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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.

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.

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.

Suleman, Fahmi; Moonti, Roy Marthen; Ahmad, Ibrahim

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

General Election (Pemilu) is a fundamental pillar of democracy that often faces various challenges, including legal violations that undermine its integrity. To overcome this, the Integrated Law Enforcement Center (Gakkumdu) was formed as a collaboration between Bawaslu, the Police, and the Attorney General's Office to accelerate the handling of election violations. However, the strict handling time limit of 14 working days is a major challenge in achieving fair and effective decisions. This study aims to evaluate the effectiveness of the handling time of election violations by Gakkumdu and identify the inhibiting factors. Using a descriptive-analytical qualitative method, this study found that the main obstacles include inter-agency coordination, sectoral ego, limited human resources, and lack of supporting technology. In addition, differences in legal interpretation and low public legal awareness also slowed down the enforcement process. In conclusion, the effectiveness of Gakkumdu handling time is not optimal and requires policy reform. Recommendations include simplifying procedures, cross-agency training, utilizing technology, and educating the public. These reforms are expected to improve election integrity and support a fairer democracy.