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All Journal At-Tanwir Law Review
Arifin Tumuhulawa
Fakultas Hukum, Universitas Gorontalo Jl. Jendral Sudirman No.24, Kec. Limboto, Kab. Gorontalo

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EFEKTIVITAS KEPUTUSAN MENTERI HUKUM DAN HAM TENTANG BESARAN BIAYA BANTUAN HUKUM LITIGASI DAN NON LITIGASI BAGI MASYARAKAT MISKIN Indra Lesmana Poetra Salimuddin; Ibrahim Ahmad; Arifin Tumuhulawa
At-Tanwir Law Review Vol 5, No 2 (2025): Agustus 2025
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v5i2.4204

Abstract

This research aims to analyze the effectiveness of the implementation of the Decree of the Minister of Law and Human Rights M.HH-01.HN.03.03 of 2021 concerning the amount of legal aid fees for litigation and non-litigation for impoverished communities. Employing a socio-legal (yuridis empiris) approach, this study examines the prevailing legal provisions while also investigating actual legal events in society, with field research conducted in Gorontalo Province. The objective is to determine the extent to which this policy is effective in providing legal assistance to impoverished communities. The research findings indicate that although the Ministerial Decree has provided a crucial legal basis for the provision of legal aid, its implementation has not yet reached an optimal level from a technical execution perspective. Various obstacles were encountered in the field, including a mismatch between the stipulated fee amounts and the actual operational needs of legal aid provider organizations. This potentially hinders the quality and scope of services that can be provided to impoverished communities. To enhance the effectiveness of this policy, this research proposes several optimization strategies. These strategies include the necessity of periodically revising the amount of legal aid fees, taking into account factors such as inflation rates and the complexity of the cases handled. Furthermore, strengthening the capacity of legal aid institutions is essential, which can be achieved through continuous training for advocates and paralegals, the utilization of information technology to improve administrative and reporting efficiency, and the strengthening of collaborative networks among related institutions. A comparative study with other regions, such as DKI Jakarta, suggests that the adoption of administrative innovations and the utilization of digital technology have significant potential in increasing the efficiency and expanding the reach of legal aid services. Therefore, this research recommends several concrete steps: (1) Conducting periodic revisions of the legal aid fee amounts, considering economic conditions and the characteristics of the cases. (2) Encouraging local governments to allocate supporting budgets in the Regional Revenue and Expenditure Budget (APBD) to support the sustainability of legal aid programs at the local level. (3) Enhancing the institutional capacity of Legal Aid Organizations (OBH) through continuous training programs, the utilization of technology in operations, and the strengthening of collaboration with various relevant parties. With the comprehensive implementation of these optimization strategies, it is expected that legal aid programs can reach impoverished communities more effectively and contribute to the realization of the principle of social justice in Indonesia.
EFEKTIVITAS PELAKSANAAN PERATURAN DAERAH PROVINSI GORONTALO NOMOR 10 TAHUN 2014 TENTANG KAWASAN TANPA ROKOK (KTR) Yuliska Filastri Ruruh; Nurwita Ismail; Arifin Tumuhulawa
At-Tanwir Law Review Vol 5, No 2 (2025): Agustus 2025
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v5i2.4191

Abstract

This research analyzes the effectiveness of Gorontalo Province Regional Regulation No. 10 of 2014 concerning Smoke-Free Areas (KTR), identifies influencing factors, and formulates improvement efforts. Employing a normative empirical method with a sociology of law approach, the study examines the regulation's implementation in society. The findings indicate that the implementation of the KTR Regional Regulation is not yet effective. Smoking activities persist in KTR areas without significant action from authorities, despite stipulated sanctions. Factors hindering effectiveness include low public awareness, insufficient support from the government and law enforcement, minimal public participation, and limited funding and infrastructure. To enhance the effectiveness of the KTR Regional Regulation, the research recommends socialization efforts, inter-agency coordination, the establishment of a supervisory team, strict law enforcement, and clear sanctions for violators. Furthermore, it is crucial to increase public education and guidance regarding the dangers of smoking and the urgency of KTR. Recommendations for the public include complying with the KTR Regional Regulation, particularly in health facilities and schools. The Regional Government is expected to continue its socialization efforts. Effective enforcement of the KTR Regional Regulation is anticipated to improve the community's quality of life by making it healthier and free from cigarette smoke.
POLITIK HUKUM PEMERINTAH DAERAH DALAM PENYUSUNAN ANGGARAN PENDAPATAN DAN BELANJA DAERAH (APBD) DALAM PERSPEKTIF OTONOMI DAERAH DAN DEMOKRASI Rahayu Mointi; Arifin Tumuhulawa; Yusrianto Kadir
At-Tanwir Law Review Vol 4, No 2 (2024): Agustus 2024
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v4i2.3075

