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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Human Rights in The Global South (HRGS)
Muktiono
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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The Indonesian Blasphemy Law as Legal Forum for Renegotiating Indonesian Secularity Muktiono
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1732.038 KB) | DOI: 10.56784/hrgs.v1i1.1

Abstract

If secularism is described merely as the decline of religious roles in public spheres or religious privatization, then there would be difficulties to put the secular term on Indonesian history. The principle of divinity “Ketuhanan Yang Maha Esa” as adopted on the “Pancasila” as state ideology has become basis for religionization and rejecting any utterance of secularism at law, State institution, or other public domain. On the other hand, Indonesia as a democratic State as well as the most populous Muslim country in the world has never put the notion of Islamic state or theocracy as its State model. Its modernity is developed under the Western idea of law supremacy or the rule of law to which a democratic political system is laid down. This situation seems to be paradoxical in the view of both religionist or modernist due to its inconsistency to their strict concept especially on Islamic state and secularism. Or, is Indonesia another example of how religion and modernity has its multiplicity based its own historical reflexivity without making clash between religion and secularism? This article is intended to seek kind of distinction on Indonesian secularity based on how its blasphemy law developed and functioned under the framework of open-ended negotiation. The first epoch assumed as the place of negotiation on Indonesian secularity was taken place on initial stage of State’s formation around transition era of independence in 1945. Then, there have been several renegotiations afterward through multiple and overlapping instruments of development such as politics, economy, law, and culture. The blasphemy law as one of such instruments will be used to read how the relevant actors of Indonesian history has constructed their own concept of state and religion included its interrelationship characters as the basis for social and structural differentiation or distinction. The expected outcome of the reading and its analysis is to reveal any evidence of Indonesian particularity on secularization which may be related to the concept of multiple secularities.
Legal Protection for Human Rights Defender in Indonesia Siagian, Daniel Alexander; Muktiono; Prasetyo, Ngesti Dwi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.293

Abstract

Legal protection of human rights defenders in Indonesia is crucial for the state to fulfil, promote and develop human rights. This research focuses on the reformulation of legal obscurity in regulations that have not legitimised the protection of human rights defenders. Various forms of vulnerability of human rights defenders in fact lead to human rights violations such as Criminalisation, Victimisation, Anti-SLAPP (Strategic Lawsuit Against Public Participation), Cyber Attacks and physical attacks intended for human rights defenders which reinforce Impunity. The facts show that the activities of human rights defenders are very vulnerable, it is appropriate to require legal protection in each of their activities. The vulnerability of the activities carried out by human rights defenders, which basically aims to contribute to the quality of State administration in promoting human rights, shows that protection for human rights defenders is important to be reformulated. By considering several important issues that are the focus of the research, the protection of Human Rights Defenders consists of, for instance, legal protection, which is not only related to the establishment of laws and regulations that guarantee the protection of Human Rights Defenders, but also to the elimination of laws that have the potential to threaten, restriction and violate Human Rights Defenders, guarantees and support for the activities of Human Rights Defenders, including the effectiveness of Human Rights Defenders in the process of advocacy, such as the right to information, communication with both government and non-government organisations, and recognition of Human Rights Defenders' advocacy. This also covers the guarantee of defenders' right to immunity for their advocacy activities.
Harmonisasi Kewenangan Penyidikan Personel Tentara Nasional Indonesia yang Melakukan Tindak Pidana Korupsi Zulmi, Muhammad Nizar; Shinta Hadiyantina; Muktiono
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1283

Abstract

This study aims to analyze the legal implications of disharmony of authority between the Corruption Eradication Commission (KPK) and the Indonesian National Army Military Police Center (Puspom TNI) in investigating corruption perpetrators from military personnel as well as the ideal formulation in the investigation of corruption cases from the perspective of the principle of equality before the law in the future. This research is normative juridical research that uses both the statutory and conceptual approaches. This study concludes two things. First, the resolution of the disharmony of authority between the KPK and Puspom TNI in the 2002 KPK Law, the Military Justice Law, and the TNI Law is that the legislators harmonize the regulatory material, submit a request for judicial review of the law in the Mahkamah Konstitusi, and apply the principle of lex specialis derogat legi generalis. Second, the ideal formulation for the future is to revise the Military Justice Law and the TNI Law, which specifically regulates TNI soldiers who commit military crimes only. If a soldier commits a corruption crime, the Corruption Court will resolve the case without distinguishing the perpetrator's military or civilian status.
Harmonization of the Authority of The Central and Local Governments in Handling Criminal Acts of Pornography on Social Media: Legal Consequences, Juridical Consequences, and Legal Solutions Muhammad Hilmy Rizqullah Ramadhan; Abdul Madjid; Muktiono
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.485

Abstract

This study investigates the disharmony between Law No. 44 of 2008 on Pornography and Law No. 23 of 2014 on Regional Government, particularly regarding the division of authority between the central and regional governments in handling digital pornography crimes. Utilizing a normative juridical method, the research applies legislative, conceptual, and comparative approaches to assess the vertical and horizontal regulatory conflicts. The findings show that the lack of synchronization between legal provisions leads to legal uncertainty, fragmented enforcement, and contradictions in institutional roles, thus weakening the effectiveness of law enforcement in cyberspace. By employing the theoretical framework of Gustav Radbruch's legal certainty and Jeremy Bentham's utilitarianism, the study reveals that ambiguous authority obstructs legal performance and social protection. The study offers prescriptive solutions through harmonization of regulations, functional-spatial authority distribution, and intersectoral coordination mechanisms to establish a responsive, integrated digital legal governance system in Indonesia.
"THE URGENCY OF HORIZONTAL SUPERVISION (JUDICIAL SCRUTINY) OF LEGAL AID IN PRE-TRIAL AS PART OF THE HUMAN RIGHTS OF SUSPECTS" Joshua Aditya Setyanugraha; Muktiono; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4173

