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Journal of Law, Social Science and Management
Published by Yayasan Cipta Anak Bangsa (YCAB) Publisher
ISSN : -     EISSN : 31089836     DOI : -
Core Subject : Religion, Humanities, Science, Education, Social,
Religion Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice
Journal of Law, Social Science and Management adalah jurnal ilmiah terkemuka yang menerbitkan artikel penelitian, tinjauan pustaka, dan laporan ilmiah yang mengintegrasikan perspektif dari hukum, ilmu sosial, dan manajemen untuk menganalisis dinamika sosial dan organisasi baik di Indonesia maupun secara global. Fokus utama jurnal ini terletak pada pendekatan interdisipliner yang mengkaji pengaruh hukum terhadap kebijakan sosial, struktur kelembagaan, dan tata kelola sumber daya. Cakupannya meliputi berbagai isu, termasuk hak asasi manusia, keadilan sosial, hukum nasional dan internasional, hukum adat, hukum lingkungan, etika, studi budaya, dan strategi manajerial di sektor publik dan swasta. Jurnal ini berfungsi sebagai platform akademik bagi para peneliti, praktisi, dan pembuat kebijakan untuk bertukar ide dan inovasi ilmiah yang mendorong pengembangan pemikiran kritis, pengejaran keadilan, dan pembangunan berkelanjutan. Semua manuskrip yang dikirimkan menjalani proses peninjauan sejawat yang ketat untuk memastikan kualitas akademik dan integritas setiap artikel yang diterbitkan.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 42 Documents
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Civil disobedience in Indonesia: Legal Notes During the Covid-19 Pandemic 2019 – 2022 Idaman Idaman; Yusdianto Yusdianto; Jusmang Djalil; Muh. Rizaldi Dirham; Royman M. Hamid; Sri Wulandari
Journal of Law, Social Science and Management Vol. 1 No. 1 (2024): July - December
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Introduction: Covid-19 is an acronym for Coronavirus Disease 2019, which is a virus outbreak that is sweeping the world. virus outbreak that has hit parts of the world, without exception Indonesia, which is one of the affected countries. one of the affected countries. The impact then brings significant changes significant changes to the activities and behaviour of Indonesian citizens, so that the The central to regional governments are taking strategic and concrete steps in order to to alleviate the Covid-19 virus outbreak by limiting people's movement, including implementing social distancing in order to limit social and economic activities in the form of an appeal followed by issuing regulations containing criminal sanctions. issuing regulations that contain criminal sanctions. However, the application of the rules in the public sphere are not obeyed immediately by the public. by the public. This situation creates a shift in the meaning and function of public space, which results in people feeling their movement is restricted in public space. Objective: This paper seeks to elaborate on the factors that contributed to the government's failure to implement its policies during the pandemic, leading to a reaction from civil society in the form of civil disobedience. Methods: The method used in this paper is a literature study, examining a number of data regarding civil disobedience during the covid pandemic in Indonesia. Results: During the covid-19 pandemic in Indonesia, large-scale social restrictions carried out by the government were seen from the lack of preparedness, lack of care, economic protection. As a result, civil society resistance emerged in every government policy related to social distancing. This defiance then resulted in the birth of legal sanctions for civilians who defied government regulations in tackling Covid-19. Keywords: Civil Disobedience; Covid-19; Government policy; Social Distancing
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
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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
The Role of Customary Law in the Formation of Social Identity of Gorontalo Society: An Anthropological Approach Samsi Pomalingo; Arfan Nusi
Journal of Law, Social Science and Management Vol. 1 No. 1 (2024): July - December
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Introduction: Customary law in Gorontalo is an integral part of the social and cultural life of its society. As one of the regions in Indonesia rich in tradition, Gorontalo has a legal system that is recognized and respected by its community. Customary law not only functions as a set of rules but also serves as a moral and ethical guide in daily interactions. Methods: This research is a qualitative study using an anthropological approach. Data collection techniques include in-depth interviews, observations, and document studies. Data obtained from interviews and observations were analysed using a thematic analysis approach. Results: The research findings indicate that customary law significantly impacts shaping and maintaining the community's social identity in Gorontalo. Customary law in Gorontalo functions as a norm regulating individual behaviour and community members' interactions. Customary law also contributes to the formation of the collective identity of the Gorontalo community. Although customary law has strong traditional roots, research has found that the Gorontalo community can adapt to the changing times. Conclusion: Customary law plays a crucial role in the formation and preservation of the social identity of the Gorontalo community. Through customary law practices, the community not only regulates social life but also preserves and strengthens cultural values that are characteristic of their identity. This research is expected to contribute to a deeper understanding of the relationship between customary law and social identity in the Gorontalo community. Keywords: Customary Law; Gorontalo; Social Identity: Indonesia
Shifting Death Penalty as Main Punishment towards Alternative Punishment: An Effort to Realize the Middle Way of Human Rights Handrawan; Dewi Ratnasari Rustam; Jabaruddin; Karmila
Journal of Law, Social Science and Management Vol. 1 No. 1 (2024): July - December
