SciRepID - Scientific Publication Search

Publication Search

54,413 articles from 425 journals · 1,456 citations tracked

Showing 1-5 of 5

Analytics

Rampengan, Ricky Rifaldi; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the role of the Formed Police Unit (FPU) in the perspective of international humanitarian law and international human rights law, particularly in the context of civilian protection in conflict areas. The FPU is an armed police unit deployed in UN peacekeeping missions with a mandate to protect civilians, maintain order, and support post-conflict recovery. Despite its strategic role, the FPU faces legal, operational and socio-cultural challenges. This study uses a normative-juridical approach by analyzing international legal documents, UN operational standards, and academic literature. It is emphasized that the effectiveness of the FPU is highly dependent on human rights-based training, clarity of mandate, logistical readiness, and the ability to build trust with local communities. This article recommends strengthening accountability mechanisms and cross-sector integration in peace missions, so that the FPU is able to carry out its protection mandate substantially and in accordance with applicable international legal principles.

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.

Talib, Solihin H.; Talib, Riski; Moonti, Roy Marthen

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The determination of compensation in the process of land acquisition for infrastructure development in Indonesia still faces various complex legal problems. Although has been regulated in Law Number 2 Year 2012, its implementation often creates inequality, both in terms of compensation value and procedures for community involvement. The phrase “decent and fair” in the regulation opens wide room for interpretation, so there is often a mismatch between the value set by the government and the expectations of the community. This imbalance is exacerbated by weak public participation, lack of legal literacy, and the dominance of legal-formalistic approaches. Agrarian conflicts, legal uncertainty, and disregard for the social and cultural values of indigenous peoples also exacerbate the situation. Therefore, policy reforms based on a participatory approach, institutional strengthening, and the use of digital technology to realize transparency and accountability are needed. Fair compensation must ensure protection of citizens' human rights and build trust in the legal system in the development process. 

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.

Lukman, Lutfiana; Moonti, Roy Marthen; Kadir, Yusrianto; Kasim, Muslim A.

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Domestic Violence (DV) is a serious human rights violation, particularly affecting women as a vulnerable group. Gorontalo City has seen a significant rise in DV cases, reflecting weak prevention efforts and law enforcement. Although Law No. 23/2004 regulates the elimination of DV, its local implementation faces structural, cultural, and resource-related challenges. This study analyzes the effectiveness of DV law enforcement in Gorontalo and identifies key obstacles. Using an empirical juridical method with a qualitative approach, data were collected through field research, interviews with law enforcers, and document analysis. The findings reveal that despite procedural efforts, barriers such as low public legal awareness, partiality among officials, limited victim protection facilities, and patriarchal norms hinder effective enforcement. Law enforcement remains ineffective due to weak institutional synergy and victims’ reluctance to seek justice. The study recommends specialized training for law enforcers, strengthening integrated victim services, and intensive legal outreach to build a more responsive environment to DV issues.