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Nurdin, Rahmatullah; Ulama, Keyshandrina D.; Moonti, Roy Marthen; Kasim, Muslim A.

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Traditional Cultural Expressions (TREs) are an important part of national identity and intangible cultural heritage that live in indigenous communities in Indonesia. In the midst of globalization and increasing cultural claims by other countries, the urgency of legal protection for TREs is becoming increasingly relevant and strategic. This article aims to examine the effectiveness of legal protection for TREs in Indonesia and to formulate strategies for strengthening protection at the national and international levels. This study uses a juridical-normative approach with literature study techniques and qualitative analysis of laws and regulations, international conventions, and case studies such as Reog Ponorogo and batik. The results of the study indicate that existing legal protection is still limited and has not been able to answer the complexity of cultural claim problems. Harmonization of national law with international standards and collaboration between parties are needed to strengthen Indonesia's legal position in protecting TREs. This study contributes to the development of more responsive and sustainable cultural policies.

Katili, Muh Fakhri B.; Moonti, Riyanto; Moonti, Roy Marthen; Kasim, Muslim A.

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Political reform in Indonesia has brought fundamental changes to the structure of state governance and the decision-making process within the executive branch. One of the instruments still frequently utilized by the President to formulate and direct national policy is the Presidential Instruction (Instruksi Presiden/Inpres). Although it is not classified as a formal regulation within the legal hierarchy, Inpres often has wide-reaching implications for the implementation of public policy. This study aims to critically analyze the legal status, function, and limitations of Inpres in the context of Indonesia’s post-reform government system. Using a normative-juridical approach and literature study of statutory regulations and policy documents, the research finds that the use of Inpres in several instances has extended beyond its administrative function and entered the domain of strategic policymaking, which ideally requires formal legislative processes. This raises concerns regarding accountability, transparency, and the limitation of executive power in a democratic rule-of-law state. The study recommends clearer regulation of the scope and function of Inpres to ensure alignment with political reform principles and good governance standards.

Hinelo, Fikran; Djailani, Abdul Rizal; Moonti, Roy Marthen; Kasim, Muslim A.

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

Cases of child sexual abuse in Indonesia continue to show an alarming trend and have serious physical, psychological and social impacts on victims. This research aims to analyze the legal and social implications of these criminal acts and formulate responsive and adaptive legal protection strategies. The research method uses a normative-juridical approach through a literature study, supported by secondary data from scientific journals, laws and regulations, and official reports. The results of the study show that although child protection regulations have been regulated in Law Number 35 of 2014 and Law Number 12 of 2022, their implementation still faces obstacles, such as weak law enforcement, lack of assistance services, and low public legal awareness. Protection strategies based on the victim's perspective, community legal education, and utilization of digital technology are proposed as solutions. This research recommends inter-agency synergy and the strengthening of a legal system that is adaptive to social and digital developments

Nuna, Riknan; Thalib, Satriyo Pratama; Moonti, Roy Marthen; Kasim, Muslim A.

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

The protection of justice collaborators (JC) is a vital element in the eradication of extraordinary crimes such as corruption, narcotics, and premeditated murder. However, in the practice of criminal justice in Indonesia, there is still a gap between the normative legal framework and the implementation of protection for JCs. This research aims to juridically evaluate the effectiveness of the JC protection mechanism based on national regulations and judicial practice. The method used is normative legal research with a case study approach, through analysis of legislation, court decisions, and LPSK documents. The results of the study show that weak institutional coordination, inconsistency of decisions, and lack of post-trial protection are the main obstacles. It is necessary to codify JC protection in criminal procedure law and strengthen the capacity of legal apparatus to realize comprehensive protection. This research contributes to the development of a fairer and more responsive justice system in protecting the moral courage of JCs.

