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Establishment Of Village Regulations In Realize Autonomy Village Roy Marthen Moonti
Susbtantive Justice International Journal of Law Vol 1 No 2 (2018): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.688 KB) | DOI: 10.33096/substantivejustice.v1i2.17

Abstract

Provision of regional autonomy is the granting of authority and flexibility to regions to manage and utilize regional resources optimally, of course, the granting of such authority must be balanced with the establishment of adequate regulations. However, there are still many problems related to the formulation of regulations, especially the village regulations. As long as government-cooled development starts from the lowest levels of government, the village has not proceeded as desired. The purpose of this study to determine the Status of Village Rules In Autonomy Village Governance System. The research method used in the preparation of this research is the normative juridical method that is in answering the problem used the legal point of view based on the applicable law regulation, to then be connected with the reality in the field related to the issues to be discussed. Village regulations serve as indicators in the successful implementation of village autonomy. In Law Number 6 Year 2014 Article 115 letter b and e jo Article 112 paragraph 1 stipulates the provision that the Regency / Municipal Government shall supervise and administer the Village Government which in the case of Village Regulation in the form of guiding the formulation of Village Regulation and Village Head Regulation as well as evaluating and supervision of Village Rules.
Regional Autonomy in Realizing Good Governance Roy Marthen Moonti
Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (633.568 KB) | DOI: 10.33096/substantivejustice.v2i1.31

Abstract

Good Governance in regional autonomy is a phenomenon whose principle is talking about government or good government in terms of realizing good governance through the context of public services. The purpose of regional autonomy is solely to provide satisfaction to the community and prosperity of society in a government area. The purpose of this study is to determine the development of current regional autonomy in realizing Good Governance as intended. The research method used in the preparation of this study is a normative juridical method that is, in answering the problems of the realization of good governance, the legal point of view is based on the applicable legal regulations, henceforth it is connected with the reality in the field relating to the issues to be discussed. In terms of the development of regional autonomy, of course there are several things that are the main indicators, namely Equalization and Improvement of Development in the Regions, Improvement of Services for Communities, Optimization of Natural Resources and Human Resources in the Regions.
Analisis Terhadap Perlindungan Perempuan Korban Kekerasan Seksual Dari Segi Hak Asasi Manusia Dalam Sistem Hukum Positif Indonesia Windy Claudia Yunus; Leni Dwi Nurmala; Robby Waluyo Amu; Roy Marthen Moonti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.855

Abstract

The aim of the research is to determine and analyze the concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. And to find out and analyze the form of state responsibility in protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. The type of research, namely Normative Juridical, is legal research that places law as a building system of norms. The legal materials used in this research come from primary legal materials obtained directly from legal materials, both primary legal materials and secondary legal materials. In this case the author will try to collect information that is relevant to the topic or problem being researched, as well as examine in depth the information collected and synchronize it with the main problem in this thesis. The concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system is that victims have the right to obtain their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection. Witnesses and victims also have the right to receive medical assistance, rehabilitation, compensation and restitution. Forms of State Responsibility in Protecting Women Victims of Sexual Violence In terms of Human Rights in Indonesia's Positive Legal System, namely that the State has the responsibility to provide protection and a sense of security to its citizens. In this case, especially for women who are victims of sexual crimes.
Peran Mahkamah Konstitusi dalam Penyelesaian Sengketa Pemilihan Kepala Daerah Prio Suryanto Ibrahim; Karmila Saleh; Roy Marthen Moonti
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.756

