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Customary Marriage vs. Human Rights: Legal Challenges of Kawin Tangkap in Sumba, Indonesia Firman Laia
Jurnal Mengkaji Indonesia Vol. 4 No. 2 (2025): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v4i2.1722

Abstract: Marriage, as a social and legal institution, reflects the cultural values of a society. In Sumba, the practice of kawin tangkap (forced marriage by abduction) persists despite legal and human rights concerns. This practice, in which a man "captures" a woman to make her his wife, raises various issues, particularly regarding individual freedom and gender equality. Purpose: This study aims to analyze the practice of kawin tangkap in Sumbanese society from a human rights perspective and evaluate the legal protections for women subjected to this practice. Design/Methodology/Approach: This research employs a normative legal approach, incorporating legislative and conceptual analysis. It examines relevant legal frameworks and their interaction with customary law practices still observed in Sumba. Findings: The study finds that kawin tangkap contradicts Indonesia’s positive law, including the Criminal Code (KUHP), Law No. 35/2014, and Law No. 12/2022. Furthermore, this practice violates human rights instruments such as the Universal Declaration of Human Rights (UDHR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). A key challenge in addressing kawin tangkap lies in the disparity between customary law and state law, which complicates law enforcement within indigenous communities. Originality/value: This study provides new insights into how national law can adapt to local traditions without compromising human rights protections. It also offers strategic recommendations for harmonizing customary law with positive law to uphold justice for women in indigenous communities.

Criticism of the LMKN–LMK Dualism in Music Royalties Management in Indonesia Mays Amelia
Jurnal Mengkaji Indonesia Vol. 4 No. 2 (2025): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v4i2.1824

Abstract: The management of music royalties in Indonesia through the mechanisms of the National Collective Management Institution (LMKN) and the Collective Management Institution (LMK) shows serious problems in the context of copyright protection. Normatively, Article 9 paragraph (1) of Law No. 28 of 2014 grants creators exclusive rights to enjoy the economic benefits of their creations. However, the bureaucratic practices of LMKN-LMK actually reduce the meaning of these exclusive rights and shift the orientation of protection from creators to the managing institutions. This condition creates injustice because the legal system prioritizes institutional legitimacy over fulfilling the economic rights of creators. Purpose: The purpose of this study is to reconstruct the legal model for managing music royalties so that it returns to the core of copyright, namely justice for creators. Design/Methodology/Approach: This study is a normative legal study using a legislative approach, a conceptual approach, and a comparative approach. Findings: The results of the study indicate that the management model in Indonesia needs to be reformed through a revision of Law No. 28 of 2014 by eliminating the dualism of LMKN-LMK, strengthening an independent institution that is strictly supervised, and implementing technology-based digital transparency such as blockchain. Originality/value: The main finding is that the current legal system renders royalties an administrative-repressive instrument, rather than an instrument of distributive justice. Therefore, a legal reconstruction is needed that prioritizes transparency, accountability, and strengthens the position of creators as the primary subjects of copyright protection. This way, royalty distribution can function fairly, proportionally, and align with the principles of distributive justice.

Understanding Local Governance in the Circle of Interest: A Literature Review Muhammad Wahyu Prasetyo Adi
Jurnal Mengkaji Indonesia Vol. 4 No. 2 (2025): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v4i2.1857

Abstract: Local public administration is a field that positively reflects organizational needs. As a result, public administration is required to provide concrete representation of its suitability to be called a public organization. Paradoxically, when local government public administration emphasizes representation, it has no substantive meaning. Purpose: This is the result of the interests of actors who have carved out administrative boundaries. Design/Methodology/Approach: This study uses a literature review that raises local issues conditioned in the form of specific subheadings with limitations. Maximizing data based on relevant research and sources forces this study to extract metadata from the data. To maximize metadata conditions, this study limits several relevant notes to support the main focus on public governance in the arena of interest. Findings: The results of the study show that pragmatic governance under pressure from capital owners has defeated senior policy experts, intellectual groups, and even political actors themselves. This existence is reflected in selective diction. This confirms the next finding, a shift from potential policies to administrative violations. The procurement of goods and services has become the most distributive consequence, ensuring that the basis for selective implementation is accommodated in concrete terms. Restoring the spirit of independence of supervisory institutions and involving external civil society-based institutions are areas that need to be considered in both the process and implementation. Originality/value: The conditioning of public governance does not ensure that it has been addressed by different actors with diverse focuses.

