Article Per Year (5 Year)
p-Index From 2021 - 2026
1.376
P-Index
This Author published in this journals
All Journal Novum : Jurnal Hukum Dialogia Iuridica indonesian Journal of Administrative Law and Local Government (IJALGOV)
Muh. Ali Masnun
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
MENAKAR PELUANG PELINDUNGAN INDIKASI GEOGRAFIS PADA BIDANG JASA DALAM KERANGKA HUKUM INDONESIA: SEBUAH DIAGNOSA AWAL Muh. Ali Masnun
Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i1.3198

Abstract

The protection of geographical indications in Indonesia is still limited to the goods sector, but not yet for the service sector. The purpose of this study is to analyze the opportunities for the protection of geographical indications in the service sector within the legal framework in Indonesia. This research is a doctrinal research using a conceptual and statute approachs. The results of the study can be concluded that the opportunity for protection of geographical indications in the service sector is very good with an argument consisting of 4 aspects, including the provisions of the TRIPS agreement which are open, the potential for uniqueness of the region. based services, protection through the relative geographical indications still has weaknesses, and protection through communal intellectual property (traditional knowledge) is also relatively weak. The opportunities for the protection of geographical indications are also very relevant to several legal protection theories, including: predictive and anticipatory legal protection theory, integrative and coordinative theory, and social ownership theory.
Legal Review of the Existence of the Coordinating Ministry in The Ministerial System in Post-Reform Indonesia Ulhaq, Aufa Dhiya; Muh. Ali Masnun; Carissa Akhlaq Mulia Purnomo
NOVUM : JURNAL HUKUM Vol. 11 No. 04 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i01.69571

Abstract

This research is motivated by the problematic existence of the Coordinating Ministry in the post-reform Indonesian government system, especially related to the unclear regulation of the coordinating mechanism and the unclear boundaries of the formation of the Ministry. The purpose of this study is to legally analyze the existence of the Coordinating Ministry from time to time in various post-reform government cabinets and to provide recommendations regarding ideal arrangements in the future to ensure legal certainty and efficiency of the ministerial structure. The research method used is normative legal with a statutory approach, historical approach, conceptual approach, and case approach. The results of the study indicate that the existence of the Coordinating Ministry, although not explicitly regulated in the 1945 Constitution of the Republic of Indonesia, has become an integral part of the government system through state practices and derivative laws and regulations, such as Law Number 39 of 2008 and its amendments. However, in its implementation, weaknesses were found in the aspects of coordination, politicization of positions, budget waste, and inconsistency in the number of ministries that do not have normative boundaries. This study concludes that it is necessary to reorganize the coordinating ministry system, both in terms of regulations and institutional structure, by emphasizing efficiency, effectiveness, and legal certainty so that national development goals can be achieved optimally.
A Comparative Analysis of Asset Forfeiture Regulations in Criminal Offenses: The Case of Indonesia, the United Kingdom, and New Zea-land Santosa, Zamroati Tsalisa; Muh. Ali Masnun; Konara, Thamasi
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 01 (2025): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.40721

Abstract

Corruption is a type of crime driven by economic motives because it has a negative impact on a country’s economic activities and financial stability. In Indonesia, corruption is an ongoing issue that must be eradicated. This is due to the fact that the financial losses suffered by the state as a result of corruption are enormous. However, the amount of recovered losses is not proportional to the losses themselves. Based on this, efforts are needed to recover state losses, one of which is through asset forfeiture. This study aims to analyze the existing regulation of asset forfeiture related to criminal offenses in Indonesia and to compare the legal frameworks for asset forfeiture between Indonesia, the United Kingdom, and New Zealand. This study uses normative legal research methods. The research approach applied includes statutory, conceptual, and comparative approaches. Data collection techniques were conducted through literature review, while the analysis technique used is prescriptive qualitative analysis. The results of the study show that the existing regulations on asset forfeiture in Indonesia are governed by various laws and regulations. The asset forfeiture mechanism adopted by Indonesia is in personam asset forfeiture. Meanwhile, the United Kingdom and New Zealand have added in rem asset forfeiture mechanism to their legal systems. In conclusion, Indonesia’s current regulation, which still relies on in personam asset forfeiture, is not yet sufficiently effective in recovering state losses caused by corruption
Transparency Principle in Local Revenue Governance: An Administrative Law Perspective Wijayanti, Athaya Faiz; Muh. Ali Masnun; Wijaya, Andy Usmina
NOVUM : JURNAL HUKUM Vol. 12 No. 4 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i4.74956

Abstract

This study offers an integrated normative empirical assessment of transparency implementation in local revenue governance, highlighting the structural gap between legal standards and administrative capacity. This study also analyzes the implementation of the principle of transparency in the management of Local Revenue (PAD) by the Regional Financial and Asset Management Agency (BPKAD) of Surabaya City as a manifestation of the application of the General Principles of Good Governance (AAUPB). Using a sociological legal empirical research method, this study combines primary data from interviews with the Head of the Treasury and Accounting Division of BPKAD Surabaya City with secondary data in the form of laws and regulations, official documents, and scientific literature. The results of the study show that BPKAD Surabaya City has implemented the principle of openness through proactive publication, an integrated information system, public information request services, and an SPBE-based data security mechanism. However, implementation still faces significant challenges, including normative aspects (interpretation of the boundaries between open and exempt information, legal timeframe inconsistencies), technical aspects (digital human resource limitations, system downtime, data integration), and institutional aspects (political pressure, information sensitivity, bureaucratic culture). This study concludes that although the regulatory framework is comprehensive, implementation of the principle of openness requires harmonization of legal norms with empirical capacity, strengthening of digital infrastructure, improvement of human resource competencies, and a sustained commitment to realizing transparent and accountable regional financial management.
The Principle of Erga Omnes and Legal Certainty in the Execution of Administrative Court Decisions -, Maalikatussofa; Muh. Ali Masnun; Hidayatullah, Fahri
Indonesian Journal of Administrative Law and Local Government Vol. 3 No. 1 (2026): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v3i1.50567

Abstract

This study analyzes the binding force of Administrative Court decisions on administrative bodies that are not formally parties to the dispute, as well as the legal implications of non-compliance with these decisions on the certainty of the employment status of civil servants. The research method used is normative legal analysis with a regulatory, conceptual, and case-based approach. The results of the study show that PTUN decisions that have permanent legal force are res judicata and have erga omnes binding force, thereby creating a normative obligation for all administrative authorities to implement them, even if they were not directly involved in the litigation process. Ignoring these decisions creates legal uncertainty that is contrary to the principle of legal certainty in the General Principles of Good Governance. This finding emphasizes the importance of progressive interpretation of the binding force of administrative court decisions and encourages administrative authorities to comply with decisions that have permanent legal force and provide legal mechanisms for aggrieved parties to effectively demand legal certainty.
Co-Authors -, Maalikatussofa Andy Usmina Wijaya Carissa Akhlaq Mulia Purnomo Dwinfa Erastio Harfi Gebby Yanuar Dwiyanti Hidayatullah, Fahri Konara, Thamasi Nadia Putri Stefanie Santosa, Zamroati Tsalisa Ulhaq, Aufa Dhiya Wijayanti, Athaya Faiz