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Nango, Hamdan; Waraga, Moh. Suryansyah R.; Moonti, Roy Marthen; Kasim, Muslim A.

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper discusses in depth the juridical review of the Draft Law on the Indonesian National Army (RUU TNI), by highlighting two key principles in the Indonesian constitutional system, namely civilian supremacy and the principle of the rule of law. Civilian supremacy places civilian authorities - especially the president and parliament - above military institutions in state policy-making, as a guarantee that military power does not become an autonomous force that can intervene in civilian political and governance processes. In this context, the role of the TNI must be placed proportionally and in accordance with the mandate of the constitution, especially Article 30 of the 1945 Constitution which affirms that the TNI as a means of state defence is subject to state policies and political decisions.Through a normative-analytical approach, this article examines the substance of the TNI Bill, including clauses governing the TNI's main tasks, its involvement in military operations other than war (OMSP), as well as authorities that could potentially have multiple interpretations if not accompanied by strict legal supervision and restrictions. Although this bill appears to respond to global dynamics in modern military governance, a number of provisions in it raise concerns about the imbalance between civilian and military power. If not anticipated with an effective civilian control system and transparent accountability mechanisms, the TNI Bill has the potential to deviate from the principles of the rule of law.

Moonti, WIndah; Moonti, Roy Marthen

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Pretrial is an important instrument in the Indonesian criminal justice system that serves as a control mechanism against arbitrary actions of law enforcement officials, especially in the determination of suspect status. This study aims to analyze the effectiveness of pretrial institution in overturning invalid suspect determination and its impact on the protection of human rights and legal certainty. The method used is normative legal research with legislative approach and case study. The results of the study show that although pretrial has been strengthened through Constitutional Court Decision No. 21/PUU-XII/2014, in practice its effectiveness is still limited due to inconsistency of decisions, lack of access to investigation documents, and potential abuse by certain parties. Pre-trial decisions that invalidate suspect determinations have a substantive impact in upholding the principle of presumption of innocence and due process of law. However, in order for it to function optimally, reform of KUHAP, training of judges, digitization of the judicial process, and strong public oversight are required. Thus, pretrial can play a strategic role in maintaining substantive justice and the integrity of the legal system in Indonesia.

Ahaya, Siska; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Constitutional Court (MK) Decision Number 55/PHPU.BUP-XXIII/2025 is an important precedent in the dynamics of regional head election law in Indonesia. The Constitutional Court canceled the participation of the North Gorontalo Regent candidate pair because one of the candidates was still undergoing a criminal probation period. This article analyzes the Constitutional Court's legal considerations and their implications for the principle of legal certainty and protection of voters' constitutional rights. This study uses a normative legal approach with a descriptive-qualitative analysis method of laws and regulations and Supreme Court decisions. The results show that the enforcement of strict nomination requirements by the Constitutional Court emphasizes the importance of compliance with the law in the democratic process, while ensuring that regional head candidates have proper moral and legal integrity, this decision also emphasizes that the election process is not only procedural, but also substantial in ensuring the quality of leadership that will be elected. In addition, this decision provides guidelines for election organizers, especially the General Election Commission (KPU), to be more careful in conducting factual verification of candidate requirements. On the other hand, political parties are encouraged to be more selective in nominating candidates, in order to avoid potential legal disputes that could harm public trust in democracy.

Leode, Roosdiana Marthina; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of financing practices with fiduciary guarantees in Indonesia often raises legal issues, especially regarding the unilateral withdrawal of credit objects by creditors against defaulting debtors. This action is often carried out without the consent of the debtor or a court decision, thus potentially violating the principles of justice and the principle of due process of law. This research aims to analyze the form of legal protection for debtors in a fiduciary financing agreement. The type of research used is normative juridical with an approach to legislation and court decisions. The results showed that the act of unilateral withdrawal can be categorized as a civil and criminal tort. Therefore, regulatory reform, increased legal literacy, and a fair and humanist dispute resolution mechanism are needed. It is recommended that fiduciary execution be carried out in accordance with legal procedures to protect the debtor's constitutional rights and ensure fairness in contractual relationships.

