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Implementasi Fungsi Preventif dan Represif dalam Patroli Kepolisian di Tingkat Polsek Andasia, Junaidy; 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.v2i2.1991

Abstract

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.
Restatement terhadap Unsur Perencanaan dalam Pasal 340 KUHP Arifin Andiwewang; Moonti, Roy Marthen; Ahmad, Ibrahim
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.992

Abstract

Article 340 of the Indonesian Criminal Code (KUHP) regulates the crime of premeditated murder, which is characterized by the element of “with prior planning”. This element serves as the principal distinction between ordinary murder and premeditated murder. However, in judicial practice, this element is often interpreted inconsistently by judges, potentially resulting in disparities in verdicts and injustice in criminal adjudication. This research aims to restate and clarify the meaning of “prior planning” in Article 340 KUHP to promote a more consistent and fair application of the law. The research employs a normative juridical approach by analyzing a number of court decisions from the Kotamobagu District Court related to premeditated murder cases. The theoretical framework includes sentencing theory as the grand theory, legal interpretation theory as the middle theory, and criminal responsibility theory as the applied theory. The findings reveal inconsistencies in how judges assess the element of “planning”, particularly regarding the psychological state of the perpetrator and the existence of a cooling-down period between intention and execution. Based on these findings, a more explicit and standardized formulation of the term “prior planning” is necessary to ensure proportional legal enforcement, legal certainty, and substantive justice in applying Article 340 KUHP.
Perkawinan Anak Antara Legalitas Formal dan Realitas Sosial di Masyarakat Tabi, Sunarti; Moonti, Roy Marthen; Ahmad, Ibrahim
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.1085

Abstract

Child marriage in Indonesia is still a serious problem despite regulations that limit the minimum age of marriage. The revision of Law No. 16/2019 sets the minimum age at 19 years, but the practice of marriage dispensation has actually increased. This phenomenon reflects the gap between formal legality and social reality which is influenced by factors such as low education, patriarchal culture, conservative religious interpretations, social pressure, and poverty. Dispensation for marriage is often granted without an in-depth assessment of the child's readiness, ignoring the principle of the best interests of the child. Law enforcement has not been effective due to the lack of legal literacy, weak supervision, and the dominance of local values. Prevention efforts require an interdisciplinary approach through reproductive health education, strengthening social protection, community participation, and synergy between institutions. Therefore, the elimination of child marriage must be a strategic policy based on the transformation of social norms and the protection of children's rights in a holistic and sustainable manner within the framework of gender perspective development and social justice.
Formed Police Unit dalam Perspektif Hukum Internasional dan Perlindungan Sipil di Wilayah Konflik Rampengan, Ricky Rifaldi; Moonti, Roy Marthen; Ahmad, Ibrahim
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.1139

Abstract

This article examines the role of the Formed Police Unit (FPU) in the perspective of international humanitarian law and international human rights law, particularly in the context of civilian protection in conflict areas. The FPU is an armed police unit deployed in UN peacekeeping missions with a mandate to protect civilians, maintain order, and support post-conflict recovery. Despite its strategic role, the FPU faces legal, operational and socio-cultural challenges. This study uses a normative-juridical approach by analyzing international legal documents, UN operational standards, and academic literature. It is emphasized that the effectiveness of the FPU is highly dependent on human rights-based training, clarity of mandate, logistical readiness, and the ability to build trust with local communities. This article recommends strengthening accountability mechanisms and cross-sector integration in peace missions, so that the FPU is able to carry out its protection mandate substantially and in accordance with applicable international legal principles.
Peran Putusan Sela dan Putusan Akhir dalam Mewujudkan Keadilan Prosedural di Pengadilan Podomi, Prayogi Aryovandri; Moonti, Roy Marthen; Ahmad, Ibrahim
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.694

Abstract

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.
Tanggung Jawab Hukum Pengelola Pelabuhan terhadap Keselamatan Penumpang dalam Angkutan Penyeberangan Abdul, Deni S.M; Moonti, Roy Marthen; Ahmad, Ibrahim
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.845

