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Mohammad Fikri
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ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Published by LP3M Institut KH Yazid Karimullah
ISSN : 2962889X     EISSN : 29628903     DOI : 10.59246
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora is published by Islamic Sharia College Nurul Qarnain, Jember, East Java, Indonesia. The journal publishes articles of interest to education practitioners, teachers, education policy makers, and researchers. This journal encompasses research articles, original research report, reviews social studies. The journal is highly receptive to new research patterns and methods. The following articles will be issued for publication: political sciences, social, law, and humanities, etc.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 385 Documents
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Multikulturalisme di Ruang Urban: Dinamika Politik Perkotaan dan Peran SETARA Institute dalam Kasus Intoleransi terhadap Minoritas Agama Cendana Anabel; Naura Rania Bari; Silvia Zahra Zahira; Aniqotul Ummah; Chomariyana Kartika Hesti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/e3xw5q04

Abstract

Urban spaces are often imagined as inclusive environments where diverse religious identities coexist. In reality, urban political dynamics, power distribution, and relations between majority and minority groups frequently create unequal recognition toward religious minorities, leading to discrimination and intolerance. An analysis through Charles Taylor’s Politics of Recognition reveals how urban political dynamics shape religious intolerance and how SETARA Institute responds through advocacy efforts. A qualitative descriptive approach was used. Primary data were collected through semi structured interviews with the Coordinator of Indonesian Social Inclusion and Security Studies at SETARA Institute, while secondary data were obtained through documentation studies consisting of journals, books, news articles, and official publications from SETARA Institute. The findings show that intolerance in urban areas remains closely tied to exclusionary governance and weak institutional protection, placing minority groups in vulnerable positions. SETARA Institute strengthens advocacy through documenting violations of freedom of religion and belief, developing the Tolerant City Index, producing empirical research, and promoting human rights based policies.
Perbandingan Perspektif Hukum Positif dan Hukum Pidana Islam dalam Asas Legalitas Ananda Dewi Maharani; Syahrul Anwar
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/xqdt4329

Abstract

The principle of legality constitutes a foundational doctrine in criminal law, serving to ensure legal certainty and protect individuals from arbitrary punishment. This study examines the legality principle from a comparative perspective between modern criminal law and Islamic criminal law through normative legal research employing comparative and historical approaches. The analysis reveals that both legal systems share a common commitment to legal certainty, accountability, and the protection of individual rights by requiring a legal basis for criminal liability and punishment. However, significant differences emerge in their sources of law and underlying philosophical orientations. Modern criminal law primarily derives legitimacy from statutory regulations and emphasizes formal legality, whereas Islamic criminal law integrates divine revelation, moral values, and the objectives of maqashid al-shari’ah in determining criminal responsibility and sanctions. Consequently, the legality principle in Islamic criminal law encompasses not only procedural certainty but also substantive justice and social welfare considerations. The findings highlight the relevance of Islamic criminal law values in enriching contemporary criminal law reform, particularly within pluralistic societies. Integrating substantive justice principles with modern legal frameworks may contribute to the development of a more humane, balanced, and socially responsive criminal justice system.
Efektivitas Kuota Gender dalam Sistem Pencalonan Pemilu terhadap Keterwakilan Perempuan di DPR RI Vallerian Antaresa; Muhammad Fahreza Ramadan; Muhammad Putra Tyanto; Aniqotul Ummah; Chomariyana Kartika Hesti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/89bqzg36

Abstract

Gender quota policies constitute an important affirmative action mechanism for promoting women’s political representation in democratic institutions. This study investigates the effectiveness of gender quotas in Indonesia’s electoral nomination system and examines the political and social factors shaping their implementation in the House of Representatives (DPR RI). Employing a descriptive qualitative approach, the analysis is grounded in theories of political representation and gender quotas. The findings indicate that quota regulations have contributed to a significant increase in the number of women candidates and improved women’s descriptive representation in parliament. Nevertheless, greater numerical representation has not been consistently translated into stronger substantive influence over legislative decision-making and policy outcomes. The effectiveness of quota implementation remains constrained by internal political party recruitment processes, the dynamics of the open-list proportional electoral system, unequal access to political resources, and the persistence of patriarchal norms that limit women’s participation in politics. These structural and cultural barriers continue to affect women’s electoral competitiveness and political influence. Strengthening women’s representation therefore requires not only quota-based regulations but also institutional reforms within political parties, improved access to political resources, and broader transformations in political culture to ensure more equitable and meaningful democratic participation.
Tata Kelola Kolaboratif dalam Penanggulangan Genangan Air di Jalan Temanggung Tilung Kota Palangka Raya Muhammad Aji Fahreji; Mutia Zakia Rahma; Lie Aditya Pratama; Aina Jannah; Leviano Rafly; Marvy Ferdian Agusta Sahay
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/zh834a92

