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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.

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.

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.

Hidayat, Hermawan; Van Gobel, Abdul Azis; Moonti, Roy Marthen; Kasim, Muslim A.

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

Transparency and accountability in the legal system remain critical challenges in the ongoing efforts to reform governance in the digital era. This article aims to examine the potential and challenges of implementing blockchain technology to enhance transparency and accountability within legal systems. The study employs a qualitative literature review approach, conducting an in-depth analysis of relevant scientific literature and recent publications. Findings reveal that blockchain offers innovative solutions through immutable legal data and decentralized processes, which enhance public trust and efficiency via smart contracts and decentralized dispute resolution systems. However, the implementation of this technology faces obstacles related to regulation, data privacy, and the need for adequate infrastructure development. In conclusion, blockchain has the potential to revolutionize the legal system, provided there is cross-sector collaboration to overcome existing barriers. Further research is recommended to integrate empirical methods and case study explorations to deepen and apply understanding of blockchain adoption in legal contexts.

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.

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.

Usman, Arya Ramadhan; Mokodogan, Natasya; Moonti, Roy Marthen

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

Female-headed households (PEKKA) in rural areas represent a vulnerable group that often faces structural barriers in accessing their social and economic rights, particularly in relation to Cash Transfer Assistance (BLT) policies. The urgency of this study stems from the persistent gap between policy implementation and the specific needs of PEKKA. This research aims to examine the forms of legal protection and economic access available to PEKKA in several villages in Central Java through the BLT scheme. Utilizing a qualitative approach, data were collected through in-depth interviews, observation, and document analysis, and analyzed using descriptive qualitative methods. The findings reveal that administrative obstacles, social stigma, and the lack of gender-sensitive approaches are key factors hindering the fulfillment of PEKKA’s rights. Although formal policies exist, their implementation at the local level remains unresponsive and fails to address structural inequalities. This study contributes to the development of socially just and gender-equitable policy frameworks at the village level. It concludes that reformulating inclusive and advocacy-based social policies for PEKKA is essential, alongside further research exploring transformative legal approaches and sustainable economic empowerment.

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.

Paneo, Rahmat; Moonti, Roy Marthen; Ahmad, Ibrahim

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

Crimes committed by drunk drivers that cause death are serious legal problems that have a broad impact on public safety. This study analyzes the form of criminal liability for such acts within the framework of Indonesian criminal law, by examining the application of the concepts of dolus eventualis and culpa. Although statutory provisions such as Articles 310 and 311 of the Traffic and Transportation Law and Article 359 of the Criminal Code have regulated criminal sanctions, implementation in the field is often weak and disproportionate. The legal approach tends to consider the act as negligence, whereas there is an element of conditional intent that must be considered. This study emphasizes the need for criminal law reform, strengthening law enforcement institutions, and public education to create a deterrent effect and protect people's right to life. The concept of dolus eventualis is an important alternative to expand criminal liability fairly and contextually.

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.

Andasia, Junaidy; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Police patrols at the Polsek level have a strategic role in maintaining public security and order through the implementation of preventive and repressive functions. The preventive function aims to prevent crime, while the repressive function focuses on law enforcement against violations. This research aims to analyze the implementation of the repressive function in Polsek patrol activities as a response to the dynamics of law violations in its jurisdiction. The type of research used is normative legal research with statutory and conceptual approaches. The results show that the effectiveness of repressive patrols is highly dependent on officer professionalism, technological support, and community synergy. In conclusion, the repressive function must be carried out proportionally, accountably, and humanistically. It is recommended that the police strengthen personnel capacity, evaluation systems, and data-based strategies to improve the effectiveness of law enforcement while building public trust in a sustainable manner.

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.

Waris, Asriyuni; Ambo, Siti Halmaira; Moonti, Roy Marthen

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

This study conducts a juridical analysis of the strengthening of women's civil and economic rights in Indonesian civil law, based on the 4th Astacita principle of women's empowerment. The study identifies and analyzes inequalities in women's access to civil rights, such as inheritance rights, property ownership, and social security. Although the national legal framework has recognized the principle of gender equality, its implementation still faces significant challenges due to the strong patriarchal culture and women's limited access to legal justice. Therefore, this study emphasizes the urgency of gender-responsive legal reforms and increased women's participation in the legislative process to realize substantive equality and justice.

Ainiyyah Lumula, Adelia Nurfatma; Rajak, Arafik; Moonti, Roy Marthen

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

The rejection of isbat nikah applications in religious court practice, particularly in the context of polygamy, is a complex issue with far-reaching implications for the legal status of marriage, the rights of wives and children, and legal certainty. This study aims to analyze the legal considerations of the panel of judges in rejecting the application for isbat nikah polygamy at the Kwandang Religious Court and to examine the legal consequences arising from the rejection. This research uses an empirical juridical method with a case approach, which is analyzed based on primary data in the form of court decisions and interviews with judges and related parties, and secondary data in the form of legal literature, legislation, and relevant legal journals. The results show that the rejection of polygamous marriage isbat nikah applications is generally caused by the non-fulfillment of substantive requirements as stipulated in Pasal 4 and 5 of Undang-Undang Nomor 1 Tahun 1974 concerning Marriage jo. Compilation of Islamic Law (KHI), such as the absence of permission from the first wife or the lack of proof of the reasons that allow polygamy. The legal consequences of this rejection include the formal non-recognition of the legal status of the second marriage, which has an impact on the non-fulfillment of the civil rights of the second wife and the children born, such as inheritance rights and citizenship status. This study recommends the need to strengthen legal education to the community as well as harmonization between state law and religious law to ensure the legal protection of women and children in the context of polygamy.

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.

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.

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.

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.