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Ahmad Burhan Hakim
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Journal of Sharia (JOSH)
Published by Institut Pesantren Sunan Drajat Lamongan
ISSN : 28281497     EISSN : 28281012     DOI : https://doi.org/10.55352/josh.v1i2
Core Subject : Social,
Social Sciences
JOSH: Journal of Sharia dikelola oleh Fakultas Syariah Institut Pesantren Sunan Drajat Lamongan dan diterbitkan oleh Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan. Jurnal ini berisikan artikel ilmiah baik penelitian kualitatif maupun kuantitatif, dengan fokus kajian kajian berbasis syariah, hukum, sosial politik, dan ketatanegaraan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 182 Documents
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REKONSTRUKSI PEMBANGUNAN DI ERA DIGITAL MELALUI TATA KELOLA DIGITAL KOLABORATIF ADAPTIF Nuriwa Putri Utami; Fani Permata Gusni; Qhazan Wahyu Hariandi; Boni Saputra
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.3023

Abstract

Digital transformation has become a strategic agenda in public governance reform, but various emerging approaches still tend to be partial because they separate the dimensions of institutional adaptivity, multi-actor collaboration, and the use of digital technology into different analytical frameworks. This separation creates limitations in explaining how institutions, actors, and technology interact simultaneously to generate public value in the digital era. This study aims to develop a more comprehensive conceptual framework through the Adaptive-Collaborative Digital Governance (ACDG) model to explain the relationship between institutional adaptivity, multi-actor collaboration, data integration, and public value creation. The study used a Systematic Literature Review (SLR) approach with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) guidelines. Literature was obtained from Scopus, Web of Science, and Google Scholar databases through a process of identification, screening, eligibility evaluation, and thematic synthesis of articles that met the inclusion criteria. The results show that institutional adaptivity plays a role as a foundation for digital governance transformation through policy flexibility, organizational learning capacity, and the ability to respond to change. Multi-actor collaboration serves as a transformational mechanism linking adaptive capacity with innovation and resource integration, while data interoperability serves as a strategic link enabling evidence-based decision-making. The interaction of these three dimensions generates public value, reflected in improved public service quality, transparency, accountability, public participation, and public trust. The primary contribution of this research is the development of the ACDG model, a new conceptual framework that integrates adaptive governance, collaborative governance, and digital governance perspectives into a single, cohesive model to support more adaptive, collaborative, and sustainable digital governance.
URGENSI PEMBENTUKAN REGULASI PENERIMABANTUAN IURAN BPJS KETENAGAKERJAAN BAGIPEKERJA RENTAN: PERSPEKTIF HUMAN RIGHTSBASED APPROACH Raihan Bahrul Ilmi; Holyness N. Singadimedja
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.3061

Abstract

The right to social security constitutes both a fundamental human right and a constitutional right guaranteed under Article 28H paragraph (3) and Article 34 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Although the National Social Security System has been implemented, Indonesia still lacks a specific regulatory framework concerning Contribution Assistance Recipients (Penerima Bantuan Iuran/PBI) within BPJS Ketenagakerjaan for vulnerable workers. This condition reveals a regulatory gap between the National Health Insurance Program, which already provides a government-funded contribution assistance scheme, and BPJS Ketenagakerjaan, which has not established a similar mechanism for vulnerable workers. This study aims to analyze the urgency of establishing regulations concerning Contribution Assistance Recipients within BPJS Ketenagakerjaan from a Human Rights-Based Approach (HRBA) perspective. The research employs a normative juridical method using statutory and conceptual approaches. The novelty of this study lies in its analysis of the legal vacuum regarding PBI BPJS Ketenagakerjaan through the HRBA framework, which positions vulnerable workers as rights holders and the state as the duty bearer responsible for ensuring the fulfillment of social security rights. The findings indicate that the absence of a PBI regulatory scheme within BPJS Ketenagakerjaan has resulted in the state's obligation to fulfill social security rights for vulnerable workers not being optimally implemented. The study further demonstrates that the vulnerable farmer protection program in Sijunjung Regency provides empirical evidence of the effectiveness of contribution assistance in expanding social security coverage. Therefore, the establishment of a Government Regulation concerning Contribution Assistance Recipients within BPJS Ketenagakerjaan is necessary to provide legal certainty, expand social security coverage, and strengthen social protection for vulnerable workers.
COLLABORATIVE GOVERNANCE DALAM PENGELOLAAN E-PARKIR TEPI JALAN UMUM (TJU) ZONA 1 KOTA SURABAYA Sunariyah Duwi Wantika; Deasy Rizki Masruroh; Diana Hertati
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.3121

