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All Journal Journal of Development Research JURNAL ILMIAH LIVING LAW LEGAL BRIEF Jurnal Hukum Lex Generalis International Law Discourse in Southeast Asia

Audyna Mayasari Muin

universitas hasanuddin

Author-ID : 3072326

Civil Engineering, Building, Construction & Architecture Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 7 Documents Claim Missing Document

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Articles

The Role of Granting Expert Information By The Indonesian Financial Examiner's Loss on the Judge's Decision In Proof of Criminal Offense Sultan Sa'aduddin Akib; Andi Muhammad Sofyan; Audyna Mayasari Muin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (759.376 KB)

The study aims to analyze the role of expertory by the Indonesian finance ministry on assessing the state's losses to the judges decision on alleged criminal corruption and the obstacles it faced by the finance ministry's giving expert testimony in judicial proceedings. The type of research used by the writer is the type of empirical law study. The study is conducted at the finance ministry of the Indonesian Republic of Sulawesi representative and the makassar district court. The legal material used is the primary law ingredient, the data obtained directly from interviews and secondary law materials, data through literature, books, journals, and legislation studies. The material of the law is qualitatively analyzed and presented in descriptive terms. The results of the research, concluded that, (1) The role of giving expert information by BPK is important but evidence is not binding on the judge to render a ruling. So that the judge has the right and freedom to make an appraisal of his perfection and truthfulness, and the judge can either accept, regard and make into consideration the giving of expert information by the body of the financial examiner or not. (2) In general, there are 2 (two) obstacles to proving a link to the criminal corruption, which is a drawback to the country's limited human resources, time for checkups and budgets. And also obstacles during the process of giving expert explanations that include, psychological obstacles, communication barriers, inappropriate congregation schedules, impaired professional health, and lack of material mastery by the expert.

Law Enforcement Of The Crime Of Illegal Fishing In The Waters Area Of Pangkajene Regency And The Islands Muhammad Fauzi Ramadhan; Abd. Asis; Audyna Mayasari Muin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Law enforcement of illegal fishing in the waters of Pangkajene and the islands has not been effective. This research is an empirical normative research, combining the normative legal approach to legislation with empirical elements in the form of interviews. The results of the study show that law enforcement of criminal acts in the field of fisheries in the Pangkajene and archipelagic waters has not been effective, this is due to a conflict of norms between one regulation and another related to the marine and fisheries sector, which causes law enforcement officers to find it difficult to implement which rules to enforce. In addition, the existence of an ego-sectoral relationship between law enforcement officers causes law enforcement to still not go hand in hand with each other and the ability of prosecutors and judges to complete the mighty crime of illegal fishing in the Pangkajene and Kepualuan districts.

Analysis of Evidence for the Crime of Money Laundering That Does Not Require Preliminary Proof of the Predicate Crime Musdayanti; Abd. Asis; Audyna Mayasari Muin
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

This study aims to analyze the the Legislative Ratio Article 69 UURI No. 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering that Does Not Require Proof of Excess Preliminary Crime in the Crime of Money Laundering. The research was conducted using a normative juridical research method using a statutory approach, a case approach, and a conceptual approach. The results of the study indicate that the process of handling money laundering cases is essentially very dependent on the original crime as contained in the provisions of Article 2 UURI No. 8 of 2010 which is an element in the crime of money laundering must come from a criminal act. In line with the above basis, Article 69 has been formulated which reads “In order to be able to carry out investigations, prosecutions, examinations in court proceedings against the crime of money laundering, it is not necessary to first prove the original crime”. Where the crime of money laundering can be investigated, prosecuted, and brought to court without having to first prove the original crime and not having to wait for the verdict of the predicate crime which has permanent legal force (inkracht).

AKUNTABILITAS PENGELOLAAN DANA DESA DALAM PENCEGAHAN TINDAK PIDANA KORUPSI Yustika Mahdania; Aminuddin Ilmar; Audyna Mayasari Muin
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.4757

This research aims to analyze the accountability of village fund management as a prevention of corruption in the accountability of village fund management. and analyze the form of supervision in accountability of village fund management as a prevention of corruption crimes. This type of research is a normative method, using a case approach. The results of the study show that: Accountability of village fund management in preventing corruption can be seen from performance measurement, performance management, and performance budgeting. In the management of village funds, there are still frequent misuse of village funds for the personal interests of village government elements. The form of supervision in the accountability of village fund management in preventing corruption through preventive supervision and repressive supervision. In reality, the rules related to the form of supervision have been regulated by involving various parties. However, in practice there are still many village government elements who easily misuse village funds.