Igirisa, Jeis; Usman, Nurvia; Moonti, Roy Marthen

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The Constitutional Court (MK) has a strategic role in maintaining the stability of the Indonesian constitutional system through its main function as a guardian of the constitution. This article aims to analyze the influence of the Constitutional Court on constitutional stability, both through legal testing of the 1945 Constitution, the resolution of authority disputes between state institutions, and through supervision of the implementation of elections. Using a normative juridical approach, this article reveals that the Constitutional Court has made a significant contribution in maintaining balance between state institutions, ensuring electoral justice, and upholding the supremacy of the constitution. Nevertheless, challenges such as the independence of judges and the implementation of judgments remain issues that require attention. This article recommends strategic steps to enhance the role of the Constitutional Court in strengthening the stability of Indonesia's constitutional system.

Alim, Yanti; Olivia, Dhea; Moonti, Roy Marthen

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Social media has changed the way people communicate and share information, opening up great opportunities as well as challenges such as hoaxes and polarization. In Indonesia, these platforms have become important spaces for public discussion, especially in politics. Wise management is needed for social media to support transparency, accountability and democracy. The purpose of this study is to analyze the role of social media in constitutional dispute resolution, identify challenges that arise, and provide recommendations for wise management so that social media can support transparency, accountability, and democratic principles. This research uses a normative method. Social media has a major role in constitutional disputes, both as a tool for information dissemination and a space for public discussion. On the one hand, social media helps transparency, participation, and community mobilization in constitutional issues. However, on the other hand, it also poses challenges such as disinformation, hoaxes, and political polarization that can escalate conflicts. Regulation and supervision are needed to address the misuse of social media without compromising freedom of expression. Digital literacy education is also important to encourage responsible use of social media, so that it can be a tool to support democracy and peaceful dispute resolution. Social media can worsen the political situation through hoaxes and hate speech. Therefore, clear regulations are needed to prevent abuse without reducing freedom of speech. Policy reforms that balance surveillance and freedom of expression are important, with collaboration between the government, platforms and communities to create a safe digital space. Digital literacy also needs to be improved so that people can sort out information and support political stability.

Syairulan A. Radjak; Ahmad, Ibrahim; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.

Nuna, Moh. Maskun; Moonti, Roy Marthen; Kadir, Yusrianto; Bunga, Marten; Kasim, Muslim

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of the research is to find out the causes of differences in interpretation between the Gorontalo Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 elections in Gorontalo Regency and how the process of resolving administrative violations of the 2020 elections in Gorontalo Regency by the Gorontalo Regency KPU and Bawaslu Gorontalo Regency. This research uses two legal research methods, namely: Normative and empirical legal research to find answers to the differences in interpretation between the KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 Pilkada in Gorontalo Regency. The difference in interpretation between the Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations is caused by overlapping statutory provisions. Where in Law Number 10 Year 201 concerning Pilkada, the two institutions are given the authority to examine and decide administrative violations, then the two institutions in deciding administrative violations have their own guidelines where Bawaslu is guided by Perbawaslu while the KPU itself is guided by KPU Regulations. This certainly does not provide legal certainty for justice seekers in election administration violations and the process of resolving administrative violations in the 2020 Pilkada in Gorontalo Regency, namely through DKPP and Constitutional Court decisions. We do not have to face different decisions between the two institutions because DKPP is an ethical judicial institution while the Constitutional Court is a legal judicial institution. Although there has been a decision from the Constitutional Court, it does not change the DKPP's decision because until now there has been no ethics court to appeal the DKPP's decision.

Asuki, Teddy Permana; Kadir, Yusrianto; Moonti, Roy Marthen; Bunga, Marten; Kasim, Muslim

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The research aims at investigating he mechanism for impeaching the Vice Regent period for 2016-2020 Gorontalo district and factors that influence Vice Regent to be impeached. This research is empirical research or direct research. The research is used descriptive analysis method so that the comprehensive view picture can be obtained regarding the rules which related to applicable rules or norms. The impeachment process is starts begins with a report submitted by a society the Regional House of Representatives, which is the legislature's commissions. Then it was continued with the formation of a Special Committee to hold a plenary session of the impeachment process for the 2016-2020 Deputy Regent. From the final results of the process in the realm of the Regional People's Representative Council, it is submitted to the Supreme Court in Deciding and establishing an Opinion from the Regional People's Representative Council which is then validated by the Minister of Home Affairs and returned to the regional government to announce the decision on the dismissal. The legal basis for the process and prohibition of a leader is regulated in the 1945 Constitution in conjunction with Law number 23 of 2014 concerning regional government.