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All Journal JURNAL MAGISTER HUKUM UDAYANA LAW REFORM Jurnal Ilmiah Al-Syir'ah Halu Oleo Law Review Jurnal Al Himayah Gorontalo Law Review Indonesian Journal of Criminal Law Musamus Law Review AL-Ishlah : Jurnal Ilmiah Hukum Law Research Review Quarterly IBLAM Law Review International Journal of Humanities Education and Social Sciences Journal Evidence Of Law At-Tanwir Law Review Jurnal Relasi Publik Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Al-Zayn: Jurnal Ilmu Sosial & Hukum Kanun: Jurnal Ilmu Hukum Jurnal Hukum dan Pembangunan Politika Progresif : Jurnal Hukum, Politik dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara International Journal of Law and Society Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora International Journal of Sociology and Law Jurnal Hukum, Administrasi Publik dan Negara
Marten Bunga
Fakultas Hukum Universitas Gorontalo
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pemberhentian Tidak Hormat Aparatus Sipil Negara Dalam Kasus Tindak Pidana Korupsi Biahimo, Jaqub; Kadir, Yusrianto; Bunga, Marten
Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v2i3.375

Abstract

To Analyze the Regulation of Fish Theft and FAD Settlement According to the Provisions of Indonesian Legislation. To Analyze the Criminological Review of the Enforcement of Theft and Damage to FADs.In this study the author, using Empirical research methods. The data sources used in this research are primary and secondary data. The author uses direct observation and interview data collection techniques. In this research, the author analyzes the data using quantitative methods, namely analyzing the data and providing relevant explanations, the problem is discussed further research and analysis is carried out and makes it a conclusion. The problem in Gentuma Subdistrict is that some fishing boats have more FADs than the regulations stipulated in the Regulation of the Minister of Maritime Affairs and Fisheries of the Republic of Indonesia Number 18 of 2021 so that when there is a problem of fish theft, it cannot be processed because the procedure for releasing fishermen's FADs has violated the rules. Facts have shown that fisheries crime has become a very threatening act to Indonesia's natural resources because it has a detrimental impact on society and the state. This is a threat to the survival of the community and the state because it can damage the environmental ecosystem and also damage the existence of living things in the sea.
Differences In Interpretation Between The District KPU And BAWASLU Of Gorontalo District Related To Administrative Violations Of The 2020 Regional Elections In Gorontalo District Nuna, Moh. Maskun; Moonti, Roy Marthen; Kadir, Yusrianto; Bunga, Marten; Kasim, Muslim
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.88

Abstract

The purpose of the research is to find out the causes of differences in interpretation between the Gorontalo Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 elections in Gorontalo Regency and how the process of resolving administrative violations of the 2020 elections in Gorontalo Regency by the Gorontalo Regency KPU and Bawaslu Gorontalo Regency. This research uses two legal research methods, namely: Normative and empirical legal research to find answers to the differences in interpretation between the KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 Pilkada in Gorontalo Regency. The difference in interpretation between the Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations is caused by overlapping statutory provisions. Where in Law Number 10 Year 201 concerning Pilkada, the two institutions are given the authority to examine and decide administrative violations, then the two institutions in deciding administrative violations have their own guidelines where Bawaslu is guided by Perbawaslu while the KPU itself is guided by KPU Regulations. This certainly does not provide legal certainty for justice seekers in election administration violations and the process of resolving administrative violations in the 2020 Pilkada in Gorontalo Regency, namely through DKPP and Constitutional Court decisions. We do not have to face different decisions between the two institutions because DKPP is an ethical judicial institution while the Constitutional Court is a legal judicial institution. Although there has been a decision from the Constitutional Court, it does not change the DKPP's decision because until now there has been no ethics court to appeal the DKPP's decision.
Harmonisasi Regulasi Pemilu dalam Konteks Pemilu Serentak 2024 Moh Arief Erawan; Marten Bunga
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 1 (2025): Maret: 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.v2i1.1243