Online Gender Based Violence Against Women Ratu Indra Kasih Pratiwi; Hijrah Adhyanti Mirzana; Audyna Mayasari Muin
Journal of Development Research Vol. 7 No. 1 (2023): Volume 7, Number 1, May 2023
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v7i1.229

This study aims to analyze the regulation of online gender based violence against women in Indonesia criminal regulations. This research use the normative methods. Accumulation method used by the author in this research is literature study. With a research approach that prioritizes legal materials in the form of legislation as a basic reference material in conducting research. As well as a conceptual approach used to understand concepts related to normalization in a legislation whether on accordance with the spirit contained in the underlying legal concepted. The research’s result shown that the regulation of online gender based violence against women in Indonesia criminal law could be concluded as follow: first, Law Number 1 of 1946 on Criminal Regulations. Second, Law Number 19 of 2016 on amendment to Law Number 11 of 2008 on Information and Electronic Transaction. Third, Law Number 44 of 2008 on Pornography, and last Law Number 12 of 2022 on Crime of Sexual Violence.

Reforming Justice for Digital Sexual Violence in Southeast Asia: Indonesia’s Legal Protection Framework and Regional Lessons Maskun; Muhammad Mutawalli Mukhlis; M. Aris Munandar; Syamsuddin Muchtar; Nur Azisa; Audyna Mayasari Muin; Arnita Pratiwi Arifin; Budiyanto
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.42711

Digital sexual violence is escalating in Southeast Asia as social media, chat services, and cloud storage enable non-consensual recording, dissemination of intimate images, sexual threats, and technology-facilitated harassment. This article assesses Indonesia’s legal protection framework and draws regional lessons for reform. Using normative legal research with international human rights law and comparative legal study as its primary approaches, this article examines Indonesia’s criminal law policies and selected judicial decisions concerning electronic-based sexual violence under the Sexual Violence Criminal Acts Law (SVCA Law, Law No. 12/2022) and the Electronic Information and Transactions Law (EIT Law, Law No. 19/2016). The analysis finds that Indonesia has advanced by criminalizing electronic-based sexual violence under the SVCA Law, yet sanctions remain focused on imprisonment and fines, leaving gaps for effective deterrence when offenders repeatedly exploit online communication tools. A recent revenge-porn case illustrates judicial experimentation with internet-access restrictions and the countervailing legality principle. Comparative insights from Canada and Germany show that court-supervised digital restrictions can be structured as additional penalties, while regional experiences in Malaysia, Thailand, and Japan underscore the value of conduct-specific offences and safeguards. The article proposes amending the SVCA Law, as lex specialis, to authorize proportionate revocation or limitation of online-communication access, supported by clear criteria, review mechanisms, and consistent inter-agency monitoring to balance constitutional freedoms and human rights.

Hubungan Hukum Adat sebagai Living Law pada Proses Acara Peradilan Pidana Penyandang Disabilitas St.Puan Khaliza A. iIham; Audyna Mayasari Muin; Maskun Maskun; Iin Karita Sakharina
Jurnal Hukum Lex Generalis Vol 7 No 3 (2026): Tema Hukum Adat dan Kebiasaan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i3.3271

Integration of customary law as living law in the judicial process for persons with disabilities. Customary law, a dynamic concept, has the potential to enrich the principles of restorative justice and reasonable accommodation as stipulated in Law Number 20 of 2025 concerning the Criminal Procedure Code. This study analyses the relationship between customary law as a living law and criminal procedure mechanisms, including customary deliberations for restorative justice for victims and defendants with disabilities, as well as reasonable accommodations. The findings demonstrate the need for formal recognition of customary law in Supreme Court Regulations (Perma/Regulations) to achieve inclusive justice for persons with disabilities.

Co-Authors Abd Asis Aminuddin Ilmar Andi Muhammad Sofyan Arnita Pratiwi Arifin Budiyanto Hijrah Adhyanti Mirzana Iin Karita Sakharina M. Aris Munandar Maskun Maskun Maskun Muhammad Fauzi Ramadhan Muhammad Mutawalli Mukhlis Musdayanti Nur Azisa Ratu Indra Kasih Pratiwi St.Puan Khaliza A. iIham Sultan Sa'aduddin Akib Syamsuddin Muchtar Yustika Mahdania

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