Abstract

Waterlogging in Jalan Temanggung Tilung, Palangka Raya City, frequently occurs during periods of high rainfall and affects community activities. This study aims to analyze collaborative governance in addressing water inundation and to identify the roles of the stakeholders involved. The research employed a qualitative descriptive approach using interviews, observation, and documentation as data collection techniques. The findings indicate that water inundation is influenced by topographical conditions, urban development, and limited drainage capacity. Collaborative governance has been implemented through inter-agency coordination, clear role distribution, and community participation in development planning forums. However, several challenges remain, including budget limitations, low public awareness of drainage maintenance, and technical obstacles in the field. Therefore, stronger collaboration among stakeholders is needed to improve the effectiveness of water inundation management in Palangka Raya City.
Partisipasi Politik Masyarakat pada Pilkada Ulang Kota Pangkalpinang dan Kabupaten Bangka Tahun 2025: Perspektif Participatory Democracy Annaml Salma Jaffis; Tata Dwi Syintia; Nadira Ramadani; Serlyani Rizky Octaria; Suci Aprilia
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/zbdf4593

Abstract

The re-run local elections in Pangkalpinang City and Bangka Regency following the victory of the blank box option in the 2024 simultaneous local elections provide an important context for understanding contemporary patterns of political participation in Indonesia. This study explores the forms, levels, and determinants of political participation through a qualitative multiple-case study comparing urban and rural communities. Data were collected through in-depth interviews with 14 informants, complemented by document analysis and literature review, and analyzed using the interactive model of Miles, Huberman, and Saldaña. The findings indicate that political participation extends beyond voting behavior to include involvement in election campaigns, political discussions, and electoral oversight activities. Participation levels are shaped by the interaction of structural, institutional, and cultural factors. Structural determinants include educational attainment, economic conditions, access to information, and social media utilization. Institutional factors encompass the performance of electoral management bodies, political socialization processes, and public trust in political institutions. Cultural influences involve political values, community leadership, and patronage networks. The study further reveals distinct participation patterns between urban and rural communities, with urban voters tending to demonstrate more rational and autonomous political behavior, while rural participation remains strongly influenced by social relations and local leadership structures.
Tata Kelola Aksesibilitas Layanan Publik bagi Perempuan Penyandang Disabilitas di Perkotaan dalam Perspektif Komunitas Spooniestory Alita Aura Zahir; Calista Mutiara Uma; Nabilah Nameera Ruzdi; Aniqotul Ummah; Chomariyana Kartika Hesti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/42xpcs62

Abstract

The realization of accessible public services is a crucial requirement for creating an inclusive urban environment for all, including women with disabilities. However, in practice, this group still faces various obstacles that limit their access to public services. This study aims to describe the accessibility of public services, identify various obstacles experienced by women with disabilities, and analyze the governance and implementation of accessibility policies from the perspective of the Spooniestory Community. The research was conducted using a qualitative approach through observation, interviews, documentation, and document studies. The results show that some public services have attempted to provide more disability-friendly facilities, but their implementation remains uneven and does not fully meet the needs of women with disabilities, particularly those with invisible disabilities. Obstacles identified include limited facilities, social stigma, gender-based discrimination, and services that do not fully understand user needs. These findings emphasize that accessibility is determined not only by the availability of physical facilities, but also by inclusive governance and the ability of public policies to accommodate the experiences of vulnerable groups.
Dinamika Self-Censorship dalam Musrenbang: Analisis Faktor dan Dampaknya terhadap Representasi Aspirasi Masyarakat di Kota Surabaya Alita Aura Zahir; Calista Mutiara Uma; Cendana Anabel; Nabilah Nameera Ruzdy; Ridwan Ridwan; Gema Pertiwi
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/sfyr4h88

Abstract

The Development Planning Conference (Musrenbang) is a forum for public participation in the preparation of regional development plans. However, discussions on the socio-psychological factors that influence the quality of public participation in Musrenbang remain understudied. This study aims to analyze the phenomenon of self-censorship in the Surabaya City Musrenbang and its impact on the representation of public aspirations. The study used a qualitative approach with a case study design and the self-censorship theory from Bar-Tal (2017). Research data were obtained through a literature review including scientific journals, books, online news, and official government publications. The results show that self-censorship practices are still found in the implementation of Musrenbang due to low confidence in the effectiveness of aspirations, limited understanding of development planning mechanisms, and obstacles in utilizing available participation spaces. These conditions have an impact on the less than optimal representation of public aspirations in the regional development planning process.
Perlindungan Hukum Hak Kreditor dalam Sita Umum Kepailitan yang Bersinggungan dengan Sita Pidana Korupsi Hendra Parulian; Iwan Erar Joesoef; Heru Sugiyono
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/20wdpq51

