International Journal of Law and Public Policy (IJLAPP)

The Impact of the Tigray War on Persons with Disabilities and the Failure of Humanitarian Responses

2026-10-06T14:30:48+00:00

This study examines the profound impact of the 2020-2022 war in Tigray on persons with disabilities with a focus on the failure of international humanitarian responses. Before the eruption of the war, approximately 169,000 persons with disabilities in Tigray received government support, but the war disrupted vital services, increasing vulnerability to violence, displacement, and exclusion. The study focuses on the psychological, economic, and social consequences of the war for persons with disabilities, alongside the insufficient intervention by local and international organizations. Using qualitative data from secondary sources, interviews (12) individual with disability and focus group discussions (2 group with total of 14 participant), key informant 9 total of 25 participant through purposive and snowball sampling techniques. The research identifies barriers such as institutional neglect, lack of disability-inclusive aid, and compounded vulnerabilities from intersecting factors like gender and age. The study suggests for policy reforms to improve humanitarian responses to persons with disabilities who have been affected by the war in order to ensure that t their rights and needs are addressed in future interventions.

Reconstructing Local Wisdom through Islamic Law: Public Policy and Health Implications of the Newborn River-Bathing Tradition

2026-10-01T10:16:37+00:00

This study analyzes the Nuron Nemiak Kaik tradition, a customary ritual of bathing newborn babies in rivers practiced in West Kalimantan, Indonesia from the dual perspectives of Islamic jurisprudence (‘urf and ḥifẓ al-nafs) and public health policies. Previous studies have predominantly addressed this ritual through an anthropological lens, creating a critical research gap regarding how local customary practices can be harmonized with formal child health protection standards and legal norms. Employing an empirical socio-legal method with semi-structured interviews across 14 key informants (customary leaders, religious scholars, healthcare practitioners, and parents), this study evaluates the legal and operational boundaries of cultural preservation. The findings reveal that while the ritual fosters communal solidarity and cultural identity, performing unheated river immersion during the early neonatal stage violates World Health Organization (WHO) neonatal thermal protection guidelines, posing severe risks of acute hypothermia and water aspiration. From an Islamic legal standpoint, the tradition cannot be categorized as ‘urf ṣaḥīḥ (valid custom) in its unedited form due to the violation of ḥifẓ al-nafs (preservation of life). However, rather than abolishing the practice, this study proposes a constructive legal reconstruction framework. Practically, local governments and village authorities are advised to institutionalize village-level public health regulations (Peraturan Desa) that mandate delaying the water ritual past the critical 24-hour neonatal threshold and substituting cold river immersion with symbolic water sprinkling using boiled, hygienic water.

Anticipatory Smart Governance: Public Policy Strategy for Urbanization Mitigation and Public Services in the IKN Buffer Zone

2026-09-30T01:07:11+00:00

The relocation of Indonesia's capital to the Nusantara Capital City (IKN) has fundamentally transformed the administrative and socio-economic landscape of Balikpapan City as its primary buffer zone and gateway. This study addresses the core research problem of how local government institutional capacity and public service frameworks adapt to rapid urbanization pressures driven by national-scale capital relocation. While existing literature predominantly frames smart governance through technological adoption, this study argues for a deeper structural alignment between data integration, inter-agency collaboration, and predictive policy capacity. Utilizing a qualitative case study design, empirical data were gathered through in-depth interviews with 18 key informants comprising municipal officials from key regional apparatus organizations (OPD) of Balikpapan, representatives from the IKN Authority (OIKN), and urban planning experts alongside rigorous document analysis and focus group discussions. Data were systematically processed and coded using NVivo 14 software to identify thematic nodes, with data validity established via source and methodological triangulation. The findings reveal that conventional digital applications are severely hindered by institutional fragmentation, entrenched “sectoral ego,” limited human resource capabilities, and bureaucratic silos. To overcome these barriers, the study introduces and advances the theoretical novelty of Anticipatory Smart Governance an integrated framework that synergizes cross-sector data integration, predictive demand forecasting, early warning mechanisms, and multi-level governance. Practically, this framework equips local governments to transition from reactive administrative firefighting to proactive, preventive policymaking. Theoretically, the study bridges the gap between urban mitigation studies and anticipatory public administration, offering a robust paradigm for secondary cities navigating metropolitan integration.

Reforming Banking Dispute Resolution in Indonesia’s Digital Era: A Comparative Legal Policy Analysis of LAPS SJK and the UK Financial Ombudsman Service

2026-10-20T03:20:19+00:00

Rapid expansion of digital banking has heightened the need for accessible and effective consumer redress, yet existing legal comparisons insufficiently connect institutional design with procedural fairness, enforceability, and regulatory reform. This study examines Indonesia’s Financial Services Sector Alternative Dispute Resolution Institution (LAPS SJK) and the United Kingdom’s Financial Ombudsman Service (FOS) to formulate context-sensitive reforms for banking dispute resolution in Indonesia. Employing normative legal research, it combines statutory and conceptual approaches with a functional comparative framework assessing legal authority, institutional independence, procedural fairness, the legal effects of dispute outcomes, and digital accessibility. Primary legal materials include OJK Regulation No. 61/POJK.07/2020, Law No. 4 of 2023 on Financial Sector Development and Strengthening, and the Financial Services and Markets Act 2000. The analysis finds that LAPS SJK offers mediation, arbitration, and binding opinions within an OJK-regulated framework, whereas the FOS applies a statutory fair-and-reasonable standard, with final determinations under its compulsory jurisdiction becoming binding upon acceptance by complainants. These differences reveal distinct legal pathways for obtaining and implementing consumer redress rather than establishing the empirical superiority of either system. The study contributes an integrated comparative legal-policy framework prioritizing stronger governance safeguards, clearer compliance and enforcement procedures, and more accessible digital complaint mechanisms within Indonesia’s regulatory architecture. Future empirical research should assess compliance with dispute outcomes, consumer experiences, and institutional performance to evaluate these proposals.

Application of Raja Ali Haji’s Public and Private Wealth Segregation Doctrine in Shifting the Burden of Proof and Asset Forfeiture

2026-10-19T05:53:39+00:00

Asset recovery remains a critical structural bottleneck in combating corruption within Indonesia's legal framework, primarily due to the commingling of legally acquired assets and illicit gains by public officials. This study analyzes the doctrine of public and private wealth segregation formulated by the 19th-century Malay-Islamic scholar Raja Ali Haji in his treatise Tsamarat al-Muhimmah, and its operationalization within modern anti-corruption mechanisms specifically the shifting burden of proof and Non-Conviction Based (NCB) asset forfeiture. Employing a normative legal research methodology utilizing historical, philosophical, and conceptual approaches, this paper examines how classical indigenous governance principles provide a solid doctrinal foundation for contemporary legal reforms. The findings demonstrate that Raja Ali Haji’s strict division between the public treasury (baitul mal) and private wealth establishes a fiduciary duty requiring public officials to justify any disproportionate accumulation of wealth. Integrating this local jurisprudential framework strengthens the philosophical justification for a reversed burden of proof in unexplained wealth cases and facilitates in rem asset recovery, thereby enhancing state financial recovery in Indonesia.