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All Journal Ahkam: Jurnal Ilmu Syariah Jurnal Legalitas Al-Mizan (e-Journal) Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Jurnal Hukum IUS QUIA IUSTUM Journal of Indonesian Legal Studies Bina Hukum Lingkungan Jambura Law Review TSAQAFAH Jurnal Yudisial Pena Justisia: Media Komunikasi dan Kajian Hukum JUSTISI Community Development Journal: Jurnal Pengabdian Masyarakat Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Journal De Facto Batulis Civil Law Review Jurnal hukum IUS PUBLICUM Sultan Jurisprudence : Jurnal Riset Ilmu Hukum Jurnal Konstitusi Jurnal Pustaka Mitra : Pusat Akses Kajian Mengabdi Terhadap Masyarakat DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Journal Evidence Of Law JURIS (Jurnal Ilmiah Syariah) Akuntansi dan Humaniora: Jurnal Pengabdian Masyarakat Jurnal Pengabdian Mandiri NUSANTARA: Jurnal Pengabdian Kepada Masyarakat Bacarita Law Journal Bina Hukum Lingkungan Protection: Journal Of Land And Environmental Law Innovative: Journal Of Social Science Research Jurnal Nusantara Berbakti Damhil Law Journal JPNM : Jurnal Pustaka Nusantara Multidisiplin Jurnal Pelayanan Hubungan Masyarakat Jurnal Riset Ilmiah Indonesian Journal of Community Empowerment YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Journal of Law and Legal Reform Referendum Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial JILS (Journal of Indonesian Legal Studies) Suara Edukasi Hukum Journal of State Public Policy (JSPP)
Mohamad Hidayat Muhtar
Fakultas Hukum, Universitas Negeri Gorontalo
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mechanical Engineering Public Health Social Sciences Other

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Knitting Legislative Meaning: A Review of Disability Education Policy in the Law on the National Education System and Disabilities Zamroni Abdussamad; Anna Triningsih; Mohamad Hidayat Muhtar; Arief Fahmi Lubis; Wiwik Widyo Widjajanti; Dede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3830

Abstract

This study set out to address the question, "How is the future legal construction of the pattern of implementing inclusive, specialized, and equal Education for Persons with Disabilities in Indonesia?" The normative issue of how disabled people in Indonesia are often managed inspired this study. The Law on the Education System and the Law on Disabilities both include ambiguous principles on inclusive and special (segregated) education. The Statute Approach method was used to conduct this normative assessment of the law. The study's findings suggest that moving forward, Indonesia will revise legal norms in both laws and the integration of special schools and regular schools by establishing special units in regular schools to accommodate students with disabilities, all with the goal of achieving full inclusive education for people with disabilities. This may be done in increments, on a continuous basis, and using metrics based on the state of Indonesia's infrastructure right now
KONTRA PERSEPSI ASAS KEBEBASAN BERKONTRAK DALAM UU NO 2 TAHUN 1960 TENTANG BAGI HASIL PERTANIAN DENGAN SISTEM IJON (Penyuluhan Hukum Pada Masyarakat di Desa Kaidundu Kecamatan Bulawa Kabupaten Boen Bolango Provinsi Gorontalo) Dolot Alhasni Bakung; Sri Nanang Meiske Kamba; Mohamad Hidayat Muhtar; Zamroni Abdussamad; Julius T. Mandjo
Jurnal Nusantara Berbakti Vol. 1 No. 3 (2023): Juli : Jurnal Nusantara Berbakti
Publisher : Universitas Kristen Indonesia Toraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/jnb.v1i3.164