Abstract

The intersection between general bankruptcy seizures and criminal seizures in corruption cases raises legal issues because it brings together private and public law regimes regarding the same object, namely the assets of the bankrupt debtor. This study aims to analyze the status of general bankruptcy seizures that conflict with criminal seizures for corruption, as well as the forms of legal protection for creditors’ rights based on Decision No. 16/Pdt.Sus-GLL/2017/PN. Niaga Jkt. The research method employed is normative legal research using a statutory approach, a case-based approach, and a conceptual approach, supported by primary, secondary, and tertiary legal sources. The research findings indicate that the panel of judges accepted the absolute jurisdiction exception and ruled that objections regarding the validity of criminal seizures fall within the jurisdiction of the criminal courts through the pre-trial mechanism. From the perspective of bankruptcy law, all assets of a debtor declared bankrupt are subject to general seizure for the benefit of all creditors, whereas criminal corruption law grants the authority to seize assets for the recovery of state losses. The conflict between these two regimes has the potential to hinder the liquidation of the bankrupt estate, delay the payment of creditors’ claims, and create legal uncertainty. Therefore, harmonization between bankruptcy law and criminal corruption law is necessary so that the protection of creditors’ rights and the interests of the state can be carried out in a balanced manner.
A Green Criminology Perspective on the DPA Mechanism: Corporate Impurity in Environmental Crimes Post the Job Creation La Arif Rahman Hakim; Evi Retno Wulan
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/82gepc50

Abstract

Environmental protection in Indonesia faces increasingly serious structural challenges following the enactment of the Criminal Procedure Law Number 20 of 2025 (the Criminal Code / KUHP), which for the first time introduces the Deferred Prosecution Agreement (DPA) mechanism for corporations. This study aims to: (1) analyze the normative framework of the DPA mechanism under Article 328 of the 2025 Criminal Code and assess its alignment with the principle of primum remedium as well as the constitutional right to a clean and healthy environment as guaranteed by Article 28H of the 1945 Constitution; (2) identify normative conflicts between the 2025 Criminal Code, Law Number 32 of 2009 on Environmental Protection and Management (UUPPLH), Law Number 1 of 2023, and Law Number 6 of 2023 concerning Job Creation; and (3) formulate minimum normative standards to ensure that criminal proceedings in environmental crimes are constitutional and in line with the principles of ecological justice. This study employs a normative legal research method through a statutory approach and a conceptual approach grounded in a green criminology perspective. The findings indicate that the simultaneous interaction among the Job Creation Law, the 2023 Criminal Code, and the 2025 Criminal Code collectively constructs a three-layered "architecture of corporate impunity" in environmental crimes. There is a substantive conflict of norms between Article 328 of the 2025 Criminal Code and Article 85(2) of the Environmental Protection and Management Law, which prohibits out-of-court settlements for environmental crimes, without an explicit harmonization clause. This study concludes that the DPA has the potential to become an instrument that institutionalizes corporate impunity if it is not accompanied by three minimum normative criteria: restricting the scope of offenses, the obligation for ecological restoration based on independent scientific assessments, and a monitoring mechanism involving technical ecological institutions and affected communities.
The Vagueness of Norms on Attempted Cybercrimes in Article 17 Paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code Rony Wijaya; Evi Retno Wulan
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/xx6p7106

Abstract

The development of digital technology has given rise to new forms of crime that are fundamentally different from conventional offenses. This study examines the normative ambiguity surrounding attempted offenses in cybercrimes under Law Number 1 of 2023 concerning the Criminal Code (the New Criminal Code/New KUHP) and the Electronic Information and Transactions Law (the EIT Law/UU ITE). Article 17 Paragraph (1) of the New Criminal Code stipulates that for an attempt to be punishable, there must be intent, the commencement of execution, and the non-completion of the act due to circumstances independent of the perpetrator’s will. However, this concept was constructed upon the paradigm of conventional crime, which is physical and linear. Consequently, it creates serious complications when applied to cybercrimes that are virtual, automated, and simultaneous in nature. Furthermore, the formal offense characteristics found in several articles of the EIT Law logically clash with the doctrine of criminal attempt, which inherently requires the non-completion of an act. Using a normative legal research method, this study demonstrates that the phrase "directly potential to cause a criminal offense" in Article 17 Paragraph (2) of the New Criminal Code contains clear normative ambiguity. This ambiguity potentially leads to overcriminalization (an excessive application of criminal law where it encompasses too many actions, including activities that have not yet caused real harm or remain within the scope of legitimate use) of incomplete cybercrimes. Concurrently, it risks undercriminalization (an inadequate application of criminal law where it fails to encompass substantively dangerous acts due to limitations or ambiguity in the formulation of legal norms) regarding legitimate digital activities. To address this ambiguity, normative harmonization and law enforcement guidelines based on technical understanding are urgently required. The novelty of this study lies in formulating normative-functional parameters to determine the threshold for the 'commencement of execution' in cybercrimes under Article 17 Paragraph (2) of the New Criminal Code—an area left undeveloped in prior research. Concretely, the proposed functional-technical parameters focus on the cumulative intensity of technical actions, the degree of the perpetrator’s control over automated processes, and the objective manifestation of criminal intent to measure the direct risk posed to the target electronic system.

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