Abstract

The 2024 simultaneous elections in Indonesia are a major challenge in harmonizing regulations covering legislative and executive elections. The background of this research is the existence of overlapping regulations, norm gaps, and technical obstacles in implementation, which have the potential to affect the quality of democracy. This study aims to analyze the effectiveness of harmonization of electoral regulations, identify obstacles in implementation, and provide recommendations for improvement. The type of research used is normative juridical with statutory and conceptual approaches. The results show that regulatory harmonization can be achieved through synchronization between Law No. 7/2017 and implementing regulations, optimizing the role of EMBs, and applying digital technology for transparency and efficiency. The conclusion of this study is that regulatory harmonization is not only important to ensure fairness and equality in the electoral process, but also to increase public confidence in the integrity of elections in Indonesia. The findings are expected to serve as a reference for policymakers in facing the challenges of the 2024 simultaneous elections.  
TINJAUAN HUKUM TERHADAP KETERBUKAAN INFORMASI PEMERINTAH DAERAH DALAM PERSPEKTIF HUKUM PIDANA Asmongin, Bharata Prabowo; Bunga, Marten; Tumuhulawa, Arifin
At-Tanwir Law Review Vol 5, No 1 (2025): Februari 2025
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v5i1.4066

Abstract

This study examines public information disclosure by local governments from a criminal law perspective, focusing on weaknesses in the formulation of criminal offenses and the effectiveness of law enforcement. Based on the lex specialis derogat lex generalis principle, Law No. 14 of 2008 on Public Information Disclosure (UU PID) as a special regulation has not specifically formulated criminal offenses, particularly regarding the criminal liability of public bodies or corporations. Existing criminal sanctions, such as a maximum prison sentence of one year or fines, are deemed insufficient to provide an optimal deterrent effect. The dispute resolution mechanism through the Information Commission is procedurally effective but faces implementation challenges. The process begins with mediation and proceeds to adjudication if mediation fails. However, low legal understanding among public bodies, weak sanction enforcement, and inadequate oversight of decision implementation remain significant obstacles.This study recommends strengthening regulations through clearer formulation of criminal offenses, establishing criminal liability for public bodies, and enhancing the effectiveness of sanctions. Additionally, it is necessary to improve the capacity of law enforcement officers and public bodies in understanding and implementing the UU PID. Thus, public information disclosure in local governments can be carried out more effectively, accountably, and transparently.
Peranan Polisi dalam Penanggulangan Tindak Pidana Pelanggaran Lalu – Lintas Diwilayah Hukum Polres Gorontalo Muhamad Zulkifli Lamatenggo; Marten Bunga; Robby Waluyo Amu
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 2 (2025): Juni : 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.v2i2.1711

Abstract

This research is empirical in nature, involving direct field observations through interviews with authorized police officers of Bone Bolango who are responsible for handling traffic violations. The findings indicate that the role of the police is crucial in fostering traffic order through comprehensive and adaptive approaches. The strategies required by law enforcement to combat traffic violations emphasize the importance of holistic and contextual methods. Effective strategies must integrate strict law enforcement with public legal education and awareness-building, along with the use of modern technologies such as electronic traffic law enforcement (e-TLE) to enhance monitoring and transparency. The proposed recommendations highlight the need to improve the capacity of police personnel in both quantity and quality through continuous training focused on enforcement techniques and humanistic approaches. A more comprehensive approach is necessary, integrating enforcement, education, and community guidance simultaneously. These strategies must be supported by enhanced infrastructure and technology, such as the development of the e-TLE system and the installation of CCTV at high-risk violation points to improve monitoring effectiveness.
Evaluasi Pengaruh Kebijakan Anti-Korupsi terhadap Efektivitas Penyaluran dan Program Bantuan Pendidikan di Indonesia Huntua, Hariyanto; Moonti, Roy Marthen; Bunga, Marten; Kasim, Muslim A.
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 3 (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.v2i3.913