Abstract

The implementation of the ijon system by the community, especially farmers, has become a habit that has been passed down from generation to generation and has become entrenched in a number of areas, including Gorontalo. The 1945 Constitution, especially in Article 18B paragraph two (2) which reads that the State recognizes and respects customary law community units along with their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which is regulated in law. Even so, buying and selling under the debt bondage system, in the eyes of the law, is strictly prohibited because in buying and selling the bonded bond system is very unclear because this is a form of extortion that can harm other people. The sale and purchase of the ijon system has also been confirmed in article 8 paragraph 3 of Law number 2 of 1960 concerning production sharing agreements, which reads: "payments by anyone, including owners and cultivators, to cultivators or owners in whatever form they have elements of ijon, are prohibited". The provisions used as the legal basis for the use of standard contracts in Indonesia are Article 1338 Paragraph (1) of the Civil Code which stipulates: "all agreements made legally apply as laws for those who make them" from the words all can be interpreted that every legal subject can make an agreement with any content, there is freedom of the legal subject to determine the form of the agreement. In other words, through the principle of freedom of contract, legal subjects have the freedom to make agreements, including opening opportunities for legal subjects to make new agreements that have not been regulated in the Civil Code so that they can follow the needs of society due to the times
Dialektika Hukum dan Identitas dalam Perubahan Nama di Pengadilan Negeri Gorontalo Nijam Hiliwilo; Fence M. Wantu; Mohamad Hidayat Muhtar
Suara Edukasi Hukum Vol 1 No 2 (2025): Vol 1 No 2 2025
Publisher : Perkumpulan Maju Karya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67084/06fh9b59

Abstract

This research discusses Decision Number 67/Pdt.P/2024/PN Gto at the Gorontalo District Court regarding a request to change a child's name from "Nadelia Nazwa Putri Baune" to "Aurel Syahwana Putri Baune," filed by the parents for administrative convenience. The study focuses on analyzing the judges' legal considerations in granting the application, emphasizing the relationship between compliance with formal norms, the relevance of the reasons presented, and the social sensitivity inherent in the case. Data was collected thru a study of judgment documents, interviews with judges, and analysis of relevant legal literature. The research results show that judges use a combination of legal-formal considerations based on the Population Administration Law and the principle of expediency, which emphasizes the smooth administration of children. Although the applicant's reasons were considered simple, the judge still deemed the application valid because it did not contradict the law, did not harm third parties, and was supported by administrative evidence and witnesses. However, critical analysis shows that the judges' ratio decidendi tends to be more pragmatic than in-depth, potentially setting a permissive precedent in similar cases. In conclusion, this decision reflects legal practices that are responsive to societal needs, but it still requires strengthening legal argumentation standards to balance legal certainty, justice, and utility.
Penegakan Hukum Persaingan Usaha dalam Ekonomi Digital Antara KPPU terhadap Google LLC Yuniar Supu; Weny Almoravid Dungga; Mohamad Hidayat Muhtar
Suara Edukasi Hukum Vol 1 No 2 (2025): Vol 1 No 2 2025
Publisher : Perkumpulan Maju Karya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67084/34z4hw33

Abstract

This research discusses the enforcement of business competition law in Indonesia thru a case study of the Business Competition Supervisory Commission (KPPU) against Google LLC in the Google Play Billing System case. The enactment of Law Number 5 of 1999 marked a structural correction to past monopolistic practices, but new challenges emerged in the digital economy, characterized by the dominance of global platforms, network effects, and data power. The KPPU's decision in 2025, which imposed an administrative fine of Rp202.5 billion on Google LLC, proves that competition law is still relevant for regulating modern digital practices, particularly regarding Article 17 on the prohibition of monopoly practices and Article 25 paragraph (1) letter b on the abuse of dominant position. This analysis shows that Google's policy requiring the use of its internal payment system limits consumer choice, hinders local developers, and narrows the space for innovation. This finding confirms that competition law serves as a corrective instrument to protect the public interest while also fostering a healthy business climate. However, the normative limitations of Law No. 5/1999 in addressing the complexities of the digital market create an urgent need for regulatory reform, including the formation of a more precise and adaptive Digital Market Law. This research is expected to enrich academic discourse and serve as a practical reference for strengthening competition law instruments in the face of global technology company dominance.
The Indonesian economic Constitution from the perspective of Franz Böhm and Walter Eucken for a just Market Nurul Fazri Elfikri; Muhamad Khairun Kurniawan Kadir; Mohamad Hidayat Muhtar; Sofyan Piyo; Fitran Amrain; Zainal Abdul Aziz Hadju
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4769

