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All Journal AL-Daulah JUSTITIA JURNAL HUKUM Journal of Education, Humaniora and Social Sciences (JEHSS) JURNAL HUKUM dan KENOTARIATAN PERSPEKTIF JUSTISI Journal of Law and Policy Transformation NEGARA DAN KEADILAN JURNAL USM LAW REVIEW Academia Open Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman International Journal of Social Service and Research Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Law Development Journal International Journal of Law, Environment, and Natural Resources Jurnal Locus Penelitian dan Pengabdian Hang Tuah Law Journal Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Bulletin of Indonesian Islamic Studies Journal of Global Pharma Technology International Significance of Notary

Mohammad Muhibbin

Universitas Islam Malang

Author-ID : 323665

Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Physics Public Health Social Sciences Other

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AUTHORITY OF DISTRICT/CITY BAWASLU IN THE PROCESS OF HANDLING VIOLATIONS OF THE CODE OF ETHICS FOR AD HOC GENERAL ELECTION SUPERVISORS Ruwiyono, Ruwiyono; Muhibbin, Moh.
International Journal of Social Service and Research Vol. 4 No. 05 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Bawaslu as an election supervisory agency has the authority, one of which is to decide on an election violation. If you look at the process of resolving election violations, it can also be related to the concept of justice, because election violations are not a category of ordinary crimes, but extraordinary crimes whose resolution requires the concept of justice in order to realize a good democracy. The election law has contained the formulation of delix and the threat of sanctions and penalties for election violations, including the mechanism for resolving them. In a theoretical study, the conviction of a person is closely related to criminal responsibility. The focus of the discussion on legal issues is how the process of resolving election violations against the concept of justice and the implications of the decision on election violations by Bawaslu on KPU policy making. This research is a type of qualitative research. This research emphasizes on election management institutions, so the main approach used is the institutional network approach to Bawaslu, namely through a legal approach and a conceptual approach. Meanwhile, the legal material uses laws related to elections and its derivatives, namely the Bawaslu regulations in dealing with election violations. The influence of a Bawaslu decision is very important in deciding election violations, if the independence of the Bawaslu is still attached and its dignity is maintained, then the democratic process in this country will run very well and fairly for all people who want electoral justice to be realized. With the importance of an Bawaslu decision in deciding a violation, Bawaslu itself must be far from being neutral. The code of ethics as the guardian of the dignity of democracy must be strictly guarded. Revision of Law 7 of 2017 concerning Special General Elections regarding administrative sanctions against administrative violations committed by election participants and election organizers is urgently needed. The sanctions given should be clearer and firmer so that the sanctions imposed are commensurate with the type of violation committed, which in the end can serve as a deterrent so that the election organizers work according to applicable norms/rules and have a deterrent effect.

Relationship of Regional Government and Village Government Before and After the Effect of Law Number 6 of 2014 Concerning Villages Prasetiawan, Andik; Muhibbin, Moh.
International Journal of Social Service and Research Vol. 4 No. 05 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

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The relationship between local and village governments becomes uncertain and blurs from its essence. In addition to exercising the remaining authority of the Regional Government although not herarchically but formalistically, the existence of the Village as a legal community unit that has original autonomy based on the right of origin is not fully recognized. As a unitary state, Indonesia recognizes and respects the existence of villages and customary villages, which are referred to as "unity of customary law communities", as stated in the constitutional basis of the 1945 Constitution. Thus this study focuses on two problem formulations. First, how was the relationship between the Regional Government and Village Government before and after the enactment of Law No. 6 of 2014? Second, what are the problems faced before and after the enactment of Law No. 6 of 2014?, when viewed from the concept of Autonomy? This research is a normative legal research, by analyzing the applicable laws and regulations related to Regional Government and Village Government before and after the enactment of Law No. 6 of 2014. This research uses two approaches, namely the juridical-normative approach (statue approach), and then the historical approach (historical approach). From the results of this study, there are several conclusions between him: First, the relationship between Regional and Village Governments, especially in Law No. 22 of 1999, and Law No. 32 of 2004, is increasingly unclear and tends to be partial. Because basically Villages and Regions are sub-systems of the Government that have their own government. On the contrary, it is regulated in one law, so that the essence of the Village as a legal community unit becomes blurred. Second, the design of Law No. 6 of 2014 concerning Villages, according to the concept of autonomy. The existence of the village actually strengthens the unitary state system by respecting and acknowledging its existence. The existence of Villages and Customary Villages as a legal community unit, as well as Village autonomy have a constitutional basis. The position of the village is not as the lowest composition of the Government, but a sub-system of the Government. because the Village according to this Law is a merger of two important elements, namely self-local governing community and local self government which is run based on the principles of recognition and subsidiarity.

