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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.
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.