Abstract

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.
Evaluation of The Effectiveness of The Handling Time of Election Violations Election by Gakkumdu Suleman, Fahmi; Moonti, Roy Marthen; Ahmad, Ibrahim
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.324

Abstract

General Election (Pemilu) is a fundamental pillar of democracy that often faces various challenges, including legal violations that undermine its integrity. To overcome this, the Integrated Law Enforcement Center (Gakkumdu) was formed as a collaboration between Bawaslu, the Police, and the Attorney General's Office to accelerate the handling of election violations. However, the strict handling time limit of 14 working days is a major challenge in achieving fair and effective decisions. This study aims to evaluate the effectiveness of the handling time of election violations by Gakkumdu and identify the inhibiting factors. Using a descriptive-analytical qualitative method, this study found that the main obstacles include inter-agency coordination, sectoral ego, limited human resources, and lack of supporting technology. In addition, differences in legal interpretation and low public legal awareness also slowed down the enforcement process. In conclusion, the effectiveness of Gakkumdu handling time is not optimal and requires policy reform. Recommendations include simplifying procedures, cross-agency training, utilizing technology, and educating the public. These reforms are expected to improve election integrity and support a fairer democracy.
The Effect of Good Corporate Governance on Company Performance with Corporate Social Responsibility as a Moderating Variable Ahmad, Ibrahim; Amril, Amril; Yasen, Syahruddin; Machmud, Mulyana; Khalik, Abdul
Atestasi : Jurnal Ilmiah Akuntansi Vol. 7 No. 1 (2024): March
Publisher : Pusat Penerbitan dan Publikasi Ilmiah, FEB, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57178/atestasi.v7i1.761

Abstract

The purpose of this study was to determine the effect of Good Corporate Governance on Company Performance with Corporate Social Responsibility as a Moderating Variable. This research is an Empirical Study of Manufacturing Companies Listed on the IDX for the 2017-2022 Period. The method used in this research is quantitative method. Empirical analysis can involve collecting company financial data, including Good Corporate Governance practices that may be measured by certain methods (such as accruals or other qualitative methods), as well as Company Performance data that can be calculated and Corporate Social Responsibility data as a Moderating Variable. After the data is collected, statistical analysis such as linear regression may be used to test the relationship between Good Corporate Governance variables on Company Performance With Corporate Social Responsibility As A Moderating Variable. The results of this study indicate that Good Corporate Governance practices have a negative effect on financial performance, Corporate Social Responsibility has a positive effect on financial performance, simultas Good Corporate Governance and Corporate Social Responsibility have a significant effect on financial performance.
Spatial Analysis and Quantitative Microbial Risk Assessment (QMRA) on The Quality of Refilled Drinking Water in Puskesmas Work Area Moncongloe Maros District Ahmad, Ibrahim
Golden Ratio of Data in Summary Vol. 1 No. 2 (2021): May - October
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v1i2.271

Abstract

The type of research used is descriptive research with a Microbial Risk Assessment (MRA) on refilled drinking water (Ryan et al., 2022). The design of this study uses a Geographic Information System (GIS) approach. Retrieval of data using the exploratory method, namely sampling is done directly. The research was carried out in the Working Area of the Moncongloe Health Center, Maros Regency, for approximately 1 (one) month in October 2020. The population in this study were all Refill Drinking Water Depots in the working area of the Moncongloe Health Center, Maros Regency, namely 17 depots. The sampling technique in this study was total sampling, namely 17 Refill Drinking Water Depots in the working area of the Moncongloe Health Center, Maros Regency. The bacteria that became the research were Escherichia coli bacteria. The exposure assessment was carried out on 170 respondents, namely 10 respondents who consumed drinking water from each depot. The type of data used in this study is quantitative data in the form of the results of laboratory examinations for Escherichia coli content in refilled drinking water.
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 Yusri, Muhamad; Moonti, Roy Marthen; Ahmad, Ibrahim; Kasim, Muslim
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i2.60

Abstract

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.