Syura: Journal of Law

Mediation of Divorce Disputes by the Village Government: The Perspective of Progressive Legal Theory and Maqasid Syariah Jasser Auda

Mawardi, Roibin, Musleh Harry — Sat, 04 Apr 2026 00:00:00 +0000

The increasing rate of divorce in Indonesia indicates that marital conflicts are no longer merely private matters but have evolved into broader social issues affecting community stability. In addition to litigation through religious courts, community-based alternative dispute resolution mechanisms emphasizing deliberation and local wisdom have developed, one of which is mediation conducted by village governments. This study aims to analyze the effectiveness of divorce dispute mediation carried out by the Village Government of Banra’as, Sumenep Regency, and to examine the practice from the perspectives of progressive legal theory and maqasid al-sharia as proposed by Jasser Auda. This research employs an empirical legal method with a qualitative approach. Data were collected through field observations, interviews with village officials and relevant stakeholders, as well as documentation studies, and were analyzed using descriptive-analytical techniques. The findings reveal that village mediation plays a significant role in reducing domestic conflicts and encouraging reconciliation between spouses before cases are brought to the religious court. From the perspective of progressive law, this practice reflects a humanistic, flexible, and substantively just legal approach. Meanwhile, from the perspective of maqasid al-sharia, village mediation represents an effort to preserve family welfare (hifz al-nasl), maintain social stability, and promote holistic societal well-being. Therefore, mediation conducted by village governments can be regarded as an effective and contextual dispute resolution model that aligns with both legal values and socio-religious norms.

Unregulated Self-Preferencing in ASEAN Digital Platform Ecosystems

Lu Sudirman, David Tan, Windi Afdal, Nur Fatihah, Rufinus Hotmaulana Hutauruk — Sat, 04 Apr 2026 00:00:00 +0000

The rapid expansion of digital platforms in Southeast Asia has intensified concerns regarding self-preferencing practices within vertically integrated ecosystems, which often operate in opaque and difficult-to-detect forms. This study examines the inadequacy of existing antitrust frameworks in Indonesia, the Philippines, and Vietnam in addressing such anti-competitive conduct. The research aims to assess the normative sufficiency of these legal systems and identify regulatory gaps in tackling self-preferencing in digital markets. This study employs a doctrinal legal research method combined with a comparative approach. The findings reveal that all three jurisdictions face significant limitations, particularly due to the absence of explicit prohibitions on self-preferencing mechanisms to address algorithmic bias, particularly in its early stage. Indonesia demonstrates the most substantial deficiencies, while the Philippines and Vietnam offer relatively more flexible interpretative tools, albeit still insufficient in addressing the complexities of digital ecosystems. The study concludes that the current, primarily ex-post approach in the relevant frameworks needs to be supported by an ex-ante mechanism, which leads the study to recommend the introduction of explicit legal recognition of self-preferencing and expansion of vertical integration provisions, along with other safeguards to prevent further competitive damage from self-preferencing.

Regulatory Gaps in Data Protection and Proportionality in Digital Banking: Legal Issues in ASEAN

Sun, 05 Apr 2026 00:00:00 +0000

This study examines the legal gaps in regulating data proportionality in ASEAN digital banking, particularly in Indonesia, the Philippines, and Malaysia. The main legal issue lies in the absence of clear standards governing the limitation, justification, and classification of personal data, which leads to excessive and potentially invasive data processing practices in digital banking systems. This research aims to examine the concept of data proportionality in digital banking and to assess the adequacy of legal frameworks governing data proportionality in Indonesia, the Philippines, and Malaysia in order to identify existing regulatory gaps. This study employs a normative legal research method with a comparative approach. The findings reveal that although all three countries have established data protection frameworks, none comprehensively integrate data proportionality into digital banking regulations, resulting in fragmented and ineffective legal protection. Indonesia lacks detailed standards and risk-based mechanisms, while the Philippines and Malaysia show regulatory gaps in governing conventional digital banking services. These weaknesses contribute to increased risks of privacy violations and legal uncertainty. Therefore, this study suggests the need for regulatory reform, including clearer data classification, proportionality standards, and mandatory risk assessments, to ensure a balance between digital banking innovation and the protection of consumer privacy rights.

The Legal Politics of Modern Retail Arrangement Based on Pancasila Values in the Protection of the People's Market

Abdul Wahab, Yorman — Mon, 27 Apr 2026 00:00:00 +0000

he purpose of this research is to formulate a legal policy of modern retail structuring that is oriented towards the value of Pancasila in protecting the people's market and maintaining the sustainability of the local economy in Central Lombok Regency. This study uses a socio-legal empirical research design by integrating normative legal analysis and spatial empirical approaches based on Geographic Information System (GIS) as well as qualitative interviews. The normative analysis is focused on Central Lombok Regency Regional Regulation Number 7 of 2021 concerning the Arrangement and Development of People's Markets, Shopping Centers, and Supermarkets. Meanwhile, empirical analysis was carried out through mapping 139 modern retail outlets, measuring distance to the people's market, field observations, and interviews with 24 informants consisting of market traders, local government officials, and modern retail managers. The results of the study show that the distribution of modern retail is concentrated in sub-districts with economic activity, such as Praya and Pujut. Of the 139 outlets, as many as 63 outlets are within a radius of less than 1 kilometer from the people's market, and some are very close, which causes asymmetrical competition between large capital and small traders. The implementation of the Regional Regulation is still formal administrative and does not reflect substantive protection of the people's market. The values of Pancasila, especially social justice and the people, have not been operationally internalized in the zoning, licensing, and supervision systems. This study concludes that the legal politics of modern retail arrangements need to be reoriented through the establishment of buffer zones to protect the people's market, the evaluation of permits based on socio-economic impacts, and the involvement of traders in the policy process so that the modern retail arrangement truly reflects the values of Pancasila and maintains the sustainability of the local economy.

Assessing the Regulatory Impact of Community-Based Forest Management on Ecosystem Sustainability and Community Livelihoods

Sukirno — Mon, 27 Apr 2026 00:00:00 +0000

This study addresses the problem of whether the Community-Based Forest Management (CBFM) program effectively integrates ecosystem conservation with improving the welfare of local communities. Despite its participatory approach, challenges remain in governance, transparency, and policy coordination. The objective of this research is to evaluate the effectiveness of CBFM implementation in achieving ecosystem balance while enhancing community livelihoods. The study employs a qualitative case study design with a descriptive-analytical approach. Data were collected through in-depth interviews, field observations, and documentation to obtain comprehensive insights into program implementation. The findings reveal that CBFM has contributed significantly to increasing vegetation cover, maintaining water resource stability, and reducing illegal logging practices. In addition, the program has improved local incomes, particularly in the Purwokerto area, through diversification of livelihoods based on non-timber forest products and agroforestry systems. However, its effectiveness is constrained by limited participatory governance, unequal benefit distribution, and weak cross-sectoral policy integration. This study contributes to the development of legal and policy frameworks by emphasizing the need for strengthened governance, transparency, and integrated policies to ensure sustainable forest management and equitable community welfare.