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Introduction: Overview: The death penalty is a crucial component of Indonesian law enforcement. Maintaining a retributive effect as a punishment for the wrongdoing done is another goal of the death sentence. The death penalty has been changed as an alternative punishment in an attempt to uphold human rights, even though it is still the primary punishment specified in the Criminal Code. This suggests a change in Indonesia's criminalization philosophy, which places a greater emphasis on initiatives to uphold human rights. In order to balance the legal interests of human rights defenders, the death penalty has been designated as an alternative punishment. Objective: The purpose of this paper is to clarify the normative clauses pertaining to the application of the death penalty in several criminal law statutes, both inside and outside the Criminal Code. Retributive justice is still the foundation of criminalization in Indonesia, which contributes to the poor level of human rights protection and respect in the nation. Methods: A legal, conceptual, and case approach are all utilized in this normative research methodology. Results: The adoption of the death penalty as a substitute form of punishment is anticipated to support future improvements in Indonesia's human rights compliance. The teachings of the Modern School and the Teleological Theory of criminal law are in line with the death penalty as an alternative punishment since it provides a compromise to resolve the death penalty controversy in the framework of human rights. Keywords: Death Penalty, alternative, Human Rights
Maladministration of Official Actions Issuance of Borrow-to-Use Permit for Forest Area M.Sabaruddin Sinapoy; Basrin Melamba
Journal of Law, Social Science and Management Vol. 1 No. 1 (2024): July - December
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Introduction: Despite having strategically located and sizable woods, Indonesia's management is still subpar. Government officials' poor management of the IPPKH issue has grown to be a major issue. The primary causes include internal problems such a lack of oversight, engagement from third parties, and corruption and collaboration between government officials and other parties. Complicated bureaucracy also makes matters worse. Law enforcement efforts are weakened by a number of important factors, including the lack of public and corporate awareness of the significance of forest sustainability, political influence, the need for state and local revenues, economic pressure, and the interests of particular parties. Government officials are therefore tempted to grant licenses in violation of the law, which results in official maladministration. Objective: This paper seeks to outline the implications of the maladministration of officials in the issuance of the Forest Area Borrowing and Use Permit (IPPKH), as well as the legal position (validity) of the IPPKH due to the maladministration of officials in its issuance. Methods: This type of research employs normative legal research to find legal rules, legal principles, and legal doctrines to answer the legal issues at hand. It also generates new arguments, theories, and conceptions as a prescription in order to address issues. Results The actions of officials who make and issue IPPKH that are not in accordance with statutory regulations can be said to be maladministration, namely an act of government officials against administrative law related to the procedures for making and issuing IPPKH can be held accountable for administrative law and given sanctions, in the form of light sanctions, moderate sanctions, severe sanctions and can be dismissed from their positions. Then, related to the IPPKH, it is considered that it is not in accordance with the applicable provisions or maladministration, then the granting of permits by the authorized official is invalid and can be cancelled, because it can harm the community and the IPPKH does not meet the legality that causes defects in government actions. Defects in authority cause government actions or government decisions to be null and void (nietig). If the IPPKH is procedurally flawed, it does not cause the government action or decision to be cancelled, but the existing deficiencies must be completed. If the deficiencies cannot be met, a cancellation can be requested, and not null and void. Keywords: maladministration; IPPKH; law enforcement; forest area
Online Loan Services in the Perspective of Islamic Law: Analysis of the Ijtima' Ulama Decision of the Indonesian Fatwa Commission VII of 2021 Regarding Online Loans Muhammad Nazar Nazar; Sitti Zahra Aulia Nazar
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
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Background: The increasing needs after the Covid-19 pandemic are often constrained by financial aspects. The ease of using money lending services, both conventionally and internet-based such as online loans, is an option that is quite profitable for the community on the one hand. However, on the other hand, online loans can cause losses.. Objective: The purpose of this study is to comprehensively discuss online loan services from an Islamic law perspective based on an analysis of the decision of the ijtima' ulama of the Indonesian fatwa commission VII in 2021 regarding online loans Methods: This article is a descriptive study that describes the existing facts. Other information is obtained from various verses of the Koran, Hadith, books, journals and other literature. Results: The results of the study show that debt based on the results of the decision of the ijtima' ulama of the Indonesian fatwa commission VII in 2021 is something that is recommended based on the principle of mutual assistance without an interest system, however, if in the implementation of the online loan service there is an element of usury, it is forbidden to do it, so it is better to abandon it. Therefore, it is necessary to find other alternatives by avoiding everything that has harmful value. Conclusion: Based on the ijtima'ulama decision of the VII fatwa commission throughout Indonesia in 2021 regarding online loans, several important matters were discussed: 1) tabarru contracts, 2) delaying payment times, making threats, giving an interest system is something that is forbidden. Therefore, the urgency regarding online loans should be avoided with good intentions and with great care. This is by considering the elements of mudharat which are likely to be more than maslahah. Keywords: Online Loans; Scholars; Islamic Law; 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
