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All Journal Substantive Justice International Journal of Law Jurnal Kabar Masyarakat Transformasi Masyarakat : Jurnal Inovasi Sosial dan Pengabdian Sosial Simbiosis: Jurnal Integrasi Ilmu Sosial dan Politik Politika Progresif : Jurnal Hukum, Politik dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara The Indonesian Journal of International Clinical Legal Education Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Sociology and Law Abdi Karya: Jurnal Pengabdian Kepada Masyarakat Mahkamah: Jurnal Riset Ilmu Hukum Perspektif Administrasi Publik dan hukum Dialogia Iuridica
Roy Marthen Moonti
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Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Kekerasan Berbasis Gender terhadap Anak dan Perempuan: Antara Stigma Sosial dan Ketimpangan Perlindungan Hukum Arman Hanapi; Roy Marthen Moonti; Ibrahim Ahmad
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 4 (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.v2i4.1032

Abstract

Gender-based violence against women and children is a serious problem in Indonesia that reflects the inequality of social structures and the weakness of legal implementation. This study aims to examine the extent to which the Indonesian legal system is able to provide fair, equal, and gender-responsive protection to victims of violence, as well as assess the challenges in its application. The type of research used is a normative-critical study with a Feminist Legal Theory approach. The results of the analysis show that although there are regulatory advances such as the TPKS Law and the Presidential Instruction on Gender Mainstreaming, their application is still biased, not victim-friendly, and lacks a gender perspective. In conclusion, the law in Indonesia has not fully guaranteed substantive justice for victims. Therefore, it is recommended that legal reforms based on victims' experiences, increasing the capacity of law enforcement officials, and strengthening victim service institutions to encourage inclusive and transformative justice.
Tinjauan Kriminologis terhadap Faktor Penyebab Overkriminalisasi di Indonesia dalam Perspektif Reformasi Hukum Dewayanti Tomayahu; Nabila Putri Isabel Yahya; Roy Marthen Moonti
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 2 (2025): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i2.1027

Abstract

The phenomenon of overcriminalization in Indonesia reflects the excessive use of criminal law against actions that should not be classified as crimes. This study aims to identify the criminogenic factors behind overcriminalization and to evaluate the urgency of reforming criminal policy. Using a normative-juridical and criminological approach, the research reveals that overcriminalization is driven by ambiguous legal norms, weak law enforcement capacity, cultural bias, and the lack of restorative justice mechanisms. As a result, vulnerable groups—such as minors, youth drug users, and the economically disadvantaged—are often subjected to disproportionate criminalization. The study concludes that the criminal justice system must return to the principle of ultimum remedium. A comprehensive legal reform is recommended through interdisciplinary methods, inclusive public participation in legislation, and the strengthening of humanistic and contextual legal education.
Kewenangan Penggunaan Kekuatan oleh Korps Brimob Polri dalam Penanganan Rusuh Massa Berdasarkan Prinsip Hukum Pidana Muhammad S.Gani; Roy Marthen Moonti; Marten Bunga; Muslim A. Kasim
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 2 (2025): Amandemen: 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.v2i2.894

Abstract

This research aims to analyse the authority of the Police Mobile Brigade Corps (Brimob) in handling mass riots and examine the implementation of criminal law in evaluating the actions taken during the operation. This research departs from the importance of ensuring that every action of law enforcement officials, especially Brimob, remains within the corridors of Indonesian positive law and is oriented towards the principles of human rights. The results show that the Brimob Corps has the legal authority under Law No. 2 of 2002 on the National Police of the Republic of Indonesia to deal with high-level situations, including mass riots. In carrying out its duties, Brimob is authorised to use coercive measures, but must still pay attention to the principles of necessity, proportionality, legality, and accountability. The implementation of criminal law is an important instrument in evaluating Brimob's actions, by assessing whether the use of force meets the elements of legal justification such as forced defence or official orders, in accordance with the Criminal Code and human rights principles. It is suggested that there is a need to improve legal training for Brimob members on the limits of the use of force and the implementation of criminal law principles in emergency situations. In addition, it is necessary to strengthen internal and external evaluation mechanisms, including cooperation with independent institutions such as Komnas HAM, to maintain transparency and accountability. Thus, the rule of law and the protection of human rights can be better upheld in every operation to handle mass riots by Brimob officers.
Perlindungan Hak Asasi Manusia dalam Hukum Tata Negara Indonesia Lia Mastaria Duda; Roslan Ishak; Roy Marthen Moonti
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: 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.v2i3.1028