Obligatory Wills for Adopted Children, Children of Unmarried Couples, and Children of Different Religions Muhibbin, Mohammad
Al-Risalah Vol 18 No 2 (2018): December 2018
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

In the perspective of Islamic law, the realization of obligatory wills is along with Islamic insight as a religion which focuses on realizing such realization from the principal of justice and a form of love among human being. This passion which has been created in one family can be realized by the giving of some part of the inheritance through obligatory wills to obstructed people being (heirs), both obstructed as adopted, born outside of legal marriage or children of different religions. All of those are meant for kindness, harmony and to avoid conflicts in the world which give big impact for creating harmony and peaceful family. This research was analysis the application of obligatory testaments to adopted children, legitimate children that born outside of marriage and children of different religions. Analysis has been reviewed according to fiqh’s view, Compilation of Islamic Law (KHI) and practice in the Religious Courts.

Implementation of Land Revenue for The Construction of Toll Road from Pandaan to Malang Wicaksono, Moch.Yuris; Rokhim, Abdul; Muhibbin, Moh.; Limsira, Patthara
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.790

The purpose of this study is to understand how landowners make payments for development according to Law No. 10. Law No. 2 of 2012 regarding the process of legal solution in case of land acquisition for public benefit development and right holders not accepting the decision and/or money amortization study. The research used in this article is legal research and the following points can be deduced: (1). Payments are made in accordance with Law No. 1. The "Public Development Research Report" No. 2 of 2012 states that the payment to the right holders during land acquisition is reasonable and fair. The compensation amount is calculated based on the base parcel, including land, aboveground and underground, buildings, factories, underground equipment and other damages. According to the analysis of the payment, payments can be made according to money, land transfer, relocation, equity capital and other agreements to be made by both parties. (2). In other words, the legal solution to payment problems is that in case of objection to the document and payment, the beneficiary can appeal to the regional court within 14 business days after signing the payment document. Additionally, the District Court has the authority to determine the form and/or compensation within 30 business days from receipt of the complaint. Those who object to the decision of the regional court may appeal to the Court of Cassation within 14 working days. In this case, the Court of Cassation must make a decision within 30 working days after receiving the application for decision

The Existence of Legal Politics in Realizing a Just State of Law Ike Yuvayanti; Misranto; Moh. Muhibbin
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i1.25928

The rule of law aims to create justice, but in practice, legal politics is often influenced by the interests of economic and political elites. Injustice occurs due to regulations that favor certain groups over the welfare of the community at large. One example is regulatory changes in the mining sector that facilitate investment but ignore the rights of surrounding communities. This study aims to analyze the role of legal politics in realizing an equitable rule of law. This study explores how legal politics affects regulations, legal implementation, and its impact on society, especially in the context of mining policy. This research uses a normative method with a literature study approach. Secondary data is obtained from books, scientific journals, and relevant laws and regulations. The approaches used include statute approach, conceptual approach, and case approach to understand the influence of legal politics in public policy. legal politics in Indonesia still tends to favor the interests of the elite, resulting in inequality of justice. Inconsistent law implementation, weak rule of law, and political intervention in the judicial system hinder the realization of social justice. Regulations in the mining sector, for example, favor entrepreneurs over the welfare of local communities. Therefore, political legal reforms are needed that favor the interests of the people, strengthen the rule of law, and ensure the protection of human rights in order to create a just rule of law.

The Implementation of Diversion for Juvenile Offenders: A Case Study in the Batu City Police Department Kurniawan, Rudi Eko; Sunardi, Sunardi; Muhibbin, Moh.
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1923

