Article Per Year (5 Year)
p-Index From 2021 - 2026
2.837
P-Index
This Author published in this journals
All Journal Integritas: Jurnal Antikorupsi PROGRESIF: Jurnal Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Indonesian Journal of International Law Bacarita Law Journal Bina Hukum Lingkungan PATTIMURA Law Study Review SASI CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Muhammad Irham
Fakultas Hukum Universitas Pattimura, Ambon
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 19 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 19 Documents
Search

 1   2 
Perpanjangan Masa Jabatan Pimpinan Komisi Pemberantasan Korupsi Republik Indonesia Berdasarkan Putusan Mahkamah Konstitusi Nomor 112/PUU-XX/2022 Betekeneng, Anshari; Nendissa, Renny Heronia; Irham, Muhammad
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v2i2.14203

Abstract

Review of Law No. 19 of 2019 concerning the Second Amendment to Law No. 30 of 2002 concerning the Corruption Eradication Commission. Constitutional Court Decision No. 112/PUU-XX/2022 whose decision accepts all of the applicant's requests. The Constitutional Court is not a fully democratic state institution, because the people do not directly elect the members of the court, and the term of office is more or less closely related to the domain of formulating open legal policy. The leadership of any institution in terms of extending its term of office must be carried out through the law-making council, namely the legislative body. Because officially this institution is appointed as the people's representative, including having a process of public participation. Changes to the terms of office from 4 years to 5 years, as in Law No. 30 of 2002 Article 34, during the process of changing the extension of the term of office of a state institution, it should be given to state institutions that have involvement in the process of drafting Legislative Regulations, which in turn expressly stated in the 1945 Constitution. This normative juridical research was carried out using a statutory approach, conceptual approach and case approach. In its decision, the Constitutional Court made new norms that are regulatory in nature and do not take into account the opinions of the People's Representative Council and the Government, which is an abuse of authority or is done arbitrarily and exceeds the authority of the legislators. This decision is contrary to the 1945 Constitution of the Republic of Indonesia Article 5 Articles 20 and 28 I. As a result of the Constitutional Court's decision being retroactive, problematic and subject to multiple interpretations, if there are parties who justify the decision regarding the existence of the leadership of the Corruption Eradication Commission while in office, theoretically it is feared that it will trigger another petition.
Politik Hukum Pemakzulan Presiden Di Indonesia Irham, Muhammad; Soplanit, Miracle
Jurnal Saniri Vol 3, No 1 (2022): Volume 3 Nomor 1, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i1.1221

Abstract

The term of office of the President in a presidential system is a fixed term of five years and cannot be dropped during his term of office. The legal politics of the presidential impeachment process prior to the amendment of the 1945 Constitution did not have a clear mechanism to impeach the president. The impeachment of the president is determined by the procedures and political power in the People's Consultative Assembly (MPR). This is a problem in the presidential system, because there is no legal process for impeaching the president. After the amendment to the 1945 Constitution, the concept of impeachment of the president was based on the idea of a presidential system, where the president cannot be dismissed only through a political process, but there must be a legal process first. Therefore, this article will explain how the dynamics of legal politics in the process of regulating the impeachment of the president in Indonesia in the 1945 Constitution. The research method used is normative juridical. From the analysis that the author did, it was found that the political aspirations of the impeachment arrangement of the president want the dismissal of the president no longer based on political interests, but must go through legal reasons and through the legal process, as a form of embodiment of Indonesia as a legal state with a presidential government system.
Kewenangan Majelis Permusyawaratan Rakyat Melantik Presiden Dan Wakil Presiden Talakua, Petra; Nendissa, Reny Heronia; Irham, Muhammad
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v3i1.17959