Abstract

The protection of human rights is a fundamental element of Indonesian constitutional law. Although it has been constitutionally regulated through the 1945 Constitution and a number of laws, the implementation of human rights protection still faces various challenges, including discrimination, violence by the authorities, and inconsistency in legal politics. This study aims to analyze the effectiveness of the constitutional law system in ensuring human rights protection as well as the role of state institutions such as Komnas HAM, the legislature, the executive, and the judiciary. The results show that human rights protection has not been optimal due to weak coordination, lack of accountability, and lack of support for independent institutions. The conclusion emphasizes the importance of legal reform, institutional strengthening, and harmonization between national law and international human rights standards. Suggestions include improving human rights education, empowering civil society, and consistent law enforcement to create a democratic and just rule of law.
Pertanggung Jawaban Pidana Debt Collector dalam Melakukan Penarikan Kendraan Bermotor Secara Paksa Terhadap Konsumen Rahmawati Rahmawati; Roy Marthen Moonti; Nurwita Ismail; Muslim A. Kasim
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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

Abstract

This research examines the criminal liability of debt collectors involved in forcibly seizing motorized vehicles from consumers. Such actions, often conducted by third parties representing finance companies, frequently occur without proper legal procedures and involve violence, coercion, or violations of consumer rights. The study responds to ongoing incidents where debt collectors act with force, while legal enforcement remains insufficient. Utilizing an empirical normative legal approach, the study combines a review of relevant laws—such as the Criminal Code (KUHP), Consumer Protection Law, and Financial Services Authority regulations with field research, including interviews with victims and observations in Kayubulan Village, Limboto Subdistrict, Gorontalo Regency. The findings reveal that debt collectors who repossess vehicles without official documentation, prior notification, or through intimidation may be committing criminal acts under Article 368 of the KUHP (extortion) and Article 335 (unpleasant acts). These actions clearly conflict with legal norms and consumer protection principles. The study recommends that finance institutions strengthen oversight of third-party collectors and ensure all collection activities comply with legal and ethical standards. Additionally, raising public legal awareness is essential, particularly regarding consumer rights and available legal remedies against coercion or unlawful conduct during debt collection. This dual strategy enhancing institutional accountability and empowering consumers aims to bridge the gap between law and practice, ensuring justice and legal protection in financial transactions.
Analisis Penegakan Hukum Pidana terhadap Kejahatan Korporasi Riski Yunus; Roy Marthen Moonti; Nurmik K. Martam; Muslim A. Kasim
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.660

Abstract

Corporate crime within PT Permodalan Nasional Madani (PNM) Palu Branch reflects the vulnerability of state-owned financial institutions to practices of abuse of authority and violation of the law by internal elements. This case caused state losses and damaged public trust. This research aims to analyze the criminal sanctions and obstacles faced by law enforcement officials in cracking down on corporate crime, as well as formulating solutions for handling it. This research uses a normative juridical approach with the support of empirical data from cases in the Palu District Attorney's Office. The results show that criminal sanctions against individual perpetrators have been applied, but have not yet touched on aspects of institutional corporate responsibility. The main obstacles in law enforcement include limited evidence, the complexity of the organizational structure, the apparatus' lack of understanding of corporate law, and external pressures that interfere with the independence of the investigation. Suggestions include the need to increase the capacity of investigators in forensic audit and corporate law, strengthening the internal monitoring and whistleblowing system at PNM, and collaboration between law enforcement agencies. Thus, law enforcement against corporate crime can be carried out more effectively, fairly, and able to prevent the recurrence of similar crimes in the future.
Juridical Analysis of Witness Testimony De Auditu in the Case of Sexual Abuse of Minors Moh. Eka Valen Arman; Yusrianto Kadir; Roy Marthen Moonti; Muslim A. Kasim
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.311