Bora, Yuyun; Fatifah Saini, Armida Putri; Moonti, Roy Marthen

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

The high inequality of land ownership in Indonesia shows that the enforcement of social justice in the implementation of land redistribution has not been running optimally. The agrarian reform program which is expected to be a solution to overcome agrarian inequality is often hampered by structural, legal, and institutional problems. This study aims to examine legally and empirically how the principle of social justice is upheld in the practice of land redistribution through the agrarian reform program. The method used is qualitative research with a normative and empirical legal approach, through a literature study of regulations and academic literature as well as secondary data analysis from government reports, scientific journals, and field studies. The results of the study show that although there is a supporting legal framework, the implementation of land redistribution still faces obstacles such as weak transparency, lack of community participation, and ineffective supervision of the use of ex-HGU land. This study contributes to understanding the importance of integration between legal aspects and social justice in agrarian reform policies. In conclusion, the enforcement of the principle of social justice in agrarian reform requires more inclusive policies that favor marginalized groups, as well as further in-depth and interdisciplinary research to formulate strategies for implementing equitable and sustainable reforms.

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.

Tabi, Sunarti; Moonti, Roy Marthen; Ahmad, Ibrahim

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

Child marriage in Indonesia is still a serious problem despite regulations that limit the minimum age of marriage. The revision of Law No. 16/2019 sets the minimum age at 19 years, but the practice of marriage dispensation has actually increased. This phenomenon reflects the gap between formal legality and social reality which is influenced by factors such as low education, patriarchal culture, conservative religious interpretations, social pressure, and poverty. Dispensation for marriage is often granted without an in-depth assessment of the child's readiness, ignoring the principle of the best interests of the child. Law enforcement has not been effective due to the lack of legal literacy, weak supervision, and the dominance of local values. Prevention efforts require an interdisciplinary approach through reproductive health education, strengthening social protection, community participation, and synergy between institutions. Therefore, the elimination of child marriage must be a strategic policy based on the transformation of social norms and the protection of children's rights in a holistic and sustainable manner within the framework of gender perspective development and social justice.

Saleh, Moh Fitrah; Moonti, Roy Marthen; Ahmad, Ibrahim

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

Budget management in police institutions has a strategic role in ensuring accountability and effectiveness in the implementation of state duties. However, violations in budget planning and utilization still often occur due to weak supervisory systems and a closed bureaucratic culture. This study aims to analyze the normative law enforcement mechanism against budget violations within the Police and evaluate its effectiveness in ensuring the principles of accountability and impunity. The type of research used is normative-doctrinal with statutory, conceptual, and case study approaches. The results of the study show that although regulations are adequate, the implementation of the law is still hampered by conflicts of interest, lack of transparency, and lack of public participation. Therefore, systemic reform is needed through strengthening institutional capacity, digitizing the budget system, and cross-agency supervisory collaboration to encourage fair and accountable law enforcement in the police institution.

Hasan, Kusman; Moonti, Roy Marthen

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

Bank credit agreements are often drafted in the form of standardized clauses that are detrimental to customers because they are made unilaterally by banks without room for negotiation. This position imbalance is exacerbated by low legal literacy and information asymmetry between the two parties. This research aims to analyze the ideal form of legal protection for customers in the face of harmful standard clauses. Through a normative juridical approach and case studies, it is found that regulations such as the Consumer Protection Law and POJK have provided a legal basis, but their implementation is still weak. Ideal legal protection includes three aspects: preventive, repressive, and curative, and requires the active role of the state and OJK as supervisors. Regulatory updates, strengthened legal education, and fairer contract supervision are needed to create an equitable and inclusive financial ecosystem. Effective protection will also strengthen public confidence in the banking sector.

Abdul, Deni S.M; Moonti, Roy Marthen; Ahmad, Ibrahim

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

Passenger safety in ferry transportation is a crucial issue in Indonesia's sea transportation system, especially due to the high rate of accidents caused by the negligence of port managers. This study aims to analyze the form and limit of port manager's legal responsibility for passenger safety based on national regulations and international legal instruments. This research uses a normative method with the approach of legislation, legal doctrine, and court decisions. The results of the study show that port managers have administrative, civil and criminal responsibilities for passenger safety, including moral and social responsibilities. Failure to carry out these obligations can lead to legal sanctions. It is recommended that port managers strengthen safety management systems, improve inter-agency coordination, and adopt technology and good governance principles to ensure optimal legal protection for passengers. Regulatory updates and continuous supervision are also indispensable.

