Tinjauan Kritis Terhadap Perlindungan EBT dalam Hukum Indonesia dan Internasional
(Rahmatullah Nurdin, Keyshandrina D. Ulama, Roy Marthen Moonti, Muslim A. Kasim)
DOI : 10.62383/progres.v2i2.2080
- Volume: 2,
Issue: 2,
Sitasi : 0 02-Jul-2025
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Abstrak:
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.
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2025 |
Implementasi Etika Profesi Hukum untuk ASN di LLDIKTI
(Hariyanto Huntua, Roy Marthen Moonti, Ibrahim Ahmad, Muslim A. Kasim)
DOI : 10.62383/aliansi.v2i2.797
- Volume: 2,
Issue: 2,
Sitasi : 0 27-Jan-2025
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Professional legal ethics plays a crucial role in carrying out the legal profession with integrity and fairness. For Civil Servants (ASN), especially those working at the Higher Education Service Institution (LLDIKTI), the implementation of professional legal ethics becomes even more critical, considering their role as bureaucrats who must uphold legal and ethical values in every decision they make. LLDIKTI is tasked with managing, supervising, and facilitating the organization of higher education in Indonesia, requiring its ASN to always adhere to principles of transparency, justice, and accountability in performing their duties. However, the implementation of professional legal ethics in LLDIKTI faces various challenges, including potential conflicts of interest, political pressure, complex bureaucracy, and limited human resources. This study aims to analyze the implementation of professional legal ethics in LLDIKTI and identify the challenges ASN face in applying these ethics. Additionally, the study seeks to provide recommendations on the steps that should be taken to optimize the implementation of professional legal ethics within the ASN environment in LLDIKTI. This research uses a qualitative approach, referring to legal ethics theories developed by Algra (2013) and Winarta (2007), as well as regulations governing ASN, such as Law No. 5 of 2014. The findings of this study are expected to contribute to the formulation of policies and training that enhance the professionalism and integrity of ASN in LLDIKTI.
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2025 |
Sengketa Pemilihan Umum dan Implikasinya terhadap Stabilitas Ketatanegaraan di Indonesia
(Syahrul Nugraha Baderung, Sity Rahma Polinggapo, Roy Marthen Moonti)
DOI : 10.62383/progres.v2i1.1286
- Volume: 2,
Issue: 1,
Sitasi : 0 25-Jan-2025
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Electoral disputes are a frequent phenomenon in the democratic process, especially in Indonesia. This article analyzes various aspects of electoral disputes, including their causes, impacts and existing resolution mechanisms. These disputes usually arise as a result of alleged violations, fraud or dissatisfaction with election results, which can trigger political tensions and undermine public confidence in the democratic system. This research shows that electoral disputes not only affect the outcome of elections, but also have far-reaching implications for constitutional stability, including the potential for social conflict and government legitimacy. Through a normative approach, this article explores the role of the Constitutional Court as an institution authorized to resolve disputes over election results. It also highlights the importance of transparency and fairness in the electoral process to prevent disputes. In addition, the article proposes strategic measures to improve electoral integrity, such as the strengthening of oversight institutions and political education to the public. Thus, it is hoped that the resolution of electoral disputes can be carried out effectively to maintain political stability and the sustainability of democracy in Indonesia.
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2025 |
Hukum dan Kode Etik Profesi bagi Anggota Polri
(Moh. Renaldy Hamid, Roy Marthen Moonti, Ibrahim Ahmad, Muslim A. Kasim)
DOI : 10.62383/demokrasi.v2i1.792
- Volume: 2,
Issue: 1,
Sitasi : 0 24-Jan-2025
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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.
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2025 |
Hukum dan Etika Profesi Hakim dan Pegawai Pengadilan di Indonesia
(Natan Kaharu, Roy Marthen Moonti, Ibrahim Ahmad, Muslim A. Kasim)
DOI : 10.62383/terang.v2i1.791
- Volume: 2,
Issue: 1,
Sitasi : 0 23-Jan-2025
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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.
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2025 |
Etika Profesi Notaris dalam Perspektif Hukum
(Asfariyani A. Talango, Roy Marthen Moonti, Ibrahim Ahmad)
DOI : 10.62383/sosial.v2i1.1255
- Volume: 2,
Issue: 1,
Sitasi : 0 21-Jan-2025
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Notary professional ethics plays an important role in maintaining integrity and public trust in notary practice. This research aims to analyze the regulation of notary professional ethics in the Indonesian legal system and explain the sanctions imposed on violations of these ethics in the practice of notary office. The research method used is the normative juridical method with a statutory approach. The results show that the regulation of notary professional ethics in Indonesia is regulated in Law Number 30 of 2004 concerning the Notary Position which has been amended by Law Number 2 of 2014, as well as the Notary Code of Ethics issued by the Indonesian Notary Association (INI). Violations of professional ethics may be subject to sanctions in the form of reprimand, writing, respectful dismissal, to dishonorable dismissal according to the level of violation. The enforcement of these sanctions aims to maintain professionalism and ensure legal protection for parties using notary services. This study recommends strengthening supervision of the implementation of the code of ethics and increasing education to notaries to prevent violations.
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2025 |
Reformulasi Perkap No. 8 Tahun 2011 tentang Pengamanan Eksekusi Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor : 18/PUU-XVII/2019
(Syairulan A. Radjak, Ibrahim Ahmad, Roy Marthen Moonti)
DOI : 10.62383/jembatan.v1i4.1086
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Dec-2024
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Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.
