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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 63 Documents
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Beyond Tolerance: Understanding Cultural Recognition, Discrimination Awareness, and Social Harmony Among Multicultural University Students in Southeast Sulawesi, Indonesia Hartini Hartini; Hendra Hendra; Erens E. Koodoh; Aghista Febriyani
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2065

Abstract

Background: Indonesia's multicultural society, characterised by ethnic, linguistic, religious, and cultural plurality, presents both opportunities and challenges for social cohesion. University campuses, as microcosms of this diversity, serve as critical sites where young adults negotiate cultural identities, construct intergroup attitudes, and enact or contest practices of recognition and tolerance. Despite extensive scholarly attention to multiculturalism at the macro level, empirical evidence on how undergraduate students in eastern Indonesia subjectively experience and interpret cultural diversity remains limited. Objective: This study aims to explore students' conceptual understanding of multiculturalism, their attitudes toward cultural recognition and minority rights, patterns of intergroup interaction, awareness of prejudice and discrimination, and hopes for future social integration within a multicultural campus environment in Southeast Sulawesi, Indonesia. Methods: A qualitative phenomenological approach was employed. Semi-structured in-depth interviews were conducted with 16 purposively selected undergraduate students from six different departments at the Faculty of Humanities (Fakultas Ilmu Budaya), Halu Oleo University, Kendari, between December 2025 and January 2026. Participants represented diverse ethnic backgrounds including Tolaki, Muna, Buton, Bugis, and Wawonii. Data were collected across six thematic dimensions: (1) conceptual understanding of multiculturalism; (2) cultural recognition and minority rights; (3) social interaction and intergroup relations; (4) prejudice and discrimination; (5) future aspirations and social hope; and (6) personal and emotional experiences of cultural identity. Thematic analysis was applied to identify recurring patterns and divergent perspectives across informants. Results: Findings reveal that while most participants articulated a positive orientation toward cultural diversity viewing it primarily as a social resource rather than a threat their understanding of multiculturalism tended to remain anchored in tolerance as passive coexistence, rather than active recognition or structural inclusion. Participants from majority-Muslim, ethnically homogeneous home environments demonstrated lower sensitivity to minority experiences compared to those with direct exposure to cultural otherness. Subtle forms of discrimination, particularly verbal microaggressions and exclusionary language use, were widely reported yet frequently normalised as harmless humour. The role of education was consistently valorised, while government policy implementation was critiqued as inconsistent and insufficiently protective of indigenous and minority group rights. Social media was identified as a dual-edged force capable of both bridging and exacerbating cultural divisions. Participants broadly endorsed a vision of integration as 'unity in diversity' (Bhinneka Tunggal Ika), emphasising coexistence without cultural assimilation. Conclusions: The study underscores the need to move beyond tolerance-centred frameworks toward deeper engagement with recognition, equity, and structural justice in multicultural education. Campus environments in culturally diverse regions of Indonesia can serve as transformative spaces for intercultural learning, provided that curricula, institutional policies, and social norms actively affirm the value of minority identities. These findings contribute to the broader discourse on multiculturalism in postcolonial, multi-ethnic societies and offer grounded insights for educators, policymakers, and practitioners working to strengthen social cohesion in Southeast Sulawesi and comparable contexts. Keywords:  cultural recognition; cultural diversity; minority rights; university students; Bhinneka Tunggal Ika
Pilkada Serentak and Constitutional Compliance: Fiscal Rationalization vs. the Quality of Local Political Representation in Decentralized Indonesia Jabaruddin Jabaruddin
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2075

Abstract

Background: Indonesia’s simultaneous regional elections (Pilkada serentak) constitute a key component of post-Reformasi decentralization. While designed to strengthen democratic local governance, recent fiscal rationalization policies have increased central control over election financing, raising concerns about their impact on substantive democratic representation. Objectives: This study examines whether fiscal rationalization in Pilkada implementation supports or undermines constitutional principles of democratic, participatory, and accountable local government. It analyzes the constitutional framework of Pilkada, identifies key fiscal rationalization mechanisms, and evaluates their effects on local political representation. Methods: A qualitative normative empirical approach was employed. Normative analysis examined the 1945 Constitution, electoral and regional governance laws, fiscal decentralization regulations, and Constitutional Court decisions. Empirical analysis was conducted through comparative case studies of regional election budget management. Results: Four major mechanisms were identified: NPHD budget revisions, APBD burden-shifting, compressed electoral timelines, and intensified central fiscal steering under Law No. 1 of 2022. These mechanisms reduced electoral capacity, limited voter-candidate engagement, and disproportionately affected less-resourced regions. Although elections formally complied with constitutional requirements, substantive representation was weakened, creating a persistent gap between procedural legality and democratic quality. Conclusion: Fiscal rationalization has strengthened formal compliance but constrained substantive democratic representation. Greater fiscal stability and regional autonomy are needed to ensure competitive, equitable, and accountable local elections. Keywords: fiscal rationalization; Pilkada serentak; constitutional compliance; democratic representation; decentralization.
Duplicate Land Certificates and Good Faith Buyers: Legal Vulnerability and Judicial Protection in Indonesian Property Law Karmila Karmila
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2076

