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All Journal Al-Mizan (e-Journal) Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Madinah Mokobombang
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Penerapan Pembuktian Terbalik dalam Kasus Tindak Pidana Korupsi: (Studi Perkara Nomor: 22/Pid.Sus-TPK/2018/PN.Gto) Arhjayati Rahim; Madinah Mokobombang
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1897

Abstract

Evidence in criminal cases is generally borne by the public prosecutor. This is different from the criminal case of corruption, in addition to being proven by the public prosecutor, the defendant also has the right to prove that he did not commit a criminal act of corruption. This study aims to determine the arrangement of the shifting burden of proof system in cases of corruption and the application of the shifting burden of proof system in cases of corruption in Decision Number: 22/Pid.Sus-TPK/2018/PN.Gto. This type of research is a literature analyzed with a normative juridical approach. The results of the research show that the Decision Number: 22/Pid.Sus-TPK/2018/PN.Gto, seen from the evidence that in terms of the application of reverse evidence, the defendant exercised his right to carry out shifting burden of proof. However, the defendant did not prove that the property he had obtained was not the result of a criminal act of corruption, even though it was his obligation to prove this, so that the right to shifting burden of proof evidence was not fully utilized by the defendant.
Analysis Of Justice In The Application Of Legal Sanctions To Traffic Violators Based On The Electronic Ticketing System Madinah Mokobombang; Nenden Herawaty Suleman; Muhammad Julianto Sumanta; Siti Mahratul Nurjanna Mamonto; Salsa Annisa; Sabil Mokodenseho
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 2 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i2.168

Abstract

This study aims to analyze the fairness of the application of legal sanctions to traffic violators through the Electronic Traffic Law Enforcement (ETLE) system using an empirical juridical approach supported by a normative juridical approach. The empirical juridical approach is used to examine the implementation of ETLE in social reality through field observations and interviews with the public, police officers, and road users who have received electronic tickets. Meanwhile, the normative juridical approach is used to examine the legal provisions governing ETLE, such as Law No. 22 of 2009 and police regulations regarding electronic evidence and enforcement procedures. The results of the study indicate that normatively the ETLE system has fulfilled the principles of legal certainty, objectivity, and legality in traffic law enforcement. However, empirically, several obstacles were still found, including a lack of socialization, limited public understanding of the objection mechanism, inconsistencies in vehicle ownership administrative data, and technical constraints on the equipment. Nevertheless, ETLE is considered fairer because it reduces direct interaction between officers and violators and minimizes the potential for irregularities. This study concludes that the conformity between legal norms and field practices still needs to be strengthened so that substantive justice in the ETLE system can be optimally realized.
The Role Of Law In Maintaining Social Justice In Indonesia Through Community Training And Empowerment Madinah Mokobombang; Nenden Herawaty Suleman; Sabil Mokodenseho; Kirana Putri Calya; Meisi Mamonto; Muhammad Julianto Sumanta
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 3 (2025): Vol. 3 No. 3 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 3 Nom
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i3.169

Abstract

This study aims to analyze the role of law in maintaining social justice in Indonesia through community training and empowerment as an effort to strengthen legal literacy and access to justice. Using qualitative methods with a descriptive-analytical approach, this study explores the experiences, perceptions, and practices of communities involved in legal training programs organized by local governments, non-governmental organizations, and local communities. Data were collected through in-depth interviews, observation, and documentation, then analyzed using data reduction, data presentation, and conclusion drawing techniques. The results show that legal training contributes significantly to increasing understanding of basic rights, increasing community courage in accessing legal services, and establishing community paralegals capable of assisting citizens in resolving simple legal issues. Multi-stakeholder collaboration and the use of technology have also expanded the reach of legal education to communities in various regions. However, structural barriers such as complex bureaucracy and limited facilities remain challenges in achieving equitable social justice. Overall, this study confirms that community training and empowerment are effective strategies for strengthening the function of law as a guardian of inclusive and sustainable social justice.
Co-Authors Arhjayati Rahim Kirana Putri Calya Meisi Mamonto Muhammad Julianto Sumanta Nenden Herawaty Suleman Sabil Mokodenseho Salsa Annisa Siti Mahratul Nurjanna Mamonto