Abstract

The implementation of e-parking for Public Roadside Parking (TJU) Zone 1 in Surabaya City faces challenges such as high complexity of vehicle mobility and obstacles in digital adaptation by field implementers. The success of this innovation depends not only on technological advancement but also on the collaborative synergy among the government, private sector, parking attendants, and the community. This study aims to analyze the collaborative governance process in the management of e-parking in TJU Zone 1, Surabaya City. The research utilizes a descriptive qualitative method, collecting data through interviews, observations, and documentation. Data analysis applies the interactive model of Miles, Huberman, and Saldaña—comprising data condensation, data display, and conclusion drawing—which is then examined using Ansell and Gash's framework. The results indicate the mapping of five collaborative dimensions: (1) face-to-face dialogue was conducted through FGDs and monitoring, although information distribution remains uneven; (2) trust building was pursued through increased profit-sharing, yet some parking attendants still view digital devices as an extra workload; (3) commitment to process is demonstrated by actors consistently fulfilling their respective roles; (4) shared understanding was well achieved between the government and technology providers, but the long-term benefits are not yet fully comprehended by all parking attendants; and (5) intermediate outcomes are realized through system transparency and the availability of cashless alternatives, despite non-maximal adoption. This study recommends direct technical assistance for parking attendants to reduce technological resistance, as well as the implementation of specific campaigns/incentives for users to accelerate cashless payments
EVALUASI PROSES PENGAJUAN LAPORAN PERKEMBANGAN STUDI PADA LAMAN BEASISWA KEMENDIKTISAINTEK ASRAMA MAHASISWA NUSANTARA (AMN) SURABAYA Alin Kania P. Raweyai; Lorna Stevani Amoye; Stenly P. R. Ansanay; Evi Silvia Melina
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.3148

Abstract

This study aims to evaluate the process of submitting the Study Progress Report (Laporan Perkembangan Studi/LPS) through the Kemendiktisaintek scholarship platform at Asrama Mahasiswa Nusantara (AMN) Surabaya in order to identify supporting factors, implementation barriers, and the effectiveness of the process. The research employed a qualitative descriptive-evaluative approach using the CIPP (Context, Input, Process, Product) evaluation model. Data were collected through in-depth interviews, observations, and documentation involving scholarship recipients, administrative staff, and AMN management. The findings indicate that, in the context dimension, the objectives and policies of LPS reporting were well understood by stakeholders as a mechanism for academic monitoring and a prerequisite for scholarship fund disbursement. In the input dimension, adequate internet facilities and a multi-layered mentoring system involving mentors, dormitory leaders, and administrative staff were available, although the utilization of digital guidelines remained limited. In the process dimension, several obstacles were identified, including CAPTCHA errors during login, lengthy re-verification procedures for revised documents, and difficulties in obtaining academic documents from students’ respective universities. In the product dimension, the system was found to support administrative discipline and academic progress monitoring, although its effectiveness was still affected by technical and procedural constraints. This study demonstrates that the success of digital scholarship services is determined not only by the quality of the information system but also by institutional support mechanisms and the efficiency of administrative procedures. The findings contribute to the development of digital public service evaluation, particularly in the context of higher education scholarship management. Based on the results, improvements are recommended in the CAPTCHA feature, the acceleration of revised document verification procedures, and the enhancement of socialization efforts regarding digital guidelines and complaint-handling services for students.
FORMULASI DELIK MABUK DALAM KUHP BARU (UU NO. 1 TAHUN 2023) DAN QANUN ACEH NOMOR 6 TAHUN 2014: SUATU KAJIAN KOMPARATIF Qothrun Nada Tsabita Qolbiyah; Desi Kirana; Arif Syawaluddin Lubis; Dafhin Attallah; Ratu Zahwah Shopandi; Sevia Nurhayati; Riyo Fitriyan Nugroho; Syahrul Anwar
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.3216