Abstract

This study aims to examine and analyze the Misuse of Village Fund Management in the Criminal Law Perspective and analyze Efforts to This study aims to analyze the Legal Politics of Local Government in the Preparation of Regional Expenditure Revenue in the Perspective of Regional Autonomy and Democracy and analyze the Urgency of Strategic Programs in the Preparation of Regional Expenditure Revenue and Determination to Realize an Independent and Prosperous Region. The research method used is normative research, namely, legal research carried out using literature review and review of legislation. The results showed that  the Urgency of Strategic Programs in the Preparation of Regional Expenditure Revenue Budgets and Determination to Realize an Independent and Prosperous Region, namely Regional Governments in developing their regions, to prosper their communities by improving, accelerating community services, empowering and community participation as well as increasing regional competitiveness by taking into account the principles of democracy, equity, justice,  the privileges and particularities of a region in the Unitary State system of the Republic of Indonesia, which is a reference for local governments in planning budgeting.
EFEKTIVITAS PELAKSANAAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN NEGARA DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI COVID-19 Irham Daud; Arifin Tumuhulawa; Robby W. Amu
At-Tanwir Law Review Vol 4, No 2 (2024): Agustus 2024
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v4i2.3076

Abstract

This study aims to examine and analyze the Financial Policy Implementation Mechanism in the Formulation of the 2020 Regional Budget Draft in the context of Budget Recofusing Related to Handling the COVID-19 Pandemic in Boalemo Regency. And analyze the Effectiveness of the Implementation of Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the COVID-19 Pandemic in Boalemo Regency. is Empirical, which is research that will be carried out by researchers by going directly to the field, to find out directly the answers from informants / respondents. The results showed that the Financial Policy Implementation Mechanism in the Formulation of the 2020 Regional Budget Draft in the Framework of Budget Recofusing Related to Handling the COVID-19 Pandemic in Boalemo Regency was based on Presidential Instruction Number 4 of 2020 on March 20 and the Implementation of Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the Pandemic COVID-19 in Boalemo Regency has not been effective by conducting a more in-depth analysis and considering these various factors.
PENYALAHGUNAAN PENGELOLAAN DANA DESA DALAM PERSPEKTIF HUKUM PIDANA Erwis Tumuhulawa; Arifin Tumuhulawa; Roby W. Amu
At-Tanwir Law Review Vol 4, No 2 (2024): Agustus 2024
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v4i2.3037

Abstract

This study aims to examine and analyze the Misuse of Village Fund Management in the Criminal Law Perspective and analyze Efforts to Prevent Misuse of Village Fund Management in the Criminal Law Perspective. The research method used is normative research, namely legal research conducted by means of literature review and review of legislation. The results showed that the misuse of village fund management in the perspective of criminal law is embezzlement, misuse of budget, abuse of authority, illegal levies, mark ups, fictitious reports, budget cuts and bribes. And there are five points prone to corruption in the village fund management process that are generally carried out by village governments, namely the planning process; Accountability process; Monitoring and evaluation process; Implementation process; The process of procurement of goods and services in terms of distribution and management of village funds. Efforts to Prevent Misuse of Village Fund Management in the Perspective of Criminal Law, namely by recognizing the Mode of Corruption to strengthen the control function of all element