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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
Regional Regulation of the Mayor of Kendari Number 16 of 2014 concerning Smokefree Areas: A VRIO Analysis Approach Elfirah; Rini; Aswanty; Wiwied Tri Dayanti
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
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Background: Smoking has long been entrenched in Indonesian society, making cessation efforts particularly challenging. This behavior not only poses significant health risks to active smokers but also endangers non-smokers through secondhand smoke exposure. The incidence of non-communicable diseases (NCDs), both globally and nationally, continues to rise. According to the 2023 Indonesian Health Survey, in Southeast Sulawesi Province, 2.0% of individuals aged ≥10 years reported smoking daily, 1.2% smoked occasionally, 0.2% were former smokers, and 96.6% had never smoked. To protect the public from tobacco smoke, Kendari City enacted Regional Regulation No. 16 of 2014 on Smokefree Areas. Objective: This study aims to analyze the implementation of Kendari City Regional Regulation No. 16/2014 using the VRIO framework (Value, Rarity, Imitability, Organization) to assess policy effectiveness and formulate recommendations. Methods: A descriptive qualitative approach was applied, utilizing literature review as the primary method. Data were sourced from the official regulation document and relevant supporting literature. The VRIO analysis was used to examine internal and external factors influencing policy implementation. Results: The regulation holds strategic value in promoting public health and environmental quality. While similar regulations exist elsewhere in Indonesia, this policy offers a broader and more integrated scope. Its conceptual clarity and structured organizational support enhance replicability in other regions. Conclusion: Regulation Number 16/2014 serves as a vital instrument for tobacco control in Kendari City. Its successful implementation depends on sustained collaboration among government institutions, civil society, and community stakeholders.  Keywords: Smoking, Public Policy, Tobacco Control, VRIO Analysis
Analysis of Kendari Mayor's Regulation Number 4 of 2015 on Waste Management: A CIPP Approach Rina Ariani; Nurinti; Samsul; Histina
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
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Background: Local Regulation Number 4 of 2015 on Waste Management was enacted by the Kendari City Government to address the increasingly complex waste management issues resulting from rapid urban population growth and expanding economic activity. This regulation aims to establish an efficient and sustainable waste management system through active participation from multiple sectors, including government agencies, the private sector, and local communities. A central focus is building cross-sectoral partnerships to promote not only waste reduction but also effective waste processing and reuse. Objectives: This study aims to evaluate the implementation of Local Regulation Number 4 of 2015 using the CIPP (Context, Input, Process, Product) model to determine the policy’s effectiveness and offer recommendations for improvement. Methods: A qualitative descriptive approach was used, involving analysis of regulatory documents and supporting literature. The CIPP evaluation framework was applied to assess the policy’s development and execution in a structured manner. Results: The regulation provides a comprehensive legal foundation for waste management, encompassing all key stages: sorting, collection, transportation, processing, and final disposal. However, implementation is hindered by limited infrastructure, low public awareness, and weak supervision and enforcement. Conclusion: Although the regulation has significant potential to improve environmental health in Kendari, its effectiveness depends on enhancing infrastructure, increasing community education, and strengthening coordination across sectors. Recommendations include infrastructure upgrades, awareness campaigns, and stricter enforcement of regulations. Keywords: Waste Management, Local Regulation, Policy Evaluation, CIPP Model, Environmental Governance
Regulation of the Governor of Southeast Sulawesi Number 37 of 2020 concerning Amendments to Governor Regulation Number 9 of 2020 on Healthy Southeast Sulawesi Regional Health Insurance: A MOST Analysis Approach Waode Sitti Nurrokhmadani; Andi Rini Indriani Saedah; Sariyanti; Yuli Solihati
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
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Background: Equitable and high-quality access to health services is a key priority for regional governments. In Southeast Sulawesi, the Healthy Southeast Sulawesi Regional Health Insurance Program was established to provide health coverage for communities not yet included in the national health insurance scheme. To improve this program, the Governor of Southeast Sulawesi issued Regulation Number 37 of 2020, which amended Regulation Number 9 of 2020. This amendment aimed to strengthen administrative systems, financial governance, and supervisory mechanisms in the implementation of regional health insurance. Objective: This study aims to analyze the implementation of Governor Regulation Number 37 of 2020 using the MOST (Mission, Objectives, Strategy, Tactics) framework to assess the policy’s effectiveness and recommend areas for improvement. Method: The research uses a qualitative descriptive method through literature review. Data sources include the Governor Regulation and supporting documents. The MOST framework is applied to examine the internal structure and strategic approach of the policy. Results: The regulation introduces several strategies to enhance transparency and efficiency in managing regional health insurance funds. However, its effectiveness depends on adequate supervision, strong administrative support, and coordination among stakeholders. Conclusion: Governor Regulation Number 37 of 2020 is a strategic step toward equitable health service access. Its success requires strengthened institutional capacity, better interagency coordination, and continuous evaluation. Keywords: Regional Health Insurance, Health Policy, MOST Analysis, Health Financing, Southeast Sulawesi

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