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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

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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. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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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 coordination 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
Co-Authors Carissa Akhlaq Mulia Purnomo Dwinfa Erastio Harfi Gebby Yanuar Dwiyanti Konara, Thamasi Nadia Putri Stefanie Santosa, Zamroati Tsalisa Ulhaq, Aufa Dhiya