Abstract

This study aims to reconstruct the implementation of Article 33 of the 1945 Constitution through the framework of Ordnungspolitik developed by Franz Böhm and Walter Eucken. The study is grounded in the existence of imbalances in the normative, institutional, and functional dimensions of Indonesia’s economic system, which hinder the realization of the principles of solidarity and social justice. This study uses a normative legal methodology with a conceptual and comparative approach to legal thought. The analysis examines the comprehensive text of the amendments to the 1945 Constitution, sectoral regulations (such as the Job Creation Law and the Mining and Energy Law), as well as Constitutional Court rulings related to the economy. Data is analyzed qualitatively to align the principles of the German economic order (Ordoliberalism) with the values of the Indonesian Constitution. The novelty of this study lies in offering a new interpretive model for Article 33 of the 1945 Constitution by positioning the state as the architect of the market order (rather than merely a passive actor or regulator). Its innovation lies in integrating the substantive rule of law of Ordnungspolitik to limit the concentration of private economic power, which often distorts the constitutional mandate. The results show that Ordnungspolitik provides operational instruments for Indonesia to achieve distributive justice through two main channels: (1) strengthening the independence of competition oversight agencies to the level of constitutional institutions, and (2) codifying economic laws that guarantee market access rights for small businesses. This interpretation shifts the paradigm of Article 33 from mere symbolism regarding “cooperatives” to a binding norm that obligates the state to undertake structural interventions to maintain market integrity. The conclusion is that integrating the principles of Ordnungspolitik into the national legal system can serve as a solution to Indonesia’s economic institutional failures. This study recommends restructuring economic public policy to prioritize healthy competition and the protection of social rights as an inseparable legal order.
Effectiveness of Complete Systematic Land Registration: Role of Community and Village Government Julius T. Mandjo; Dolot Alhasni Bakung; Mohamad Hidayat Muhtar; Sofyan Piyo; Fitran Amrain
DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora (Journal of Legal Services and Humanities) Vol. 6 No. 1 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jds.v6i1.34437

Abstract

Kuliah Kerja Nyata (KKN) thematic at Gorontalo State University in Tupa Village, North Bulango District, Bone Bolango Regency, was held to address fundamental land issues that still often cause disputes due to weak administration, unclear ownership, and a lack of public understanding of land law. Through legal counseling focused on implementing the complete systematic land registration (PTSL) Program in accordance with ATR/BPN Regulation Number 6 of 2018, this activity aims to increase community legal awareness, strengthen village government capacity, and foster synergies among the community, government, and related institutions. The implementation method is carried out in a participatory manner through material exposure, interactive discussions, and direct clarification of field problems, such as delays in issuing certificates, differences in understanding of wills and grants, obstacles to land measurement in hilly areas, and abrasion issues on river banks. The results of the activity showed increased public understanding of the importance of land certificates as an instrument of legal protection and economic access, increased public confidence in government institutions, and a shift in legal culture towards administrative order. This activity also affects students who gain empirical experience in understanding law as a social reality. Thus, this legal counseling not only increases public awareness but also strengthens sustainable development at the village level.
Regulation And Institutional Arrangement Of Village-Owned Enterprises After The Work Creation Era Applied Rahmat Teguh Santoso Gobel; Mohamad Hidayat Muhtar; Viorizza Suciani Putri
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 16, No 1: 2023
Publisher : Universitas Trunodjoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v16i1.19135

Abstract

The management of BUMDesa is not yet optimal because many BUMDesa administrators still need to understand BUMDesa regulations and institutions. Seeing these problems, there needs to be capacity building preceded by legal reasons as a guideline for regulating BUMDesa management signs. Increasing the capacity of Village-Owned Enterprises (BUMDesa) as an organ driving the village economy can be carried out through the Job Creation Era, which has become a momentum for structuring BUMDesa regulations and institutions. The era of work creation referred to is the birth of Law Number 11 of 2020 concerning Job Creation which is now declared invalid with the presence of Government Regulation  (Perpu) Number 2 of 2022 concerning Job Creation. This study uses normative legal research methods(normative legal research). The author uses this legal research because the focus is on studying literature and laws and regulations related to the object of research. The results of the research show that the Job Creation Perpu needs to be pushed into law so that it can become a legal umbrella for the establishment and management of BUMDesa institutions because, in fact, the spirit that is carried out in the Job Creation Era, namely improving the investment ecosystem and business activities, one of them through the institutional arrangement of BUM Desa.
Indonesia's Constitutional Court: Bastion of Law Enforcement and Protector of Human Rights in The Reform Era Luh Putu Vera Astri Pujayanti; Zainun Zakya Nugrahayu; Erman I. Rahim; Mohamad Hidayat Muhtar; Chami Yassine
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 17, No 1: 2024
Publisher : Universitas Trunodjoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v17i1.24128