Abstract

Introduction: Duplicate land certificates represent a critical source of legal uncertainty in Indonesia's agrarian system. Administrative negligence and weak verification procedures by the National Land Agency (BPN) have enabled overlapping certificate issuance, placing good faith buyers in a position of structural vulnerability where formally valid titles may still be annulled. Objectives: This study examines the legal position of good faith buyers confronted with duplicate certificates, the allocation of responsibility between BPN and private parties, and patterns of judicial reasoning in resolving such disputes. Method: A normative juridical method was employed, combining statutory analysis of the UUPA, Government Regulation No. 24/1997, and Supreme Court Circular Letters (SEMA) No. 7/2012 and No. 4/2016, with qualitative content analysis of selected judicial decisions and a conceptual framework of preventive versus repressive legal protection. Results: Four protection categories were identified—preventive, repressive, administrative, and digital—each operating with significant doctrinal inconsistencies. Courts inconsistently applied good faith standards, BPN liability was rarely enforced, and electronic certificates addressed forgery risks without resolving existing overlaps. Conclusion: Effective protection for good faith buyers requires substantive legislative reform, including binding codification of good faith doctrine, a dedicated state compensation mechanism for registration errors, and systematic registry data cleansing beyond current e-certificate initiatives.
Legal Authority of Regional Governments in Mineral Mining Licensing: Justice and Welfare Perspectives in Southeast Sulawesi, Indonesia Sabri Guntur
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2079

Abstract

Background: Recentralization of Mining Business License (IUP) authority under Law No. 3 of 2020 has generated legal and governance concerns regarding regional autonomy and distributive justice. Objectives: This study examines the legal basis, historical development, and effectiveness of regional mining licensing authority in Indonesia. Methods: A qualitative socio-legal approach combined normative legal analysis with empirical data from interviews and regional revenue statistics in Southeast Sulawesi. Results: Findings indicate that regional licensing authority is constitutionally grounded, while recentralization has reduced regional mining revenues and created normative conflicts with decentralization principles. Legal substance, territorial characteristics, institutional capacity, and legal culture significantly influence licensing effectiveness. Conclusion: Restoring provincial authority over metallic mineral licensing is necessary to promote distributive justice, strengthen regional welfare, and improve governance. Keywords: regional government authority; mineral mining licensing; distributive justice; decentralization.
From Paddles to Engines: Modernization, Social Capital, and Adaptive Strategies of Bajo Sea Nomads in Coastal Southeast Sulawesi Pendais Hak; Abdul Sakti; Khabiirun Khabiirun; Alimin Alwi
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2108

Abstract

Background: The Bajo community of Pulau Saponda, Southeast Sulawesi, Indonesia, is one of Southeast Asia’s most prominent sea-nomad societies. Since the late 1980s, the transition from paddle-and-sail boats to motorized vessels has transformed fishing practices, market access, and social organization. However, the role of social capital and local institutions in shaping adaptation to fishery modernization remains insufficiently understood. Objectives: This study examines the impacts of fishery modernization on the Bajo community and explores the ecological, socio-cultural, and economic strategies developed to adapt to these changes. Methods: A qualitative ethnographic approach was employed. Fieldwork was conducted in June 2020 with five purposively selected male informants representing diverse fishing activities and generational experiences. Data were collected through in-depth interviews, participant observation, and field notes, then analyzed thematically using established qualitative procedures. Results: Motorization expanded fishing ranges, reduced travel time, improved market integration, and increased productivity, while also reinforcing socioeconomic inequalities between vessel owners. Social capital, expressed through mutual aid, inter-household networks, and informal patron-client credit arrangements, remained central to community resilience but provided limited access to external institutions. Adaptive strategies included shifting fishing grounds, aquaculture, livelihood diversification, educational investment, knowledge exchange, and participation in conservation initiatives. Modernization also contributed to the decline of traditional practices, oral traditions, and communal labor systems. Conclusion: Fishery modernization has simultaneously enhanced economic opportunities and intensified social differentiation. Although strong bonding social capital supports resilience, limited bridging connections constrain broader development opportunities. Strengthening microfinance access, community-based fisheries governance, and cultural preservation programs may improve both livelihood sustainability and cultural resilience. Keywords: Bajo people; fishery modernization; social capital; adaptive strategies; livelihood diversification
Multiculturalism and Human Rights: Navigating the Tension Between Cultural Relativism and Universal Norms Among Indonesian University Students Faika Burhan; Abdul Jalil; Faza Achsan Baihaqi; Rayhan Hadiansah
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2136