Abstract

The authority of the MPR in inaugurating the President and Vice President is the only thing that is routinely done every 5 years since the amendment of the 1945 Constitution, which in its implementation tends to be merely ceremonial. Some of the MPR's constitutional powers do not yet have legal regulations, one of which is the authority to appoint the President and Vice President. So far, the appointment of the President and Vice President has only been carried out by reading the Decision from the KPU by the MPR RI leadership, leading many parties to question the legality of the MPR in appointing the President and Vice President. This research aims to analyze the plenary session process of the inauguration of the President and Vice President, regarding the authority of the MPR in inaugurating the President and Vice President as regulated in Article 3 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Then, this research aims to analyze the legal strength of the inauguration minutes of the President and Vice President as the legal basis for their appointment. The normative legal research method involves primary and secondary legal sources and a legislative approach that focuses on the analysis and examination of legal regulations. The researcher uses primary and secondary data collection techniques in the form of laws and legal books, expert opinions, and legal journals. This research provides input to the MPR to issue a decree in the form of a decision (beschikking) regarding the determination of the winning pairs of presidential and vice-presidential candidates in the election as the President and Vice President of the Republic of Indonesia for the next five-year term, so that the President and Vice President have a stronger legal basis in the form of an MPR decree.
Penempatan Rumah Dinas Polisi Republik Indonesia Oleh Purnawirawan Polisi Marwan, Assor Januarta; Alfons, Saartje Sarah; Irham, Muhammad
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 2024 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v2i1.13521

Abstract

The placement of a POLRI official residence by a retired officer is something that is not permitted according to the law, this is because the POLRI official residence itself is intended for active police officers. To find out what form of supervision there is over the placement of official residences by retired police officers and what legal consequences arise because of this, this research was conducted with the aim of safeguarding the rights of active police officers regarding placement in official residences. The research method used in this research is normative juridical with a statutory approach, a conceptual approach, a legal history approach and a comparative approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of the research show that the form of supervision over the placement of POLRI official residences by retired police officers is repressive supervision in the form of disciplinary sanctions such as written warnings, official warnings, and withholding of rights and facilities. The legal consequences that arise for retired police officers who still occupy official residences include legal action in the form of official warnings and even legal action.
Education on the Impact Violence Against Children Taufik, Iqbal; Muammar, Muammar; Labetubun, Muchtar Anshary Hamid; Irham, Muhammad; Baranyanan, Soeleman Djaiz
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 3, November 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i3.3293

Abstract

Introduction: Violence against children refers to any act that causes suffering and distress, whether physically, mentally, sexually, or psychologically, including actions that degrade the dignity of a child.Purposes of The Devotion: To raise awareness about the impact of violence against children at Sekolah Menengah Pertama Negeri 7 Ambon. Method of The Devotion: The method used in the implementation of assistance and educational activities on legal counseling regarding child legal protection at State Junior High School 7 Ambon.Results Main Findings of the Devotion: Socialization for the students of State Junior High School 7 Ambon: Through this community service activity, we have all learned that violence against children—whether physical, verbal, or emotional, can have very serious impacts on personal development, self-confidence, and the future of the child.
Penerapan Peraturan Daerah Kabupaten Maluku Tengah Nomor 11 Tahun 2022 Tentang Pengelolaan Sampah Di Wilayah Pesisir Kecamatan Kota Masohi Kabupaten Maluku Tengah Samal, Hikma Fajaria; Sedubun, Victor Juzuf; Irham, Muhammad
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 1 (2023): Juni 2023 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v1i1.9837

Abstract

Environmental health in Indonesia is still a very diverse problem and from year to year it has not been resolved properly. Problems that occur include pollution problems, both water pollution, air pollution, and soil pollution. The writing method in this study uses an empirical juridical method with a statute approach. The data sources used are primary data sources in the form of interviews and observations and secondary data in the form of journals, books and data on the internet related to research. Data was collected through observation, interviews and documentation. The results of the study show that (1) waste management in the coastal area of ​​Kota Masohi District is not running according to regulations, as seen from the lack of attention from the government and the untouchability of infrastructure and services for waste management in the area. (2) the community's role was not carried out properly due to a lack of understanding of the regional regulation and the government did not carry out its role properly due to budget constraints. The implications of the research are (1) It is hoped that the government will be more active in disseminating the Central Maluku Regency Regional Regulation No. 11 of 2022 concerning Waste Management sees that many people do not know the contents of the regional regulation (2) It is hoped that the Environmental Service can carry out their duties and functions in implementing the regional regulation. (3) It is expected that the community will always play an active role in assisting the government in maintaining environmental cleanliness and health.
Inkonsistensi Putusan Mahkamah Konstitusi dalam Memutus Perpanjangan Masa Jabatan Ketua Komisi Pemberantasan Korupsi Siletty, Yondri; Irham, Muhammad; Soplanit, Miracle
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v3i2.14719

