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Saputra, Ferdi Pratama; Malipi, Moh Lavender; Moonti, Roy Marthen; Kasim, Muslim A.

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

Law enforcement plays a vital role in building a just, reliable, and corrupt-free criminal system. The success of the criminal system is highly dependent on the integrity of law enforcement officers, from the police, prosecutors, to the judiciary. This article discusses how consistent, transparent, and accountable law enforcement can increase public trust and minimize the potential for abuse of power. Through a normative and legal approach, this paper emphasizes the importance of institutional reform and legal culture in order to create a clean and just criminal system. This article critically examines the strategic role of law enforcement officials in building public trust through a transparent, accountable and integrity judicial system. Using a normative juridical approach and analysis of empirical data, this research highlights various challenges faced, such as weak integrity of the apparatus, political intervention, and a legal culture that is permissive of violations. This paper also emphasizes the importance of institutional reform, strengthening protection for justice collaborators and whistleblowers, and utilizing digital technology in order to encourage legal accountability.

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.

Rahman, Malik Mulyanto; Syahrul, Syahrul; Moonti, Roy Marthen; Kasim, Muslim A.

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

Handling of child cases in Eastern Indonesia faces various challenges, ranging from limited legal infrastructure to the strong influence of local culture. This study evaluates the application of a restorative justice approach that integrates local wisdom values in resolving child cases, with a focus on the socio-cultural context of the community in the region. Through qualitative methods with case studies in several regions in Eastern Indonesia, this study reveals that a restorative approach based on custom and deliberation has proven to be more effective in restoring social harmony, preventing stigmatization of children, and encouraging rehabilitation compared to a formal litigation approach. The findings also show that the involvement of traditional figures, families, and local communities is key to the success of the restorative justice process. However, challenges remain in terms of regulation and uniformity of understanding among law enforcement officers. This study recommends the need for synergy between the national legal system and local wisdom to create a more contextual, inclusive, and equitable model for handling child cases.

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. 

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.

Panu, Ariyanti; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The juvenile criminal justice system in Indonesia has been reformed through the enactment of Law No. 11/2012 on Juvenile Criminal Justice Sistem (UU SPPA), but its implementation is still ineffective. This study aims to examine the ineffectiveness of the implementation of diversion and the imbalance between restorative aspects and the protection of children's rights in a repressive justice system. This type of research is normative, with statutory, conceptual and comparative approaches. The results of the study showed that limited understanding of the apparatus, lack of institutional support, and the still strong paradigm of punishment were the main obstacles. In conclusion, the reform has not fully reflected the principles of restorative justice and child protection. The author recommends strengthening the capacity of officials, cross-sector collaboration, and revitalizing the role of the community in supporting the implementation of diversion and the protection of children's rights as a whole.

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.

Podomi, Prayogi Aryovandri; Moonti, Roy Marthen; Ahmad, Ibrahim

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

Interlocutory decisions and final decisions are two forms of court decisions that have strategic functions in ensuring the application of the principles of procedural justice. In Indonesian judicial practice, procedural irregularities, norm inconsistencies, and lack of transparency often occur which hinder the achievement of legal justice. This research aims to analyze the role and position of interlocutory decisions and final decisions in the Indonesian judicial system, and identify normative and practical obstacles faced in their implementation. The type of research used is normative juridical with conceptual and statutory approaches. The results showed that regulatory weaknesses, low quality of judicial consideration, and limited access to information were the main obstacles in realizing procedural justice. Therefore, it is recommended to harmonize procedural laws, increase the capacity of judges, and digitize open decisions to ensure effective, transparent, and dignified justice in the national justice system.