Abstract

Background: The relationship between multiculturalism and human rights (HAM) represents one of the most persistent and productive tensions in contemporary political philosophy, legal theory, and social science. Since the adoption of the Universal Declaration of Human Rights (UDHR) in 1948, scholars and practitioners have grappled with a fundamental question: can a universalist framework of rights coexist with the deep diversity of cultural, religious, and customary systems that characterize human societies Objectives: This study examines the perceptions and attitudes of Indonesian university students toward the tension between cultural relativism and universal human rights norms within a multicultural society. Method: Drawing on in-depth interviews with twelve informants from diverse academic disciplines at Universitas Halu Oleo, this qualitative research explores how young Indonesians conceptualize human rights in relation to cultural identity, gender equality, religious freedom, and state governance. Result: Findings reveal that participants generally affirm the universality of core human rights principles while simultaneously acknowledging the contextual importance of local cultural values. Tensions most frequently arise in three domains: women's rights and gender-based customary practices, the accommodation of minority religious identities in majority-dominated spaces, and the relationship between customary law (hukum adat) and national legal frameworks. Conclusion: The study contributes to ongoing scholarly debates on multicultural human rights education and highlights the need for dialogic approaches that bridge international norms with culturally embedded value systems in the Indonesian context. Implications for curriculum development and intercultural policy are discussed. Keywords: multiculturalism, human rights, cultural relativism, university students, religious freedom
Religious Freedom and Multicultural Coexistence: A Qualitative Study of Students' Lived Experiences at Halu Oleo University, Kendari Hasniah Hasniah; Yuyun Hendrawati; Abdul Rahman; Rayhan Hadiansah
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2137

Abstract

Background: Kendari is  home to a diverse array of indigenous ethnic communities—including the Tolaki, Muna, Buton, and Konawe peoples—alongside migrant populations from across the archipelago, the city exhibits a complex mosaic of cultural and religious identities. Halu Oleo University (UHO), as the leading public university in the region, aggregates this diversity within its student body, creating a microcosm of broader Indonesian multiculturalism. Objectives: This study examines the lived experiences of religious freedom and multicultural coexistence among students at Halu Oleo University (UHO), Kendari, Southeast Sulawesi, Indonesia. Method: Employing a qualitative approach with in-depth interview methods, this research explores how university students perceive, navigate, and negotiate religious diversity in their daily social environments. Data were collected through semi-structured interviews with eight student informants representing diverse academic disciplines within the Faculty of Cultural Sciences. Result: The findings reveal that while students generally uphold mutual respect and tolerance as core values in everyday interactions, several structural and cultural tensions persist—including the dominance of majority religious practices, procedural barriers to house-of-worship construction, and the amplifying role of social media in religious tensions. Students consistently identified community dialogue, traditional leaders' mediation, and local cultural values such as gotong royong (communal cooperation) as key mechanisms for sustaining harmony. Conclusion: This research contributes to broader understandings of multiculturalism in Indonesian higher education contexts and highlights the need for more inclusive policy frameworks to protect religious minority rights. Keywords: religious freedom, multiculturalism, coexistence, Indonesian university students
Between Tradition and Reform: Maqāṣid al-Sharīʿah and the Transformation of Islamic Family Law in Indonesia Wa Ode Zuliarti; Muhammad Ibnu Rasyid; Novita Aliasari; Akmal Surianto; Muhammad Yusuf Mutahir; Mustika Mustika; Muhammad Luthfi; Muhammad Rayhan Pratama; Nailah Nailah
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2145