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2024 |
Differences In Interpretation Between The District KPU And BAWASLU Of Gorontalo District Related To Administrative Violations Of The 2020 Regional Elections In Gorontalo District
(Moh. Maskun Nuna, Roy Marthen Moonti, Yusrianto Kadir, Marten Bunga, Muslim Kasim)
DOI : 10.62951/ijls.v1i3.88
- Volume: 1,
Issue: 3,
Sitasi : 0 29-May-2024
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The purpose of the research is to find out the causes of differences in interpretation between the Gorontalo Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 elections in Gorontalo Regency and how the process of resolving administrative violations of the 2020 elections in Gorontalo Regency by the Gorontalo Regency KPU and Bawaslu Gorontalo Regency. This research uses two legal research methods, namely: Normative and empirical legal research to find answers to the differences in interpretation between the KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 Pilkada in Gorontalo Regency. The difference in interpretation between the Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations is caused by overlapping statutory provisions. Where in Law Number 10 Year 201 concerning Pilkada, the two institutions are given the authority to examine and decide administrative violations, then the two institutions in deciding administrative violations have their own guidelines where Bawaslu is guided by Perbawaslu while the KPU itself is guided by KPU Regulations. This certainly does not provide legal certainty for justice seekers in election administration violations and the process of resolving administrative violations in the 2020 Pilkada in Gorontalo Regency, namely through DKPP and Constitutional Court decisions. We do not have to face different decisions between the two institutions because DKPP is an ethical judicial institution while the Constitutional Court is a legal judicial institution. Although there has been a decision from the Constitutional Court, it does not change the DKPP's decision because until now there has been no ethics court to appeal the DKPP's decision.
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2024 |
Mechanism For Impeaching The Vice Regent Of Gorontalo Regency For The Period 2016-2020
(Teddy Permana Asuki, Yusrianto Kadir, Roy Marthen Moonti, Marten Bunga, Muslim Kasim)
DOI : 10.62951/ijsl.v1i2.78
- Volume: 1,
Issue: 2,
Sitasi : 0 20-May-2024
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The research aims at investigating he mechanism for impeaching the Vice Regent period for 2016-2020 Gorontalo district and factors that influence Vice Regent to be impeached. This research is empirical research or direct research. The research is used descriptive analysis method so that the comprehensive view picture can be obtained regarding the rules which related to applicable rules or norms. The impeachment process is starts begins with a report submitted by a society the Regional House of Representatives, which is the legislature's commissions. Then it was continued with the formation of a Special Committee to hold a plenary session of the impeachment process for the 2016-2020 Deputy Regent. From the final results of the process in the realm of the Regional People's Representative Council, it is submitted to the Supreme Court in Deciding and establishing an Opinion from the Regional People's Representative Council which is then validated by the Minister of Home Affairs and returned to the regional government to announce the decision on the dismissal. The legal basis for the process and prohibition of a leader is regulated in the 1945 Constitution in conjunction with Law number 23 of 2014 concerning regional government.
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2024 |
The Role Of Mediation Based On Regulation Of The Minister Of Agrarian And Spatial Planning/Head Of The National Land Agency Number 21 Of 2020 Concerning The Handling And Settlement Of Land Cases
(Muhamad Yusri, Roy Marthen Moonti, Ibrahim Ahmad, Muslim Kasim)
DOI : 10.62951/ijlcj.v1i2.60
- Volume: 1,
Issue: 2,
Sitasi : 0 14-May-2024
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| Last.06-Aug-2025
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Settlement of land cases through mediation carried out by the Land Office of Boalemo Regency refers to Regulation of Agrarian Affairs Minister and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning Handling and Settlement of Land Cases. Mediation as an alternative for resolving land cases, it is necessary to popularize "mediator". A mediator must know psychologically the condition of the parties, so that they feel comfortable and the problem is resolved comfortably. In addition, the mediator must have analytical skills and expertise in creating a personal approach for the parties involved in the dispute. The mediator must be able to understand and give a positive reaction to the perceptions of each party. The goal is to build good relationships and trust. The parties' trust in the mediator makes it easier to reach a consensus. The priority regarding the purpose and function of the mediator is to resolve land cases in order to resolve cases without creating new ones. The research method that the author uses in this study is the empirical juridical law method, empirical juridical law is a study in addition to looking at the positive legal aspects, it also looks at its application or practice in the field. Thus the empirical juridical approach is a legal research method that seeks to see the law in a real sense or it can be said to see, examine, how the law works in society. The results shows that the handling and settlement of land cases through mediation at the Land Office of Boalemo Regency Land Office is done and carried out based on the Agrarian Affairs Minister Regulation and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning Handling and Settlement of Land Cases. Constraints faced in handling and resolving land cases through mediation at the Land Office of Boalemo Regency are in the form of juridical and non-juridical constraints. The juridical constraint is the technical instructions for the mediation procedure referred to by the regulation have not yet been published, while the non-juridical constraint is in the form of limited qualified human resources as mediators. Based on this, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency in the future must make structured, systematic and massive improvements to the mediation process by immediately issuing technical instructions and improving the quality of human resources in terms of being a mediator through guidance, training and direction.
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2024 |