Abstract

Regional Head Elections (Pilkada) are a manifestation of people's sovereignty and the implementation of democracy in Indonesia, as stipulated in the 1945 Constitution. This study examines the role of the Constitutional Court (MK) in resolving disputes over regional election results. The method used is normative juridical legal research, analyzing relevant regulations and literature. The MK holds permanent authority to adjudicate Pilkada disputes, replacing the Supreme Court. The impact of MK's decisions includes the implementation of Re-voting (PSU), which strengthens the legitimacy of Pilkada results and influences local political stability. However, challenges such as the complexity of evidence and reliance on the MK highlight weaknesses in the oversight system.  
Analisis Tantangan dan Hambatan dalam Penegakan Hukum Angkutan Antar Provinsi Avid Wahyudi Ibrahim; Ibrahim Ahmad; Roy Marthen Moonti
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 4 (2024): Desember : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i4.983

Abstract

Law enforcement of inter-provincial transportation in Indonesia faces significant challenges and obstacles. This study aims to identify factors that hinder effective law enforcement in the inter-provincial transport sector. The main findings indicate weaknesses in the supervision of transport companies, lack of coordination between relevant agencies, and limited trained human resources. In addition, illegal practices such as unlicensed transportation, the use of non-standard vehicles, and low public awareness of regulations, exacerbate the situation. Therefore, more assertive and consistent law enforcement is needed, as well as increased coordination between relevant parties to create a safer, more efficient inter-provincial transportation system that complies with existing regulations.
Keadilan Konstitusional dalam Penyelesaian Sengketa Ketatanegaraan Analisis Terhadap Putusan Mahkamah Konstitusi Rosalinda Irvandi Moonti; Sakina Kantu; Roy Marthen Moonti
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 4 (2024): Desember : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i4.1196

Abstract

Prior to the Third Amendment of the 1945 Constitution implemented in 2001, there were no rules governing how to resolve conflicts about the constitutional authority of state institutions in the context of Indonesian constitutionalism. In addition, there was no entity that had the authority to decide cases related to the constitutional authority of these institutions. After the Third Amendment of the 1945 Constitution, the Constitutional Court began to be used as a tool to resolve disputes related to the constitutional authority of state institutions. In the event of a dispute regarding constitutional authority, the Indonesian constitutional system provides a way to deal with state institutions when interpreting constitutional orders. In the event of such disputes, this type of research falls under the category of normative research. Constitutional disputes should always be based on the constitution as a clear and consistent source of the Constitutional Court, the public and state institutions can better understand the constitutional boundaries that apply. This is important to create a more effective legal system, where all parties, whether the government, society, or other state institutions, can carry out their roles in accordance with agreed constitutional principles. Therefore, constitutional justice upheld by the Constitutional Court does not only apply to certain cases, but also provides a clear direction for the development of state administration in Indonesia.  
Penetapan Isbat Nikah di Bawah Umur dan Pencatatannya di Kantor Urusan Agama Suharyono Paputungan; Roy Marthen Moonti; Ibrahim Ahmad
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 1 (2025): Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i1.717

Abstract

The phenomenon of nikah siri and underage marriage in Indonesia reflects complex legal and social challenges. Although Law No. 1/1974 and its revision through Law No. 16/2019 have set the minimum age for marriage at 19 years, the practice remains widespread, particularly in rural areas. Nikah siri, which are not officially recorded, are often performed for economic reasons, ignorance of the law, or social pressure. As a result, couples and children from these marriages face legal uncertainty, such as difficulties in obtaining birth certificates, inheritance rights, and legal protection. This research uses normative legal research methods. Isbat nikah emerged as a solution to legalize unregistered marriages, including for underage couples. However, this mechanism poses a dilemma: on the one hand it provides legal protection for couples and children, but on the other hand it opens a loophole to legitimize child marriages that violate the principles of child protection and gender equality. The role of the Religious Affairs Office (KUA) and Religious Courts is crucial in enforcing the law and preventing abuse of isbat nikah. Through this research, it is recommended that regulations be tightened, communities educated and KUAs strengthened to ensure harmony between formal law and community needs, while still protecting children's rights.
Peningkatan Kapasitas Paralegal dalam Pemberian Bantuan Hukum di Desa Deme Dua dan Desa Bubalango Berdasarkan Peraturan Menkumham No. 1 Tahun 2018 Roy Marthen Moonti
Jurnal Kabar Masyarakat Vol. 3 No. 2 (2025): JURNAL KABAR MASYARAKAT
Publisher : Institut Teknologi dan Bisnis Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54066/jkb.v3i2.3002