The juvenile justice system is closely related to the diversion approach as a form of settlement effort for children in conflict with the law. Diversion in this case is a legal effort in resolving cases so that children in conflict with the law can avoid the consequences of judicial procedures which will have a direct impact on the child's psychological and mental state. Based on observations that have been made, in 2024 there have been at least 10 cases of criminal acts involving children as perpetrators in the jurisdiction. The perpetrators of the persecution are known to be 13 years old and in grade 7 of Junior High School (SMP). Diversion as an alternative approach in handling criminal offenses has been seen as an appropriate step to prosecute and guarantee the rights of children in conflict with the law. This research is empirical juridical research using sociological approach and statutory approach. The data used in this research consists of primary data sourced from the results of interviews and observations, as well as secondary data sourced from legal materials in the form of regulations and legislation relevant to the research topic. Data analysis is carried out qualitatively to describe and analyze the application of diversion to juvenile offenders in the Batu Resort Police. The results showed that diversion has not been realized comprehensively in the Batu City Resort Police. The police tend to prefer to use a restorative justice approach rather than diversion because the circumstances in the field do not allow for the application of diversion. Factors that hinder the implementation of diversion in the Batu City Resort Police include individual, procedural, and technical factors. Concrete efforts that have been made by the PPA unit of the Batu City Resort Police to overcome obstacles in the implementation of diversion include the formation of the PPA Task Force in collaboration with various other agencies, such as the Batu City District Attorney's Office, the Batu City Social Service, the Batu City Office of Women's Empowerment, Child Protection and Population Control and Family Planning (DP3AP2KB), the Batu City Education Office, and the Batu City Religious Ministry to socialize the improvement of child protection

Penggunaan Calon Bayangan Sebagai Strategi Pemenangan dalam Pilkades Mustajib, Mustajib; Muhibbin, Moh.; Parmono, Budi; Isnaeni, Diyan
Jurnal Locus Penelitian dan Pengabdian Vol. 4 No. 5 (2025): JURNAL LOCUS: Penelitian & Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v4i5.4096

Pemerintah memandang pilkades sebagai suatu hal yang sangat urgen dalam dinamika kehidupan demokrasi di desa, sehingga pemerintah mengatur pelaksanaan pilkades dalam beberapa peraturan perundang-undangan. Namun di sisi lain, ada beberapa norma yang justru menjadi pemantik munculnya strategi pemenangan Pilkades yang mencederai dan melukai nurani politik masyarakat desa. Salah satu strategi pemenangan Pilkades yang tidak lazim itu adalah pembentukan calon bayangan. Ada fenomena seorang calon kepala desa yang sebenarnya memiliki tingkat elektabilitas sangat dominan, gagal sebelum mencapai tahapan pemungutan suara karena sudah tereliminasi lebih awal. Fenomena ini terjadi ketika jumlah calon yang memenuhi persyaratan melebihi 5 (lima) orang. Penelitian ini bertujuan untuk menganalisis strategi pemenangan Pilkades melalui penggunaan calon bayangan dan sekaligus menganalisis faktor-faktor yang menjadi pendukung adanya calon bayangan. Penelitian ini merupakan penelitian yuridis empiris menggunakan pendekatan perundang-undangan. Penelitian dilakukan di Desa Tempeh Tengah Kecamatan Tempeh Kabupaten Lumajang dengan studi kasus pada pelaksanaan Pilkades pada Tahun 2023. Hasil penelitian menunjukkan adanya strategi pemenangan calon kepala desa melalui pembentukan para calon bayangan yang didesain sedemikian rupa untuk mengalahkan calon kepala desa yang memiliki tingkat elektabilitas sangat dominan melalui seleksi tambahan. Pemerintah wajib hadir untuk mereduksi dan menghilangkan praktek-praktek pembentukan calon bayangan ini dengan cara menetapkan norma-norma aturan yang dapat menutup peluang terjadinya rekayasa pembentukan calon bayangan melalui revisi peraturan perundang-undangan yang mengatur tentang Pilkades.

IMPLEMENTATION OF DISTRIBUTION OF INHERITANCE IN PATRILINEAL SOCIETY: (A STUDY IN METINARO SUB-DISTRICT, DILI MUNICIPALITY, TIMOR-LESTE) Anastacio Mendonça; Moh. Muhibbin; Rahmatul Hidayati
International Journal of Cultural and Social Science Vol. 6 No. 3 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i3.1139

This research focuses on the dynamics of the patrilineal-based customary inheritance system in the Metinaro Sub-District, Dili Municipality, by examining how these inheritance practices shape social structures, reinforce patriarchal dominance, and create gender inequality. Using a qualitative approach with a case study method, data were collected through in-depth interviews, participant observation, and a literature review of customary and academic sources. The results show that the inheritance system in Metinaro not only transfers physical assets such as land and traditional houses to sons, but also bequeaths socio-spiritual responsibilities recognized through customary rites and the legitimacy of traditional figures. In contrast, women experience structural subordination, with limited access to family assets and merely symbolic involvement in the inheritance process. However, initiatives for change are beginning to emerge among the younger generation, proposing a more inclusive inheritance model, influenced by education, national law Law Number 10 of 2011/Timor-Leste's civil code in article 1888 (Ideas) Succession refers to one or more people who legally own the inheritance of a deceased person to be distributed to others. And modern values. The implications of this research indicate the importance of intergenerational dialogue and the active involvement of traditional leaders as agents of cultural transformation to create a more just and contextual inheritance system.