Abstract

This study aims to analyze the role of the Indonesian Constitutional Court in carrying out its function as a stronghold of law enforcement in Indonesia after the reform era, as well as evaluate the extent to which this institution has succeeded in protecting human rights through its decisions. Methods: This research is categorized as normative legal research with a philosophical and analytical approach. The focus is on rational, critical, and philosophical analysis of the legal issues raised. The analytical descriptive method is used to describe the applicable legislation, legal theory, and positive law enforcement practices related to the problem under study. Results: The results show that the Indonesian Constitutional Court plays an important role in upholding the Constitution and social justice with a careful and balanced approach. Key decisions such as No. 18/PUU-V/2007, No. 75/PUU-XIII/2015, and No. 102/PUU-XXI/2023 highlight the importance of legislative autonomy, legal clarity, and certainty, as well as the presumption of innocence and prudence in political intervention. The application of Aharon Barak's theory of "proportionality," Lon Fuller's "legal certainty," and Alexander Bickel's "judicial restraint" provides insight into ensuring a balance between human rights, legal certainty, and the integrity of due process.
Analisis Yuridis Konflik Pernikahan dalam Hukum Adat dan Hukum Nasional Ditinjau dalam Pasal 18B Ayat (2) UUD 1945 Dian Mentari Gobel; Wenny Almoravid Dungga; Mohamad Hidayat Muhtar
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 3 No. 2 (2026): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v3i2.1871

Abstract

This study aims to analyze the regulation of marriage in the customary and national legal systems and the legal implications of Article 18B Paragraph 2 of the 1945 Constitution on marriage. Given that Indonesia has a diverse society and is rich in traditions, customary law operates concurrently with national law, often giving rise to conflict. The research method used is a normative approach with descriptive analysis. The results show that customary law and national law have different characteristics, where customary law is flexible and contextual, while national law prioritizes the principles of equality and individual protection. Constitutional Court Decision No. 46/PUU-VIII/2010 is a crucial point in recognizing the rights of children born outside of marriage, creating a bridge between customary and national legal norms, and emphasizing the importance of harmonization between the two. This study is expected to provide deeper insight into the need for policies that support collaboration between customary and national law in regulating marriage.
DARI NORMA KE REALISASI: KRITIK TERHADAP ABSENNYA JAMINAN FISKAL DALAM PEMENUHAN HAK PENYANDANG DISABILITAS PADA PERATURAN DAERAH PROVINSI GORONTALO NOMOR 4 TAHUN 2023 Mohammad Syafril Rinaldy Hulalata; Zamroni Abdussamad; Mohamad Hidayat Muhtar
Jurnal Hukum Ius Publicum Vol 7 No 1 (2026): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v7i1.705