Abstract

The provision of legal aid is a fundamental right for every citizen, as regulated in Law No. 16/2011 on Legal Aid. However, the limited number of advocates in rural areas such as Deme Dua and Bubalango Villages makes access to justice for the poor difficult. MOLHR Regulation No. 1/2018 recognizes the role of paralegals in assisting the provision of legal aid, both litigation and non-litigation. This research aims to increase the capacity of paralegals to play a more effective role in helping communities access justice. The research method used was a qualitative approach with observation, interviews, and case study-based training. The results showed that improving paralegals' legal understanding and advocacy skills contributed significantly to expanding access to legal aid in the region. In conclusion, strengthening the capacity of paralegals can be an alternative solution in overcoming the limitations of legal services in rural areas.
Pentingnya Pendidikan Etika Profesi Hukum bagi Anggota Polri dalam Mewujudkan Penegakan Hukum yang Adil Irawan Kusumo; Roy Marthen Moonti; Ibrahim Ahmad; Muslim A. Kasim
Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Vol. 2 No. 1 (2025): Januari: Aktivisme : Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aktivisme.v2i1.794

Abstract

Fair law enforcement in Indonesia highly depends on the integrity and professionalism of the Indonesian National Police (Polri) members. One of the key factors in shaping the character and professionalism of Polri is legal professional ethics education. This education plays a role in teaching Polri members not only to master the law technically but also to instill moral values and principles of justice in their actions. This study aims to analyze how legal professional ethics education can influence the quality of fair law enforcement by Polri. The author uses a normative research method with a quantitative approach to analyze secondary data related to the implementation of ethics education within the Polri institution. The results of the study indicate that legal professional ethics education has a positive impact on improving integrity, reducing abuse of power, and forming the professional attitude of Polri members, which in turn contributes to creating more just and transparent law enforcement. Therefore, strengthening legal professional ethics education within Polri is crucial to realizing a more just and trustworthy law enforcement system.
Etika Profesi Jaksa dalam Penegakan Hukum di Indonesia Stepi Ayu; Roy Marthen Moonti; Ibrahim Ahmad; Muslim A. Kasim
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 1 (2025): Maret : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i1.1288

Abstract

Professional Ethics of Prosecutors in Law Enforcement in Indonesia Is a guideline for behavior in a Prosecutor profession, which if it can be implemented in accordance with the objectives will produce prosecutors who do have good moral qualities in carrying out their duties. So that the judicial life in our country will lead to success. The purpose of this writing is to find out and understand the regulation of the Prosecutor's Code of Ethics in the legal system in Indonesia and how the sanctions and procedures for resolving prosecutors who violate the code of ethics. This research was conducted with a Normative Juridical legal approach. The results of this writing: First, the regulation of the Prosecutor's Code of Ethics in the legal system in Indonesia is regulated in PERJA No. PER-014 / A / JA / 11/2012 concerning the Prosecutor's Code of Conduct, the Prosecutor's Code of Ethics is used as a direction or behavioral guide to realize Prosecutors who have integrity, are responsible, and guarantee the moral quality of Prosecutors in society in order to realize an effective, efficient, clean, transparent and accountable bureaucracy based on Tri Krama Adhyaksa. Second, Sanctions and Settlement Procedures for Prosecutors who violate the code of ethics. In the event of a violation of the code of ethics by a prosecutor, there are Sanctions, both the Code of Ethics, other sanctions, namely disciplinary sanctions for civil servants if they violate the disciplinary regulations of civil servants and criminal sanctions if the act is a criminal act, and the party authorized to carry out the settlement starting from the examination stage to the verdict is the code of conduct council.