Multi-Stressor Analysis of Climate Vulnerability in Indonesia: A Study on Environmental Policy Ethics and Maladaptation Risk Alya Zahra Nabila
Jurnal Mengkaji Indonesia Vol. 4 No. 2 (2025): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v4i2.1862

Abstract: This article aims to explore climate change multi-stressors through the development of environmental policies in Indonesia. Over time, this tropical country has been increasingly exposed to global warming and climate change phenomena that generate significant national vulnerabilities. In addressing these challenges, policy attention has predominantly focused on climatic factors. However, vulnerability is not solely a climatic issue; rather, it reflects collective systemic incapacity, which is further exacerbated by extreme weather events. Vulnerability constitutes a core concept in environmental social sciences, yet existing discussions often remain climate-centric, with limited engagement with other contributing dimensions that intensify vulnerability. Purpose: This article seeks to analyze climate vulnerability multi-stressors in Indonesia, including an examination of environmental policy ethics and the risks of maladaptation. It aims to provide a foundational reference and contribute to broader knowledge and understanding of Indonesia’s vulnerability context for future research and policy applications. Design/Methodology/Approach: This study employs a secondary research methodology, drawing upon the analysis and synthesis of existing sources, particularly qualitative data related to environmental policies, climate vulnerability cases in Indonesia, and the implementation of relevant policies in addressing these challenges. Findings: Climate vulnerability in Indonesia remains relatively high. Efforts to address multiple stressors, particularly through policy formulation and implementation, continue to face significant obstacles and institutional stalling. Comprehensive and carefully designed planning is therefore essential to minimize maladaptation risks and to foster ethically grounded climate resilience. Originality/value: This study contributes to the field of environmental policy by addressing research gaps in existing literature concerning climate vulnerability in Indonesia, particularly about the role of multi-stressors and maladaptation risks in shaping vulnerability outcomes.

The Dismissal of Constitutional Court Judges by the House of Representatives from the Perspective of Separation of Powers Rama Satria
Jurnal Mengkaji Indonesia Vol. 4 No. 2 (2025): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v4i2.1869

Abstract: The power of the House of Representatives to remove constitutional judges is discussed and analyzed in this article. It examines how the House of Representatives carries out its oversight role and if that includes assessing constitutional judges. The House of Representatives' dismissal of constitutional judges is also demonstrated by actual examples in this article. Purpose: From the perspective of the separation of powers, this research aims to investigate and evaluate the House of Representatives' action in dismissing constitutional judges. Design/Methodology/Approach: A legislative, conceptual, and case approach using a legal research technique is employed in this analysis. Primary and secondary legal resources constitute the legal materials utilized. Findings: The findings of this investigation demonstrate that the DPR lacks the authority to fire Constitutional Court judges, regardless of whether it be via an evaluation or via any other method. Constitutional Court judges, who are chosen and appointed by the President, must continue in their role until their term expires, unless they are no longer qualified as per the Law on the Constitutional Court. The model of DPR supervision of Constitutional Court Judges, as described in Article 228A of DPR Regulation No. 1 of 2025, is unconstitutional. The oversight model violates the 1945 Indonesian Republic Constitution, the Constitutional Court Law, Constitutional Court Decision 103/PUU-XX/2022, the separation of powers, the lawmaking, independence, and authority principles. Originality/value: This research is highly original and innovative. This is because the author explores the issue from the perspective of separation of powers. The findings of this article contribute to the implementation of constitutional judges' independence.

Prosperity Gospels and Money Worship in Nigeria: Exploring Miracles for Poverty Alleviation Amobi P. Chiamogu; Uchechukwu P. Chiamogu; Anthony-Mary Chukwudozie Amali
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.1151

Abstract: The prosperity gospel, which promises material wealth and success as evidence of divine favour, has gained widespread popularity, especially among those facing economic hardship in Nigeria. This doctrine, propagated by influential religious leaders, encourages the belief that faith, positive confession and financial contributions to the church can lead to miraculous financial breakthroughs. Purpose: This study examined the phenomenon of prosperity gospels and money worship in Nigeria, probing how these religious practices are perceived as mechanisms for poverty alleviation. Design/Methodology/Approach: The study adopted an explanatory research design and utilized the documentary method to collect data from secondary sources, while a textual analysis rooted in systematic logical induction was employed to test the hypotheses. Findings: The study critically analyzed the socio-economic context that has given rise to this religious movement, emphasizing how poverty and economic instability have made the promises of prosperity gospels appealing to a large segment of the population. However, it also revealed the controversies surrounding this practice, including accusations of exploitation, materialism and the commercialization of religion. The research is grounded in Max Weber’s theory of religion and capitalism, Marxist theory of religion, social exchange theory and spiritual capital theory to explore how prosperity gospels shape economic behaviour and perpetuate social inequality. While prosperity gospels may offer temporary hope and psychological relief, they often fail to address the structural causes of poverty in Nigeria, potentially exacerbating economic disparities and diverting attention from sustainable solutions. Originality/value: The study contributed to the ongoing discourse on the connection of religion, economics and social justice in Nigeria, offering insights into the intricate role of religious practices in addressing or perpetuating poverty.