Abstract

Background: Islamic family law in Indonesia is undergoing profound transformation, navigating tensions between classical fiqh, national legislation, and contemporary demands for gender justice and human rights. Central to this transformation is Maqāṣid al-Sharīʿah, the objectives-based framework of Islamic jurisprudence, which has emerged as the primary normative instrument for legitimizing and directing legal reform in areas including marriage, divorce, child custody, and property rights. Objectives: This study examines how Maqāṣid al-Sharīʿah functions as a jurisprudential foundation for reforming Indonesian Islamic family law, with particular focus on the elevation of the minimum marriage age, mandatory civil registration, and post-divorce property rights. Method: A qualitative doctrinal-legal design was employed, combining normative analysis of primary legal texts (Law No. 1/1974, Law No. 16/2019, and the KHI) with a purposive review of 24 peer-reviewed international sources. Data were analyzed thematically using a three-layered hermeneutical framework grounded in the five essential maqāṣid objectives. Results: Findings reveal that each legislative reform aligns coherently with the maqāṣid principles of preserving life, lineage, intellect, and property: the age amendment reduces maternal mortality and child poverty; mandatory registration safeguards women’s and children’s legal personhood; and codification of marital joint property prevents post-divorce economic dispossession. Conclusion: Indonesian Islamic family law reform exemplifies a “third pathway” progressive maqāṣid jurisprudence that remains anchored in classical Islamic legal tradition while generating outcomes that protect human dignity and converge with international human rights standards, offering a replicable model for Muslim-majority states navigating analogous reform pressures. Keywords: maqāṣid al-sharīʿah; Islamic family law; legal reform; gender justice
Political Dynamics in Health Policy Planning in Konawe Kepulauan Regency Ramadhan Tosepu; Rini Agustia Amin
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2146

Abstract

Background: Political dynamics play a critical role in shaping health policy planning, particularly in decentralized governance settings where multiple actors, interests, and institutional constraints interact. In Indonesia’s island regions, limited evidence exists on how political processes influence local health policy planning. Understanding these dynamics is important for strengthening inclusive and responsive health governance. Objectives: This study aimed to analyze the political dynamics influencing health policy planning in Konawe Kepulauan Regency, Indonesia, with particular attention to leadership, power relations, stakeholder participation, and structural challenges shaping policy processes. Methods: This study employed a qualitative case study design using an interpretive approach. Data were collected through in-depth semi-structured interviews with six purposively selected informants representing government, legislature, professional organizations, and civil society actors involved in health policy planning. Relevant policy documents were also reviewed to complement interview data. Data were analyzed using thematic analysis following Braun and Clarke’s framework, supported by the interactive model of Miles and Huberman. Results: The findings generated four major themes: political governance in health policy planning, power relations and political negotiation, community participation and inclusive governance, and structural and political challenges in health planning. Executive leadership emerged as a dominant force in agenda setting and priority determination, while policy planning involved negotiation among multiple actors through budgeting and deliberative processes. Participatory mechanisms, particularly community forums and stakeholder engagement, contributed to more inclusive planning. However, fiscal limitations, political will, and health system capacity constraints significantly shaped policy feasibility and implementation. Conclusion: Health policy planning in Konawe Kepulauan Regency is shaped not only by technical considerations but also by complex political dynamics involving leadership, negotiation, participation, and structural constraints. Understanding health planning through a political governance lens highlights the importance of collaborative and context-sensitive approaches to strengthen decentralized health policy processes. Keywords: health policy planning; political dynamics; collaborative governance; decentralization; local governance
The Politics of Health Policy in Bombana District: A Qualitative Analysis of Interactions among Government, Legislature, and Stakeholders Ramadhan Tosepu; Devi Savitri Effendy; Intan Anugrah Pratiwi
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2151

Abstract

Background: Health policymaking is inherently political, shaped by interactions among government institutions, legislatures, and diverse stakeholders. In decentralized settings such as Indonesia, these interactions influence agenda setting, resource allocation, implementation, and policy change. However, limited evidence exists on the political dynamics underpinning local health policymaking at the district level. Objectives: This study aimed to explore the politics of health policymaking in Bombana District through an analysis of interactions among government actors, legislative institutions, and key stakeholders. Methods: A qualitative study design was employed using in-depth interviews with six purposively selected key informants representing government, legislative, professional organizations, health service providers, and civil society. Data were analyzed using thematic analysis informed by policy network and advocacy coalition perspectives. Results: Six major themes emerged: policy actor networks, advocacy coalitions and competing interests, health policy formulation processes, power relations and political negotiation, policy implementation dynamics, and policy change and learning. Findings revealed that executive actors held dominant influence in agenda setting and resource allocation, while policymaking was also shaped by negotiation, coalition-building, and inter-actor collaboration. Implementation was constrained by resource limitations and political dynamics, whereas policy learning supported adaptation and change. Conclusion: Health policymaking in Bombana operates as a networked and politically mediated governance process rather than a purely technical exercise. Strengthening collaborative governance, participatory decision-making, and evidence-informed policy processes may improve health policy responsiveness and implementation in decentralized settings. Keywords: health policy politics; policy networks; advocacy coalitions; decentralized governance; qualitative study

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