Abstract

This study aims to juridically analyse the use of testimonial witness testimony de auditu in cases of sexual abuse of minors with a case study of case number 26/Pid. Sus/2024/PN Lbo. In the context of criminal law, testimonial witness testimony de auditu refers to a statement submitted by a witness regarding what he heard from another party, which cannot be used as direct valid evidence, but can provide relevant clues. This research examines the admissibility and influence of such testimony on evidence in cases of child sexual abuse, as well as its relevance in the Indonesian criminal justice system. The method used is Empirical approach by analysing legal practices, as well as related court decisions. The results showed that de auditu testimony has limitations in terms of evidentiary power, its use in cases of child sexual abuse, de auditu witness testimony should be accepted, but must be supplemented with additional evidence such as medical examinations, digital evidence, or witnesses who can confirm the event. Judges should prioritise the principles of caution, objectivity and fairness in evaluating such testimony, to ensure that the decision made is not only fair to the victim but also to the defendant.
Analisis Restorative Justice dalam Penelantaran Anak Pasca Cerai di Kabupaten Gorontalo Windy Olivia Dawa; Roy Marthen Moonti; Ibrahim Ahmad; Muslim A. Kasim
Perspektif Administrasi Publik dan hukum Vol. 2 No. 1 (2025): Januari : Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v2i1.137

Abstract

This study aims to analyze the application of restorative justice in handling cases of child neglect after divorce in Gorontalo Regency. The main focus of this study is to ensure the fulfillment of children's rights, reduce parental conflict, and minimize negative impacts on children. The formulation of the problem in this study includes: how to apply restorative justice in cases of child neglect after divorce, and how to be held accountable for criminal acts of child neglect after divorce. By using the juridical-empirical method and descriptive-analytical approach, this study uses data from literature studies such as journals, legal documents, laws and regulations. As well as qualitative data analysis from the BPS of Gorontalo Regency. The results of the study indicate that restorative justice is effective in creating humane solutions through constructive dialogue that ensures that children's custody, livelihood, and emotional needs are met.  
The Settlement of Abuse of Authority by Government Officials Oyaldi Puhi; Rustam Hs Akili; Roy Marthen Moonti
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36384

Abstract

This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.
DISKRIMINASI HUKUM DALAM PEMBERANTASAN KORUPSI POLITIK DI DAERAH Jupri Jupri; Roy Marthen Moonti
Dialogia Iuridica Vol. 11 No. 1 (2019): Volume 11 Nomor 1 Tahun 2019
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v11i1.1997

Abstract

Corruption is an act to against the law and moral because it is considered as an act abusing the power and authority for personal’s benefit, group or other parties to take advantage each other either economically or politically. Due to perpetrators of corruption is a public official, the type of corruption is considered as political corruption. One of many cases of political corruption in regional level is corruption on social assistance fund. The reality of social assistance fund corruption case disclosure in many regionals seems difficult. The sociology aspect takes a part in law enforcement such as stratification, morphology and intervention variables. Stratification which is a formal position of somebody, friendship between law enforcers and the suspect, and intervention of superior to the subordinate in legal institution confirm the legal discrimination in corruption act of social assistance fund. Therefore, to suppress the rate of corrupt behavior in regional level, it needs the legal enforcement reconstruction started from legal enforcer side to the encouragement of legal enforcer reformation in regional level. The legal enforcer reformation should emphasize on the importance of rolling job system at the top management in the legal enforcement institution. This system can enrich experience and perception, and to sharpen the skills. On the other hand, it can minimize the occurrence of morphology aspect between the legal enforcer and local elites. Besides, the involvement of justice collaborator in corruption eradication should be implemented in order to reveal the political corruption case which is complicated and neatly covered.
Co-Authors Arman Hanapi Asfariyani A. Talango Avid Wahyudi Ibrahim Dewayanti Tomayahu Dince Aisa Kodai Dwi Anggriani Hariyanto Huntua Ibrahim Ahmad Irawan Kusumo Jupri Jupri Kahar S. Laiya Karmila Saleh Lia Mastaria Duda Lutfiana Lukman Marten Bunga Moh. Eka Valen Arman Monira A. Kasim Muhamad Zulkifli Lamatenggo Muhammad S.Gani Muslim A. Kasim Nabila Putri Isabel Yahya Nurmala, Leni Dwi Nurmik K. Martam Nurwita Ismail Oyaldi Puhi Prio Suryanto Ibrahim Pulu, Ican Rahmattullah Lihawa Rahmawati Rahmawati Riski Yunus Robby Waluyo Amu Rosalinda Irvandi Moonti Roslan Ishak Rustam HS Akili Rustam HS. Akili Sakina Kantu Sity Rahma Polinggapo Stepi Ayu Suharyono Paputungan Syahrul Nugraha Baderung Windy Claudia Yunus Windy Olivia Dawa Yusrianto Kadir