Bridging Identities: The Political Participation of Chinese Indonesians in a Multicultural Landscape Jeremi Kristo Malau; Maurisius Taufik Sabrias; Ignasius Ryan Febrinanda; Padre Pio; Fuzy Firda Zhan
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.1820

Abstract: The Chinese community has often received insufficient attention, despite historical evidence demonstrating their significant role in various fields, including religion, literature, language, art, and sports. Common representations of the Chinese ethnic group tend to be negative, portrayed as economically dominant but opportunistic, lacking political loyalty, lacking nationalism, and prioritizing self-interest. Historical accounts typically highlight their role in the economy, either as major traders or as controllers of trade routes deemed detrimental to the local population. Purpose: This article examines the shifting political identity and participation of Chinese Indonesians in the post-Reformasi era, a period marked by democratic opening and greater recognition of cultural diversity. The purpose of this study is to analyze how the political identity of Chinese Indonesians has transformed since the fall of the New Order and to explore its relationship with the broader development of multiculturalism in Indonesia. Design/Methodology/Approach: The methodology used was descriptive research with a qualitative approach. Data were collected through document study and literature review. Data analysis was conducted using content analysis, which analyzes text or documents and then narrative analysis to examine the collected narratives. Findings: The findings reveal a significant transformation in the political behavior of Chinese Indonesians from a historically passive stance shaped by discrimination, stigma, and restrictive state policies, they have increasingly become active participants in political processes. The study finds that government policies after 1998 which gradually restored cultural rights and citizenship equality played a crucial role in enabling this political reorientation. This change shows how greater institutional openness strengthens minority political agency. Originality/value: This research draws on its integrative analysis, linking political participation to identity reconstruction and multicultural practices as authenticity. As a value, this research offers a nuanced understanding of how minority groups reposition themselves within Indonesia's evolving democratic landscape.

Implementation of Free Nutritious Meal Policy to Improve Student Nutrition in Sidoarjo Regency, Indonesia Schools Adinda Illah Imanda; Qatrunada Suci Salsabila; Arinta Gustinantari Astridia Santosa; Muhammad Roisul Basyar
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.1942

Abstract: Nutritional adequacy is a crucial factor in supporting student health, cognitive development, and academic achievement. In Indonesia, nutritional problems among school-aged children continue to be a significant challenge that affects the quality of human resources. To address this issue, the Indonesian government launched the Free Nutritious Meal Program (Program Makan Bergizi Gratis/MBG) in 2025 as a national policy aimed at improving student nutritional intake. Although the program carries strategic objectives, its implementation across regions demonstrates varying dynamics and challenges. Previous studies have largely emphasized the impact of school feeding programs on nutritional status and learning outcomes, while research focusing on policy implementation processes at the local level in Indonesia remains limited. Purpose: This study aims to analyze the implementation of the Free Nutritious Meal Program as an effort to fulfill student nutritional needs in Sidoarjo Regency. The research adopts a qualitative approach, with data collected through observations, in-depth interviews, and document analysis. Research informants include program beneficiary students, school administrators, Satuan Pelayanan Pemenuhan Gizi (SPPG), and relevant local government agencies. Data analysis is conducted using the Mazmanian and Sabatier policy implementation model, which emphasizes problem characteristics, policy characteristics, and environmental variables. Design/Methodology/Approach: This study employs a qualitative research approach using observations, interviews, and document analysis, guided by the Mazmanian and Sabatier policy implementation framework. Findings: The findings indicate that the implementation of the MBG program in Sidoarjo Regency has generally been conducted fairly well and has received positive responses from students and schools. The program contributes to improving student nutritional intake and reducing their daily expenses. However, several challenges remain, including delays in food distribution, inaccuracies in target school selection, weak inter-institutional coordination, the absence of detailed standard operating procedures, and limited human resource capacity. These issues affect the consistency and effectiveness of program implementation. Originality/value: This study contributes to the development of public policy studies in Indonesia, particularly in relation to the implementation of nutrition fulfillment policies in the education sector. The findings are expected to serve as a reference for evaluation and provide policy recommendations for enhancing the effectiveness and sustainability of the Free Nutritious Meal Program in Indonesia.