Madurese Society's Rejection of the Heredity of Children of Adultery in the Context of Marriage from the Perspective of Islamic Legal Anthropology Asyhari, Syahrullah; Muhibbin, Moh.; Jannah, Shofiatul
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) STIT Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2431

One of the strong beliefs among the Madurese community is the inevitability that the child of adultery will inherit the habits of the biological father who committed adultery. This study is called the heredity of the child of adultery. This view is rooted in a tradition that directly links the nature and character of children with heredity. This study uses an empirical legal method with a legal anthropology approach to examine in depth the practice of Madurese rejection of children resulting from adultery (children of adultery). Primary legal materials were obtained from observations and interviews with the Banyubunih Village community. Secondary legal materials were obtained from concepts relevant to the issues in the study. The results of this study identified that the Banyubunih community considers heredity as a very influential factor in determining the nature, character, and behavior of individuals, especially in children of adultery. This belief is based on the principles of biological determinism and hereditary essentialism, which argue that negative traits and deviant behavior are inherited through the "dirty blood" of parents. As a result, children born from extramarital relationships are placed in the lowest social position, without the opportunity to demonstrate their morals and behavior independently

Criminal Law Policy Expires on Criminal Acts of Corruption Achmad Eka Yougi Ardata; Moh. Muhibbin; Budi Parmono
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10389

This research is motivated by the increasing number of cases of criminal acts of corruption in Indonesia. One of the reasons behind this is the implementation of the statute of limitations, so that many corruptors remove traces of not taking responsibility for the criminal acts they have committed. The aim of this research is to determine and analyze criminal law regulations and policies regarding the statute of limitations in criminal acts of corruption. This research uses normative juridical methods. The results of this research are that the statute of limitations for criminal acts of corruption has not been specifically regulated in the Law on the Eradication of Corruption Crimes. So that in its implementation it is based on 2 regulations with provisions, namely a minimum state loss of IDR 1,000,000,000. Article 40 of Law Number 19 of 2019 applies, namely an expiry period of 2 (two) years. Meanwhile, losses resulting from criminal acts of corruption are below IDR 1,000,000,000, Article 78 of the Criminal Code applies, based on the Corruption Eradication Law, which states that the criminal threat consists of a minimum imprisonment of one years and a maximuam of twenty years, as well as life imprisonment, then the applicable expiry times are six years, twelve years and eighteen years. Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.

Co-Authors Abdul Rokhim Achmad Eka Yougi Ardata Ali Al Hamid, Moch. Haidar Amar, Gays Anastacio Mendonça Ansyah, Yudi Arthawidjaja, I Gusti Lanang Asyhari, Syahrullah Budi Parmono Budi Parmono Chaidir, Noor Fahrizen Fahrizen Falah Ilmania, Nurika Fernandez, M. Rizky Firman Adiansyah Hanafi Arief, Hanafi Hasan Basri Holil Holil Ike Yuvayanti Isnaeni, Diyan Jamburi, Ahmat Jaya, Hendro Kusuma Kilihu, Lia Rosa Fauziah Kurniawan, Rudi Eko Limsira, Patthara Mat Hasan Misranto Mochamad Ali Fajar Mursid Mursid Mustajib, Mustajib Muzizat, Luluk Kamim Nofi Sri Utami Nur Hasan Parmono, Budi Prananto, Iksan Prasetiawan, Andik Pratiwi Wiranita, Indriet Rahmat, Fabitul Rahmatul Hidayati Rifatun Nuriyah Rokhim , Abdul Rosadi, Herry Ruwiyono, Ruwiyono Shofiatul Jannah Simonda, Paulus Kostan Subandi Subandi Sumarto, Mufti Eky Juliansyah Sunardi Sunardi Sunardi Supaat, Joko suratman Suratman Suratman SYAIFUL BAHRI Syamsu Madyan Umar Sahid Sugiharto Umar Said Sugiharto Wanura, Gabriel Ibrizul Wicaksono, Moch.Yuris Wulan, I Gusti Kencana

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