural rather than merely administrative, including institutional asymmetry between state and customary authorities, the unclear legal status of customary land, limited integration of customary institutions into the registration process, and tensions between communal land tenure and formal land administration. These findings show that legal certainty cannot be achieved solely through standardized registration procedures without accommodating the normative legitimacy of customary governance. This study contributes to the literature by operationalizing legal pluralism as an analytical framework for explaining institutional conflicts in customary land registration and by proposing a Customary Land Verification Forum as an operational institutional mechanism that integrates customary verification into the CSLR adjudication process, thereby reconciling state and customary legal systems while strengthening legal certainty and protecting the collective rights of customary law communities.
Taḥqīq al-Manāṭ as a Judicial Review Method: Comparison Between Constitutional and Islamic Law Putra Perdana Ahmad Saifulloh; Shabrian Hammam Fanesti; Muhammad Adiguna Bimasakti; Dindha Shahrazade Sulaiman; Dhita Widya Putri
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.34435

Abstract

Taḥqīq al-Manāṭ is a method of applying general legal rules to specific contextual cases. The Taḥqīq al-Manāṭ process involves determining the law based on its sharīʿah sources, then examining the case or reality to be faced before applying the law. Thus, Taḥqīq al-Manāṭ is the process of describing cases based on reality. This is because the main key in realizing the law lies in a deep understanding of reality. Therefore, this paper aims to study and introduce Taḥqīq al-Manāṭ as a method of Judicial Review in Islamic law and its potential contribution to constitutional law science. Based on the findings of this study, the Taḥqīq al-Manāṭ method can be adopted by constitutional judges to test laws against the 1945 Constitution. This research recommends applying Taḥqīq al-Manāṭ in constitutional judges' deliberation meetings to prevent decisions that undermine the public interest, and it can be implemented through constitutional conventions. This article uses a normative research methodology that focuses on document studies..
Nyadhar as Living Law in Coastal Salt Governance Agung Ali Fahmi; Rachmad Safa’at; Dhiana Puspitawati; Herlindah Herlindah
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.34494

Abstract

This article examines Nyadhar as living law in the traditional salt governance of the Pinggirpapas salt-farming community in Sumenep, Madura. It analyzes how Nyadhar functions as a community normative system and interacts with national salt governance. Using a socio-legal approach, the study draws on participant observation of Nyadhar rituals in 2025–2026, semi-structured interviews with 26 informants, and document analysis. The findings reveal that Nyadhar functions not merely as a cultural ritual but as living law sustained through customary authority, intergenerational transmission, and collective compliance, while coordinating aspects of salt production, production ethics, and locally grounded ecological knowledge. Its relationship with national salt governance is characterized by asymmetrical coexistence: state law retains formal regulatory authority, while Nyadhar derives normative authority from customary legitimacy and continued social compliance. From a legal pluralism perspective, community norms retain internally generated normative legitimacy while remaining embedded in and structurally constrained by state regulation, markets, bureaucracy, and national policy. The study extends the analytical application of living law from maintaining social order to organizing aspects of community-based production and resource governance, advancing a relational understanding of legal pluralism between community normative authority and state governance.
Rehabilitation of Victims of Sexual Violence through Restitution and Compensation: A Human Rights Perspective Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku; Ridwan Arifin
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.34229

Abstract

This study examines the implementation of restitution and compensation for crime victims in Indonesia from a human rights perspective, focusing on the realization of the right to an effective remedy, substantive justice, and the protection of human dignity. It contributes to the academic discourse by critically evaluating the coherence between Indonesia's victim compensation framework and international human rights standards, while identifying institutional and doctrinal gaps that hinder effective victim protection. The research employs a normative-analytical legal approach, combining doctrinal analysis of statutory regulations, judicial decisions, and international human rights instruments with a structured literature review. The doctrinal analysis examines the legal framework governing restitution and compensation, whereas the literature review contextualizes scholarly debates and identifies interpretative inconsistencies within the regulatory regime. The analysis encompasses the Indonesian Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and legislation on victim protection.  The findings reveal that although Indonesia has strengthened the legal basis for restitution and compensation, significant obstacles persist, including weak enforcement mechanisms, limited execution of court decisions, burdensome evidentiary requirements, fragmented institutional coordination, and the absence of a clearly defined state responsibility framework. These shortcomings prevent victims from obtaining effective and timely remedies. The study concludes that improving victims' access to justice requires not only legislative reform but also an integrated, accessible, and accountable institutional mechanism that aligns with international human rights principles and ensures the effective realization of victims' rights.

Page 9 of 9 | Total Record : 89

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