The The Social Role of Kader Surabaya Hebat in Addressing Stunting in Surabaya City: A Sociological Review Septi Ariadi; Nur Syamsiyah; Rafi Aufa Mawardi; Pingkan Sekar Savira; Rani Sukma Ayu Suteja
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.1948

Abstract: Stunting remains a serious public health issue in Indonesia and requires collaboration across sectors and community participation. This study examines how the Kader Surabaya Hebat (KSH) view stunting and how they implement their social roles in preventing stunting and early signs of growth failure among children in Surabaya. Purpose: This study analyzes KSH empowerment to strengthen social roles in addressing stunting in Surabaya City. Design/Methodology/Approach: This study used an explanatory sequential design for the mixed-methods approach. It started with a survey of the cadres, with 50 participating, focusing on their knowledge, attitudes, and practices. It was followed by a Focus Group Discussion, during which eight participants were invited. To provide a broader context for the survey results, the study employed an FGD. The survey results show that the cadres have good knowledge of stunting, including nutritional status, monitoring growth, and feeding practices. The qualitative findings also show that KSH play various roles, including educating, accessing, advocating, and rallying the community. Findings: The study results indicate that the KSH play significant roles within the community, contributing to the cadres’ good knowledge. Furthermore, the study suggests that their skills need improvement, better coordination across sectors, and greater support to enable them to contribute more to the Surabaya administration’s stunting prevention initiatives. Originality/value: This study contributes to examining how the Kader Surabaya Hebatuse social capital addresses stunting.

Legal Protection for Indigenous Communities That Conduct Tajen That Contain Elements of Gambling I Gde Daniel Rafael Putra Djatimulia; Abraham Ferry Rosando
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.1986

Abstract: This study examines the conflict between Balinese customary law, particularly tajen as the tabuh rah ritual in Hindu ceremonies, and national criminal law that prohibits gambling under Article 303 of the KUHP and Law No. 7 of 1974. Tajen is not merely gambling but an integral part of bhuta yadnya, aimed at neutralizing negative energies. It is recognized in the awig-awig of desa pakraman and the philosophy of Tri Hita Karana. However, the betting element leads to the criminalization of indigenous communities, creating legal uncertainty. The research problems include the current legal protection and the negative function of material unlawfulness based on Article 2 of Law No. 1 of 2023 on the Criminal Code. Using a normative method with statutory and conceptual approaches, this study analyzes primary legal sources such as Article 18B paragraph (2) of the 1945 Constitution, Law No. 6 of 2014 on Villages, and jurisprudence such as Constitutional Court Decision No. 58/PUU-XV/2017. The findings indicate that legal protection is partial: constitutionally, it recognizes customary rights, but implementation is weak due to the absence of regional normative regulations. Theories of legal pluralism and substantive justice support harmonization, where the negative aspect of material unlawfulness can eliminate criminal liability if tajen is purely ritualistic without commercial elements. The conclusion recommends reformulating norms through a Bali Regional Regulation to legalize ritual tajen, issuing customary certificates, and applying restorative justice, to realize substantive justice in the multicultural Unitary State of the Republic of Indonesia. Purpose: This article aims to analyze whether the tajen on the Island of Bali, which contains elements of criminal acts (namely gambling), allows the perpetrators of these customary activities to receive legal protection from the perspective of criminal law and the position of customary law in Indonesia. Design/Methodology/Approach: This article employs a normative legal research approach by examining relevant laws and regulations as well as academic literature concerning legal protection for indigenous communities engaged in tajen that involve elements of gambling. Findings: This study finds that customary activities involving gambling elements, known as tajen, create conflicts between customary law and criminal law in Indonesia. Tajen, as a traditional customary practice, leads to the criminalization of indigenous communities. The indigenous people themselves conduct tajen based on the understanding that it is a customary activity intended to stimulate the village economy across Bali. However, on the other hand, this activity also contains elements of criminal acts, namely, gambling. The absence of regional regulations that serve to recognize this customary activity and provide a legal umbrella for indigenous communities is a critical missing factor, as it contradicts Article 18B of the 1945 Constitution of the Republic of Indonesia. Originality/value: This article offers an original contribution by examining the activities of the traditional Balinese custom known as tajen, which involves elements of gambling and has a direct impact on indigenous Balinese communities. To date, there remains no clear legal regulation governing this practice. This issue actually represents an aspect that frequently causes

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Abstract

Abstract

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Abstract

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Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sultoni Fikri

Contact Email sultonifikri@untag-sby.ac.id

Phone -

Journal Mail Official mengkaji.indonesia@gmail.com

Editorial Address https://jurnal.erapublikasi.id/index.php/JMI/about/editorialTeam

Location Kota tangerang, Banten INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sultoni Fikri

Contact Email
sultonifikri@untag-sby.ac.id

Phone
-

Journal Mail Official
mengkaji.indonesia@gmail.com

Editorial Address
https://jurnal.erapublikasi.id/index.php/JMI/about/editorialTeam

Location
Kota tangerang,

Banten

INDONESIA