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Efektivitas Penyelesaian Sengketa HAM oleh Kantor Wilayah Kementerian Hukum dan HAM Provinsi Gorontalo Daud, Adolvina; Ahmad, Ibrahim; Ismail, Nurwita
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i3.936

Abstract

This study examines the universal concept of human rights as fundamental to all individuals. Human rights reflect dignity, equality, autonomy, and legal protection, and must be ensured by the state. Although broadly accepted, continuous education and public awareness—especially for marginalized groups—remain essential. In Gorontalo Province, the Ministry of Law and Human Rights’ Regional Office plays a pivotal role in responding to alleged human rights violations through its Community Communication Services Program, as regulated by Ministerial Regulation No. 23 of 2022. Using an empirical legal approach, the study gathers data through literature reviews, legal documents, and interviews with relevant stakeholders. Findings show that the Regional Office serves as a key constitutional institution promoting access to justice and upholding legal protections. Its activities include handling public complaints, forming investigative teams, and coordinating with law enforcement and legal aid bodies. Legal aid—both state-sponsored (pro deo) and volunteer-based (pro bono)—emerges as a crucial tool for promoting justice, especially for the underprivileged. The structured complaint mechanism under Ministerial Regulation No. 23 of 2022 strengthens the state’s role in ensuring equality before the law and fulfilling its constitutional obligations to protect human dignity and human rights.
Dissenting Opinion dan Asas Legalitas dalam Pemberhentian Anggota Polri Prakoso, Aditya Afieq; Moonti, Roy Marthen; Ahmad, Ibrahim
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i3.1011

Abstract

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.
Perencanaan Anggaran Berbasis Rencana Kerja Anggaran dan Mekanisme Penegakan Hukum terhadap Pelanggaran di Institusi Kepolisian Saleh, Moh Fitrah; Moonti, Roy Marthen; Ahmad, Ibrahim
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i3.1082

Abstract

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.
Tuntutan Ganti Rugi dalam Kecelakaan Lalu Lintas Sulli, Frans A.; Moonti, Roy Marthen; Ahmad, Ibrahim
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 1 (2025): Maret : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i1.1990

Abstract

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.
Pertanggung Jawaban Pidana Pengemudi dalam Keadaan Mabuk yang Menyebabkan Kematian Paneo, Rahmat; Moonti, Roy Marthen; Ahmad, Ibrahim
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 4 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i4.1083

Abstract

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.
Perlindungan Hukum terhadap Debitur yang Wanprestasi terhadap Penarikan Objek Kredit Tanpa Persetujuan Debitur Leode, Roosdiana Marthina; Moonti, Roy Marthen; Ahmad, Ibrahim
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 2 (2025): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i2.1086

Abstract

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.
Pemilihan Ulang dan Kepastian Hukum dalam Pilkada: Analisis Putusan Mahkamah Konstitusi Nomor 55/PHPU.BUP-XXIII/2025 Ahaya, Siska; Moonti, Roy Marthen; Ahmad, Ibrahim
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 2 (2025): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i2.1101

Abstract

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.
EFEKTIVITAS KEPUTUSAN MENTERI HUKUM DAN HAM TENTANG BESARAN BIAYA BANTUAN HUKUM LITIGASI DAN NON LITIGASI BAGI MASYARAKAT MISKIN Lesmana Poetra Salimuddin, Indra; Ahmad, Ibrahim; Tumuhulawa, Arifin
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.
IMPLEMENTASI PEMBERIAN BANTUAN HUKUM KEPADA MASYARAKAT MISKIN OLEH ORGANISASI BANTUAN HUKUM DI PROVINSI GORONTALO Pakaya, Ira; Ahmad, Ibrahim; Waluyo Amu, Robby
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.v5i2.4203

Abstract

This study aims to examine and analyze the role of Legal Aid Organizations (OBH) in providing legal aid services to the poor in Gorontalo Province, as well as identifying the obstacles faced in its implementation. The background of this study is based on the principle of a state of law that guarantees the right to protection and access to justice for every citizen without discrimination, as regulated in Law Number 16 of 2011 concerning Legal Aid. This study uses an empirical legal method, with data collection techniques through observation, interviews, and documentation of OBHs active in the Gorontalo Province. The results of the study show that the role of OBHs is very significant in providing litigation and non-litigation legal assistance, as well as legal counseling to the poor. During the period 2022 to 2024, the number of cases handled and the budget absorbed showed a high increase and effectiveness, with a budget absorption rate of above 99%. However, there are several obstacles that hinder the effectiveness of services, such as budget limitations, lack of professional human resources, low legal literacy of the community, geographical constraints, administrative bureaucracy, and minimal support from local governments. Therefore, synergy is needed between the government, OBHs, and the community in strengthening an inclusive and equitable legal aid system.
Reformasi Sistem Peradilan Pidana Anak di Indonesia Antara Diversi, Restoratif, dan Perlindungan Hak Anak Panu, Ariyanti; Moonti, Roy Marthen; Ahmad, Ibrahim
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 2 (2025): Juni: Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v2i2.1885

Abstract

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.