Abstract

This research analyzes the formulation of criminal offenses related to intoxication under Law No. 1 of 2023 on the Indonesian Penal Code (KUHP) and the concept of jarimah syurb  al-khamr in Aceh Qanun No. 6 of 2014 within Islamic criminal law (fiqh jinayah). This normative legal study employs statutory, conceptual, and comparative approaches through library research and qualitative-descriptive analysis. The findings reveal a fundamental divergence between the two legal systems. The KUHP adopts a public order approach that criminalizes intoxication only when it causes public disturbance or endangers others, whereas the Aceh Qanun criminalizes the consumption of alcohol itself based on a moral-religious paradigm. These differences extend to the elements of the offense, evidentiary standards, and types of sanctions, fines and imprisonment under the KUHP versus flogging under the Qanun Jinayat. Nevertheless, both systems share the objective of protecting public welfare and reject the elimination of criminal responsibility for intoxicated offenders through the doctrine of actio libera in causa. This study concludes that these differences reflect weak legal pluralism and divergent punitive paradigms rather than an absolute contradiction. Therefore, national criminal law policy should consider integrating preventive principles from Islamic criminal law through stronger non-penal measures while adhering to human rights principles and the national legal framework. 
GOOD GOVERNANCE, KEBIJAKAN PUBLIK, DAN DEMOKRASI LOKAL: STUDI PADA PEMERINTAH KABUPATEN LAMONGAN Moh Sa’diyin; Sutopo Sutopo
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.3270

Abstract

The implementation of good governance principles plays a crucial role in improving the quality of public policy and strengthening local democracy in the era of regional autonomy. Lamongan Regency, as one of the developing regions in East Java Province, has demonstrated various efforts to establish good governance through enhanced transparency, accountability, public participation, and innovation in public services. This study aims to analyze the implementation of good governance in the formulation and implementation of public policies and its implications for strengthening local democracy in Lamongan Regency. The research employs a qualitative method with a descriptive-analytical approach. Data were collected through document analysis, observation, and examination of government policy documents and performance reports. The analysis was conducted using the perspectives of good governance, public policy, and local democracy. The findings indicate that the Lamongan Regency Government has implemented good governance principles through improved public service systems, information transparency, and community involvement in regional development planning. However, public participation in the policy-making process remains largely procedural and has not yet reached a substantive level. In addition, the influence of local political elites in policy formulation continues to pose challenges to broader public representation. The study concludes that the implementation of good governance has positively contributed to improving public policy quality and strengthening local democracy in Lamongan Regency. Nevertheless, greater efforts are needed to strengthen public participation mechanisms, enhance community capacity, and optimize transparency and accountability to foster a more inclusive, participatory, and sustainable local democracy.
KEDUDUKAN HUKUM ADAT DALAM SISTEM KETATANEGARAAN INDONESIA: ANTARA PENGAKUAN KONSTITUSIONAL DAN IMPLEMENTASI DI PROVINSI PAPUA BARAT DAYA Adirandi M Rajab; Moh. Ery Kusmiadi
JOSH: Journal of Sharia Vol. 4 No. 01 (2025): Vol. 04 No. 01 Januari 2025
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v4i01.3271

Abstract

From a constitutional perspective, the recognition of customary law embodies the principles of a democratic state governed by the rule of law that respects diversity. The state is obliged not only to normatively acknowledge the existence of customary law communities but also to guarantee their protection and uphold their constitutional rights. Such recognition must be realized through concrete policies, including the strengthening of customary institutions, the recognition of customary territories, the protection of customary land rights, and the inclusion of indigenous communities in all development processes affecting their lands and livelihoods. Furthermore, strengthening the enforcement of customary law in Southwest Papua is crucial, given the strategic role indigenous communities play in maintaining environmental balance and the sustainability of natural resources. The various forms of local wisdom found within indigenous communities have proven effective in preserving ecosystems and preventing the overexploitation of natural resources. Therefore, customary law should not be viewed as an obstacle to development, but rather as a strategic partner in achieving sustainable and equitable development.
ANALISIS STRATEGI KOMUNIKASI POLITIK MAJELIS RAKYAT PAPUA DALAM PELAKSANAAN PROGRAM ASTA CITA DI PAPUA BARAT DAYA BERDASARKAN TEORI HAROLD D. LASSWELL Henraman Henraman; Alyn Wulandary; Jofier Geofani Titarsole; Siti Nursyamsiah Nabi
JOSH: Journal of Sharia Vol. 4 No. 01 (2025): Vol. 04 No. 01 Januari 2025
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v4i01.3276