Abstract

The Constitutional Court or hereinafter abbreviated as MK is one of the judicial institutions that has a very important role in guarding and maintaining the constitution. To carry out this role, MK has the authority to conduct judicial review in the form of testing a law to ensure that the law formed by the legislator does not conflict with higher norms, namely the Constitution. However, in exercising this authority, MK in several of its decisions often causes polemics in the community due to the inconsistency of decisions experienced by the court in deciding similar cases. As in the case of testing the institutional term of office, which has been tested several times to MK but has different verdicts, where the majority of the MK decisions consistently reject and do not grant the applicant's request in this type of case, but on the other hand there are MK decisions that grant the applicant's request to extend the existing term of office, such as MK Decision Number 112/PUU-XX/2022 which extends the term of office of the leadership of the KPK from 4 to 5 years. This writing uses a Normative Juridical research type, with a statutory approach, conceptual approach. This research shows that the MK has experienced inconsistency in its stance when compared to several similar MK decisions that have examined the issue of the term of office of other independent institutions and that the Decision a quo has given rise to the meaning of existing legal consequences.
Preserving Indonesia's Unity Through The Law Based On Bhineka Tunggal Ika Soeleman Djaiz Baranyanan; Muhammad Irham; Iqbal Taufik; Hendrik Salmon; Sherlock Halmes Lekipiouw
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5977

Abstract

Based on positive law, which applies in Indonesia,decentralization has "chosen" to give up some of itsauthority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of2014 uses a residual system when determining what is the authority of local governments. With the residualsystem, the central authorities have been clearly defined in advance, while the rest are autonomous regions.Therefore, authority in the health sector has become an autonomous regional government authority, becausethat authority is not determined as the authority of the central government. On the one hand this benefits thelocal government, because by using its authority, the regional government can regulate the health sectoraccording to its aspirations and capabilities. This research was approached in terms of legal science, bothat the dogmatic level, legal theory, and legal philosophy.In this study also used a normative legal approach orlibrary law, namely legal research conducted by examining library materials or secondary data.Normative legal research or literature includes research on semantic law, research on the degree of vertical andhorizontal synchronization, comparison of law and history of law. Research on legal principles is carriedout by interpreting the legal norms formulated in laws and regulations relating to local government inIndonesia. Based on this research study, it can be concluded that in terms of law and policy as well as thescope of authority of regional governments that support regional autonomy in the health sector, it is still unclearand inconsistent in the description of the functions and authority of regional governments in the health sector
Reformulation of the Mechanism for Imposing Criminal Sentences for Narcotics Crimes in Indonesia Iqbal Taufik; Muhammad Irham; Nasarudin Tianotak; Andres Deny Bakarbassy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6572

Abstract

Equality before the law, in its implementation, does not only refer to the actions of the state toward its citizens, but also to actions that aim to ensure legal certainty based on justice. Equality in legal protection and law enforcement for victims of narcotics crimes has not yet been reflected in any tangible form of implementation. Fair sentencing in narcotics-related crimes has become more of a slogan for the public rather than a reality for individuals who are subjected to the death penalty for narcotics abuse. Through normative legal research, it was found that the presence of Ad Hoc judges as assessors and final decision-makers on the recommendations of the integrated assessment team for rehabilitation reflects justice based on the principle of equality before the law in handling victims of narcotics crime.
Co-Authors Andres Deny Bakarbassy Arman Anwar Baranyanan, Soeleman Djaiz Betekeneng, Anshari Gustafianof, Gustafianof Halima Hanafi, Irma Heillen M.Y Tita Hendrik Salmon Hendry John Piris Iqbal Taufik Julista Mustamu Marwan, Assor Januarta Matitaputty, Merlien Irene Meute, Anjelin Melna Adriana Miracle Soplanit Muammar Muammar, Muammar Nani Mulyati Nasarudin Tianotak Nendissa, Renny Heronia Nendissa, Reny Heronia Pietersz, Jemmy Jefry Pius Khrisna Eka Putra Naimena Saartje Sarah Alfons Samal, Hikma Fajaria Samal, Radhi Rafiq Defrian Sedubun, Victor Juzuf Sherlock Halmes Lekipiouw Siletty, Yondri soeleman djaiz baranyanan Soplanit, Miracle Talakua, Petra Taufik, Iqbal Victor Juzuf Sedubun