Menu, Moh Syamsurya; Ahmad, Mahmud; Moonti, Roy Marthen

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

Village development is the main focus of Indonesia's national policy, especially after the enactment of Law Number 6 of 2014 concerning Villages. In its implementation, the role of the Ministry of Villages (Kemendesa) and the Ministry of Home Affairs (Kemendagri) is very important, however, disharmony of authority often occurs which hampers the effectiveness of these policies. This research aims to analyze the disharmonization of authority between the two ministries and formulate a harmonization solution from a legal perspective to increase more efficient and sustainable village development. The method used is a normative approach with comparative juridical analysis of existing regulations, which include related laws and policies. The research results show that there are overlapping regulations and roles between the Ministry of Villages and the Ministry of Home Affairs in aspects of preparing the RPJMDes, managing village funds, as well as coaching and supervising village heads. This research suggests the need for clear legal reconstruction and better coordinating mechanisms between the two ministries to avoid conflicts of authority that could hinder the achievement of village development goals. In conclusion, harmonization of authority normatively, institutionally and technically is very necessary to increase the effectiveness of village development and provide better legal certainty.

Pomolango, Syahidna; Sri Rejeki, Anggun; Moonti, Roy Marthen

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

The recent labor regulation reform through the Job Creation Law (Undang-Undang Cipta Kerja) has introduced new dynamics in regulating Fixed-Term Employment Agreements (PKWT), impacting social justice in Indonesia. This study aims to analyze the effects of PKWT regulation within the Job Creation Law on the principle of social justice, particularly in the context of Indonesia’s Asta Cita 4, which emphasizes protection for the entire nation. Employing a qualitative approach through literature review, the study systematically examines relevant laws, academic works, and related research. The findings indicate that although the law enhances labor market flexibility, the resulting legal uncertainty for fixed-term workers risks social inequality that contradicts the ideals of social justice. This research underscores the need for legislative reforms that prioritize worker protection and social security to align labor regulations with national aspirations embodied in Asta Cita 4. The implications provide recommendations for policymakers and future researchers to develop more empirical and in-depth studies to strengthen labor protections going forward.

Pangulu, Diska; Laba, Adrianto; Moonti, Roy Marthen

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to examine the role of law in poverty eradication in Indonesia through the analysis of regulations and implementation of government programs. With a descriptive qualitative approach based on literature studies, this study explores the effectiveness of books as an instrument of public policy. The findings show that the law has not functioned optimally as a tool for social transformation, tends to be administrative and not yet adaptive to the dynamics of poverty. Case studies in several regions such as Malang, Trenggalek, and Aceh Tamiang highlight weak coordination, data validation, and community participation. The main obstacles include limited local regulations, inaccurate targeting of assistance, and minimal legal-based supervision. Therefore, proactive, participatory, and contextual legal reform is needed so that poverty alleviation policies truly side with vulnerable groups. The law must be present not only as a norm, but as a structural force that guarantees distributive justice and social empowerment.

Prakoso, Aditya Afieq; Moonti, Roy Marthen; Ahmad, Ibrahim

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

The dissenting opinion phenomenon in Decision Number 12/G/2021/PTUN.GTO reflects the tension between the principle of legality and administrative practice in the dishonorable dismissal (PTDH) of Polri members. This study aims to analyze the legal position of dissenting opinions in the state administrative judicial system and assess the extent to which PTDH decisions reflect compliance with the principle of legality and general principles of good governance. This research uses juridical-normative method with conceptual approach and case study. The results of the study show that dissenting opinions function as judicial control over the potential for abuse of administrative authority, especially when the legal basis for PTDH refers to circular letters that do not have the binding force of laws and regulations. It is recommended that the PTDH mechanism prioritizes the principle of due process of law to ensure justice and legal certainty for members of the National Police who are subject to administrative sanctions.