Abstract

This study aims to analyze the political communication strategy of the Papua People's Assembly (Majelis Rakyat Papua/MRP) in implementing the ASTA CITA Program using Harold D. Lasswell's communication theory. A qualitative descriptive approach was employed to explore how MRP communicates government policies to indigenous Papuan communities. Data were collected through in-depth interviews, participant observation, and document analysis involving MRP members, local government officials, traditional leaders, religious leaders, women representatives, youth leaders, and community members. The data were analyzed using the interactive model of Miles, Huberman, and Saldaña, while the findings were interpreted through Lasswell's five communication elements: Who, Says What, In Which Channel, To Whom, and With What Effect. The findings reveal that MRP functions as a credible political communicator by delivering policy messages through public dialogues, customary meetings, interpersonal communication, mass media, and digital platforms. The communication strategy emphasizes culturally sensitive messages that strengthen public understanding of the ASTA CITA Program, enhance policy legitimacy, and encourage community participation. Despite challenges related to geographical conditions and limited communication infrastructure in Papua, the involvement of customary and religious leaders as local communicators significantly improves message acceptance and public trust. The study concludes that the effectiveness of MRP's political communication strategy depends on the integration of communicators, messages, communication channels, target audiences, and communication outcomes within Papua's socio-cultural context. This research contributes to the development of political communication studies by demonstrating the applicability of Lasswell's communication model in analyzing policy communication strategies implemented by representative institutions in multicultural and geographically complex regions.
BOLSA FAMILIA DALAM KERANGKA WELFARE STATE: SOLUSI KESEJAHTERAAN ATAU KEBIJAKAN MINIMALIS DI BRASIL Zahra Hanifah Salma; Bella Ola Shakira; Shandy Gupa Pratama; Jerry Indrawan; Reja Reja
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.3246

Abstract

This study aims to analyze the Bolsa Família Program within the welfare state framework to determine whether it is more appropriately understood as a welfare solution or merely a minimalist social policy in Brazil. The study is motivated by persistent poverty and social inequality, which have prompted the government to strengthen social protection policies. This research employs a qualitative approach using a literature review of books, scholarly journals, policy documents, and reports from international organizations. The analysis is conducted using the welfare state concept and John Rawls' Theory of Justice. The findings indicate that Bolsa Família has not only contributed to reducing poverty but has also improved access to education, healthcare, and social protection for low-income households through the Conditional Cash Transfer (CCT) mechanism. From Rawls' perspective, the program reflects the implementation of the *difference principle* by directing redistributive benefits to the least advantaged while promoting *fair equality of opportunity* through expanded access to education and healthcare. Nevertheless, the program still faces limitations in addressing structural inequality and fostering long-term social mobility, particularly in transforming deeply rooted patterns of social and economic inequality across generations. This study concludes that Bolsa Família is better understood as a welfare instrument within the welfare state framework rather than merely a minimalist policy, as it demonstrates the state's long-term commitment to providing sustainable social protection for vulnerable groups while promoting greater social justice and more equitable opportunities.
POLITIK KEBIJAKAN PANGAN BERBASIS MAQASHID SYARIAH DI PAPUA BARAT DAYA: INTEGRASI PERAN PEREMPUAN DAN MASLAHAH PUBLIK Etik Siswatiningrum; Nurinaya Nurinaya; Adi Randi M Rajab
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.3294

Abstract

This article examines food policy politics in Southwest Papua Province from the perspective of Maqashid Sharia by focusing on policy orientation toward local food development and women's empowerment as integral components of promoting public welfare (maslahah ammah). As Indonesia's newest autonomous province, Southwest Papua continues to face a high dependence on food supplies from other regions, limited distribution infrastructure, and the underutilization of local food resources such as sago, taro, tubers, and marine products. These conditions indicate that the current political orientation of food policy has not fully supported regional food self-reliance or the protection of local economic actors, particularly Mama-Mama Papua, who play a strategic role in the local food economy. This study aims to analyze how the political orientation of regional food policy can be understood through the perspective of Maqashid Sharia. The research employs a qualitative method using normative juridical and public policy approaches. Data were collected through a literature review of laws and regulations, government policy documents, statistical data, and relevant scholarly literature, and were analyzed descriptively using the Maqashid Sharia framework. The findings reveal that food policy politics in Southwest Papua remains primarily oriented toward securing food supply, while strengthening local food systems, protecting the economic interests of Mama-Mama Papua, and expanding equitable market access have yet to become policy priorities. From the perspective of Maqashid Sharia, this policy orientation has not fully reflected the principles of hifzh al-nafs (the protection of life) and hifzh al-mal (the protection of wealth). The novelty of this study lies in the development of a Maqashid Sharia-based analytical framework for food policy politics that integrates support for local food and women's empowerment as indicators of maslahah ammah. These findings enrich the literature on food policy politics while providing a normative foundation for designing more inclusive, equitable, and regionally oriented food sovereignty policies

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