Abstract

This study aims to analyze the implications of the absence of fiscal guarantees on the effectiveness of fulfilling the rights of persons with disabilities under Regional Regulation of Gorontalo Province Number 4 of 2023. The research employs a normative juridical method using statutory, conceptual, and analytical approaches. The rights of persons with disabilities are categorized as social rights whose realization requires active fiscal intervention within the framework of a welfare state. The findings indicate that although the regional regulation has incorporated progressive norms concerning the protection and fulfillment of rights, the provisions on financing remain general and do not contain explicit fiscal guarantee schemes, such as minimum budget allocations or binding affirmative mechanisms. The absence of such fiscal guarantees results in the implementation of rights being highly dependent on the annual regional budgeting policy through the Regional Revenue and Expenditure Budget (APBD), which is political and dynamic in nature. This condition creates the risk of symbolic regulation, weakens legal certainty, and reduces the practical effectiveness of the norms. Therefore, an integration between substantive norms and a structured and sustainable fiscal design is required to ensure that the protection of the rights of persons with disabilities does not remain merely declaratory, but is realized concretely and consistently in accordance with the principles of the welfare state.
Co-Authors Adnan, Raihan Sahrul AH. Asari Taufiqurrohman Ahmad Ahmad Ahmad Ahmad Alaa Abouahmed Amer, Nabih Andi Bau Mallarangeng Anna Triningsih Apripari, Apripari Arief Fahmi Lubis Arief Fahmi Lubis Awad Al Khalaf BAKUNG, Dolot Al Hasni Bendriss, Halima Beni Setiawan Benseghir, Mourad Bentria, Maamar Bintang Idrus, Muhammad Ch. Thalib, Mutia Chami Yassine Chinatra Manoppo, Mohammad Raphael Deby Fatria Ntobuo Dede Agus Dian Ekawaty Ismail Dian Mentari Gobel Diharjo, Nugroho Noto Dolot Alhasni Bakung Dungga, Weny A Enas Qutieshat Enny Agustina Erman I. Rahim Erman I. Rahim Farida Tuharea Fathullah Fathullah Fence M Wantu Fenty U. puluhulawa Fidhela Putri Fadhila Fitran Amrain Geofani Milthree Saragih Geofani Milthree Saragih Grenaldo Ginting Huruji, Rahmat I Rahim, Erman Irma Suryani Irsan Irsan Rahman, Irsan Janwar Hippy Jaya, Belardo Prasetya Mega Jufryanto Puluhulawa Julius T Mandjo Julius T. Mandjo Lahmado, Novia Grace Luh Putu Vera Astri Pujayanti M Mongdong, Novita Mamu, Karlin Z Mantali, Avelia Rahma Y. Meinarni, Ni Putu Suci Mexsasai Indra Misnah Irvita Moh. Arpat Rasyid Moh. Ihsan Husnan Moh. Ihsan Husnan Moha, Rivaldi Mohammad Syafril Rinaldy hulalata Moodoeto, Fayza Khairunnisa Muhamad Khairun Kurniawan Kadir Muhamad Rusdiyanto Puluhuluwa Muhammad Iqbal Mustapa Mutia Cherawaty Thalib Nabih Amer Naue, Karmila Ngabito, Rafyanka Ivana Putri Nijam Hiliwilo Nirwan Junus Novendri M Nggilu Nugrahayu, Zainun Zakya Nur Mohamad Kasim Nurkhalifah Kaharu, Siti Nursyahbani Komendangi, Rivanka Amelia Nurul Fazri Elfikri Nuvazria Achir Pakaja, Rahman Pakaya, Dian Paputungan, Mardiono Pujayanti, Luh Putu Vera Astri Puluhulawa, Moh Rusdiyanto U Putri, Viorizza Suciani Rahman, Aprilinda RAHMAT SETIAWAN Rahmat Teguh Santoso Gobel Raihan Sahrul Adnan Razak, Askari Rio Akmal Syahbana Rivera, Kevin M Rivera, Kevin M. Rusdiyanto U Puluhulawa, Mohamad Saharuddin Saharuddin Saharuddin Saharuddin Saharuddin Saragih, Geofani Milthree Siburian, Henry Kristian Sofyan Piyo Sri Ajeng Sukmawati Sri Nanang Meiske Kamba Sri Nurnaningsih Rachman Sri Olawati Suaib Suciani Putri, Viorizza Supriyadi Arief Suwitno Yutye Imran Swarianata, Vivi Thanh Nga Pham Umar, Supriandi Utama, Liza Vica Jillyan Edsti Saija Wenny Almoravid Dungga Weny A Dungga Weny Almoravid Dungga Wiwik Widyo Widjajanti Yassine, Chami Yogi Muhammad Rahman Yuniar Supu Yustiana Yustiana, Yustiana Yusuf, Arni Zainal Abdul Aziz Hadju Zainal Abdul Aziz Hadju Zainal Hadju Zainun Zakya Nugrahayu Zamroni Abdussamad Zerara, Aouatef