Bakari, Sadam; Moonti, Roy Marthen; Ahmad, Ibrahim

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

The phenomenon of increasing potential for social conflict in the regions, including in Gorontalo Province, demands the presence of security forces that are able to act quickly, professionally, and in accordance with legal corridors. The Brimob unit as part of the National Police has a vital role in implementing riot control policies to maintain national stability and security. This research aims to analyze the effectiveness of Brimob Gorontalo's role in implementing the policy, in terms of legal aspects, especially in accordance with the principles of human rights and applicable laws and regulations. The approach used in this research is descriptive qualitative with literature and documentation study methods. The results of the analysis show that although the policy has been implemented in accordance with protap and regulations, the effectiveness of its implementation still faces challenges such as limited human resources, understanding of human rights, and social resistance. Therefore, it is recommended that Brimob Gorontalo strengthen human rights-based training, increase transparency of actions, and strengthen synergies with communities and local policy makers to create sustainable and equitable security.

Hamid, Moh. Renaldy; Moonti, Roy Marthen; Ahmad, Ibrahim; Kasim, Muslim A.

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

This study aims to analyze the importance of professional laws and codes of ethics for members of the National Police of the Republic of Indonesia (Polri). The National Police professional code of ethics is a code of conduct that must be followed by every member of the National Police in carrying out their duties and responsibilities. This study examines the legal aspects that govern the code of ethics, as well as evaluating the challenges and its implementation in police practice. Data was collected through literature studies, analysis of laws and regulations, and in-depth interviews with members of the National Police. The results of the study show that effective enforcement of the code of ethics can strengthen integrity, professionalism, and public trust in the National Police. However, several challenges are still faced in the implementation of the code of ethics, such as the lack of socialization and strict supervision. This research provides recommendations to increase awareness and compliance of members of the National Police with the code of ethics, as well as strengthen its enforcement mechanism to strengthen.

Kaharu, Natan; Moonti, Roy Marthen; Ahmad, Ibrahim; Kasim, Muslim A.

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

This study examines the enforcement of law and ethics in the profession of judges and court employees in Indonesia. Ethics and integrity are crucial elements in maintaining credibility and fairness in the justice system. Although there are strict regulations and codes of ethics, ethical violations and corruption cases still often occur, indicating the need for stricter supervision and sanctions. This study also highlights the importance of continuous ethics education and improving the welfare of judges and court employees as an effort to reduce unethical behavior. In addition, the application of information technology to improve transparency and accountability in the judicial process is also considered an effective solution. In conclusion, consistent enforcement of law and ethics and a strong commitment from all parties involved are essential to creating a fair and transparent justice system in Indonesia.

Damiti, Alex; Firmansyah, Royzd; Latif, Anas; Moonti, Roy Marthen

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

The central government is the highest level of government in a country that has the greatest power and authority. The central government is responsible for controlling the unitary state, making decisions and rules for the whole country, and exercising national supremacy over other governments. Local government is the administration of government affairs by the local government and the Regional People's Representative Council (DPRD). Local government is carried out based on the principles of autonomy and assistance with the principle of the widest possible autonomy. Regional autonomy is a concept in which the central government grants a number of authorities to local governments to regulate and manage their own government affairs in accordance with laws and regulations in the Indonesian context, regional autonomy is regulated in Law Number 23 of 2014 concerning Regional Government. The purpose of regional autonomy is to realize effective and efficient government and improve the welfare of the community.

Abd. Sani, Muh. Adriansyah; Akili, Rustam Hs.; Moonti, Roy Marthen

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Sexual violence in the university environment is a significant challenge in creating a safe and supportive educational atmosphere. This phenomenon is influenced by unequal power relations, patriarchal culture, and lack of understanding and application of legal protection. Regulation of the Minister of Education, Culture, Research and Technology Number 30 of 2021 is presented as a legal framework to prevent and handle sexual violence in higher education, with strategic steps such as the formation of the Task Force for the Prevention and Handling of Sexual Violence (PPKS Task Force). This research aims to examine the juridical aspects of protecting students and teaching staff from sexual violence, analyze the implementation of regulations, and identify obstacles faced in their implementation. This research uses a normative-juridical method, which prioritizes the analysis of laws and regulations, legal documents, and related legal theories. The results show that although the regulation has provided quite detailed guidelines, its implementation still faces challenges in the form of social stigma, lack of resources, and gaps between policy and practice. The conclusion of this study emphasizes the importance of continuous evaluation and education to improve the effectiveness of regulations and encourage universities to become agents of change in the fight against sexual violence.

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.