Sulli, Frans A.; Moonti, Roy Marthen; Ahmad, Ibrahim

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

Traffic accidents are events that not only affect physical and material losses, but also cause legal issues in the form of compensation claims. This research aims to comprehensively examine the legal mechanism of compensation claims for victims of traffic accidents in Indonesia, as well as identify obstacles in its implementation. The type of research used is normative legal research, with an approach to statutory provisions, jurisprudence, and other legal documents. The results of the study show that although the legal basis for compensation claims is available, its implementation is still constrained by low legal literacy, complicated evidentiary procedures, and weak institutional support. As a suggestion, regulatory reform, institutional strengthening, and community-based legal socialization are needed to improve victims' access to justice. Thus, the compensation system can run effectively, fairly, and sustainably to protect the rights of traffic accident victims.

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.

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.

Lasambo, Nurlin; Uswatun Otoluwa, Siti Nur; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

Theimplementation of the merit system in civil servant management has shown its effectiveness in supporting the principles of justice and equality. However, to achieve more optimal results, efforts are needed to increase the capacity of human resources, strengthen supervision mechanisms, and enforce sanctions for violations. In addition, the government needs to encourage changes in organizational culture to better support the principle of meritocracy. Further studies are needed to evaluate the long-term impact of implementing the merit system at different levels of government. The merit system is a reflection of professional personnel management where the placement of employees and officials uses performance competencies and track records as a measure of appointment. The main purpose of the implementation of the merit system is to improve professionalism, fairness, and equality in the management of Civil Servants (PNS). The purpose of this research is to find out the Effectiveness of the Implementation of the Merid System on the Principles of Justice and Equality in Translating Civil Servants. This paper was carried out with the aim of finding out how the Implementation of the Effectiveness of the Implementation of the Merid System on the Principles of Justice and Equality in Translating Civil Servants by using a qualitative analysis method. so that it is expected to contribute thoughts to the government in the assessment and implementation of Merid Sytem towards a better direction.

Sasongko, Catyawi Avesta; Akili, Rustam Hs.; Ismail, Nurwita; Moonti, Roy Marthen; Bunga, Marten

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

The purpose of this study is to determine the application of Supreme Court Regulation No. 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law in Marisa District Court of Pohuwato Regency and to determine the obstacles faced by judges in the implementation of Supreme Court Regulation No. 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law in the jurisdiction of Marisa District Court of Pohuwato Regency. The implementation of this research uses empris research. In this study, researchers used qualitative methods. The implementation of Supreme Court Regulation Number 3 of 2017 concerning guidelines for adjudicating cases of women facing the law Perma number 3 of 2017 is a significant effort in improving justice for women in the Indonesian justice system. The application of these guidelines in the Marisa District Court demonstrates a commitment to respect and protect women's rights. However, the implementation still faces challenges such as a lack of understanding and awareness of judges about gender issues as well as technical obstacles in the implementation of these guidelines. in the sense that the PERMA is still ineffective in its implementation. Although the Marisa District Court has also been running according to trial procedures.

Fransisko Ngajow, Malfrid Frangky; Kadir, Yusrianto; Moonti, Roy Marthen; Kasim, Muslim

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The purpose of the research is to know and analyze the criminal liability of the perpetrator in the case of illegal mining in the Marisa District Court of Pohuwato Regency has been in accordance with the objectives of the law (certainty, benefit, and justice) and to know and analyze the factors that influence the consideration of judges in examining, adjudicating, and deciding cases of illegal mining in the Marisa District Court of Pohuwato Regency. The type of research used in this legal writing is socio-juridical legal research. Criminal responsibility of the perpetrator in illegal mining cases is very important to maintain legal certainty, expediency, and justice. Courts need to ensure that perpetrators are given sanctions appropriate to the level of offense they commit and that the sanctions are effective in preventing similar acts in the future. In addition, fair and proportional treatment of perpetrators must also be ensured to maintain the integrity of the justice system and the judge's consideration in deciding Case No. 37/Pid.Sus/2023/PN Mar was in accordance with Article 184 of the Criminal Procedure Code, namely based on legal facts, witness testimony, testimony of the defendant and instructions in the form of evidence, so that the judge's consideration in his verdict had fulfilled the elements and conditions of the defendant's conviction.