Abstract

This study examines the urgency of horizontal supervision (judicial scrutiny) of legal aid in pre-trial. Legal aid is a principle contained in the due process of law. The research method used in this study is normative research with a conceptual approach and a case approach. Horizontal supervision in the current pre-trial concept does not include legal aid as an object of judge's authority so that for suspects who are not accompanied by legal counsel as required by Article 56 of the Criminal Procedure Code, the assessment must be submitted to the trial examination. Furthermore, how should horizontal supervision of legal aid provide human rights guarantees to suspects? Horizontal supervision carried out by pre-trial judges or in the future through the concept of Preliminary Examining Judges, it is appropriate to provide a balance between the great power of the apparatus administering the pre-trial function, with the human rights of suspects, including legal aid which is a universal right, so that due process of law can be achieved.
Urgency of the Regulation of No-Charge Service by Land Deed Officials (PPAT) for the Incapables Eva Rahayu; Muktiono; Hendrarto Hadisuryo
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 3 (2023)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i3.267

Abstract

The obligation of Land Deed Official (PPAT) to provide services without charging a fee to someone who cannot afford it, as regulated in the Republic of Indonesia Government Regulation No.24 of 2016 concerning amendment Government Regulation No. 37 of 1998 concerning Land Deed Official (PPAT) Position Regulation, lacks restrictions in the regulation results in the blurring of norms. The need for definite regulation is necessary considering that the legal basis for providing free services is only stipulated in one article, and if interpreted, it might not be strong enough to become the basis for the implementation of the Land Deed official’s obligation. In addition to the non-regulation of standardization for the person unable to pay, another factor is that the current regulations are no longer relevant when observed from the phenomena occurring in society today. Thus, the issue in this research is the urgency of legal arrangements regarding the obligations of Land Deed Officials in providing services without charging a fee to someone who cannot afford it. The aims of this research are directed to analyze and formulate the urgency of regulation implementation as well as the legal protection provided by the government towards less privileged people. It was to determine whether the regulation remains relevant in its implementation. This research used normative legal research as a method with the Legislative Approach and Conceptual Approach.
THE RESPONSIBILITY OF NOTARIES AS PUBLIC SERVANTS REGARDING DESIRED AGREEMENT DEEDS USING BRAILLE SCRIPT Retno Wahyu Nickent Cassy; Muktiono; Erna Anggraini
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i5.1035

Abstract

This research examines the aspects of the notary's responsibility as a public servant, specifically regarding individuals with disabilities, in relation to Law Number 25 of 2009 on Public Services. The notary is involved and has the responsibility to provide services to the public. In this study, the researcher addresses two topics: the duties and responsibilities of the notary as a public servant, and the use of Braille script in desired deeds. To answer these two discussions, the author adopts a normative juridical approach through the study of legal materials and literature sources related to the chosen theme. The research findings indicate that the notary has a workload of tasks and responsibilities as a public servant in the private realm, and copies as well as minutes of deeds can be made using Braille script. The International Organization's Notarial Guide of Good Practices for People With Disabilities has recommended the establishment of specific regulations for individuals with disabilities, essentially allowing the use of Braille script in deeds as a way to maximize services.
REASONABLE PRICE INDICATORS IN COLLECTION OF BPHTB SALE AND PURCHASE BY BAPENDA MALANG CITY Aulia Faza Regista; Muktiono; Supriyadi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 2 (2023): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i2.1105

Abstract

The purpose of this research is to analyze and describe the indicators used by Bappenda in determining the fair transaction price for buying and selling land in Malang City in collecting BPHTB. This type of research is a socio-legal research with a juridical-sociological approach. This research was conducted at the Malang City Regional Revenue Agency. The results of the analysis show that based on the results of interviews with Bapenda, it states that a fair transaction price has the same meaning in determining market value, but for buying and selling transactions, Bapenda determines it in several ways in the form of a sales price submitted by the taxpayer as the seller, the previous documents where there are similarities in certain districts or sub-districts, can also be seen by neighboring houses that are next door and around it. Of these 3 things, Bapenda takes the average to determine a fair transaction price. The use of the price contained in the Bappenda tax database is used as a measure to find out whether the stated transaction price is a reasonable transaction price. Considering that many taxpayers include the transaction price on the Sale and Purchase Deed and SSPD BPHTB which does not match the actual price to minimize the amount of BPHTB owed.
Co-Authors Abdul Madjid Aulia Faza Regista Erna Anggraini Eva Rahayu Hendrarto Hadisuryo Joshua Aditya Setyanugraha Muhammad Hilmy Rizqullah Ramadhan Ngesti Dwi Prasetyo Retno Wahyu Nickent Cassy Shinta Hadiyantina Siagian, Daniel Alexander Supriyadi Zulmi, Muhammad Nizar