Abstract

Corruption in the disbursement of educational aid funds poses a serious challenge that undermines the effectiveness of education policies in Indonesia, particularly within programs such as the Indonesia Smart Program (PIP) and the Family Hope Program (PKH). Irregularities in fund management, weak supervision, and the lack of transparency and accountability have led to unequal distribution of aid and a decline in the quality of educational services. This study aims to evaluate the impact of anti-corruption policies on the effectiveness of educational fund distribution through a normative approach using secondary data. The findings indicate that the implementation of anti-corruption policies, supported by the digitalization of financial systems, public participation, and institutional reform at the local level, has a significant effect in reducing the misuse of educational funds. However, the effectiveness of these policies heavily depends on political commitment, the capacity of supervisory institutions, and public legal awareness. Therefore, synergy between law, technology, a culture of integrity, and community participation is essential to building clean and equitable education governance in pursuit of Indonesia Emas 2045.  
Upaya Penegakan Hukum dalam Pemberantasan dan Penanggulangan Tindak Pidana Narkoba oleh Kepolisian Polres Kota Gorontalo Sofyan Hardiyanto Abubakar; Ibrahim Ahmad; Marten Bunga
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 3 (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.v2i3.914

Abstract

Drug cases in Indonesia are at a very worrying level. The phenomenon of abuse of narcotics, psychotropic drugs, and illegal drugs (narcotics), should be a concern for the government and all levels of society in general. The rampant behavioral deviations of the younger generation, namely the occurrence of narcotics crimes, one of which is the abuse of narcotics and illegal drugs, are currently increasing. Teenagers are very potential targets for the circulation of narcotics and dangerous drugs, so there must be real efforts to prevent and eradicate them. The problem approach method used in this writing is the normative legal method. Primary data collection techniques are obtained by conducting searches, inventories and reviewing regulations using literature studies including laws and regulations, books and articles in journals and scientific works. The police in eradicating drug crimes have the authority in accordance with the mandate of Law Number 35 of 2009 concerning Narcotics and Law Number 2 of 2002 concerning the Police. The main authority includes investigation of Pre-emptive, Preventive, Repressive action.
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.
Penegakan Hukum Pidana terhadap Korporasi dalam Tindak Pidana Korupsi Sachruddin Sachruddin; Yusrianto Kadir; Marten Bunga
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 3 (2025): May : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i3.262

Abstract

Eradication of corruption in Indonesia has been made maximum efforts, but the reality shows that the number of corruption cases continues to increase. This situation is caused by the obstacles encountered in efforts to prevent and eradicate corruption. In its development, corruption in Indonesia is no longer a monopoly of bureaucrats but has also involved actors in the private sector. For example, corruption can be committed by corporations, either directly or through the actions of people acting on behalf of or for the interests of the corporation. The method used is the normative juridical method, a legal research method that relies on the study of primary legal materials, such as laws, legal theories, and legal concepts. This method is analytical and examines the legal norms applicable in laws and regulations. Enforcement of criminal law against corporations in corruption cases is an important aspect in efforts to eradicate corruption in Indonesia. Corporations are responsible for actions taken in their interests. Sanctions imposed on corporations, either in the form of fines or administrative sanctions, are expected to provide a deterrent effect and prevent the recurrence of corruption. Criminal law enforcement against corporations in corruption cases faces various complex and diverse obstacles. These obstacles include the complexity of the corporate organizational structure, difficulty in providing evidence, transfer of responsibility, lack of clear regulations, minimal sanctions imposed.
Mechanism For Impeaching The Vice Regent Of Gorontalo Regency For The Period 2016-2020 Asuki, Teddy Permana; Kadir, Yusrianto; Moonti, Roy Marthen; Bunga, Marten; Kasim, Muslim
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : 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.v1i2.78

Abstract

The research aims at investigating he mechanism for impeaching the Vice Regent period for 2016-2020 Gorontalo district and factors that influence Vice Regent to be impeached. This research is empirical research or direct research. The research is used descriptive analysis method so that the comprehensive view picture can be obtained regarding the rules which related to applicable rules or norms. The impeachment process is starts begins with a report submitted by a society the Regional House of Representatives, which is the legislature's commissions. Then it was continued with the formation of a Special Committee to hold a plenary session of the impeachment process for the 2016-2020 Deputy Regent. From the final results of the process in the realm of the Regional People's Representative Council, it is submitted to the Supreme Court in Deciding and establishing an Opinion from the Regional People's Representative Council which is then validated by the Minister of Home Affairs and returned to the regional government to announce the decision on the dismissal. The legal basis for the process and prohibition of a leader is regulated in the 1945 Constitution in conjunction with Law number 23 of 2014 concerning regional government.
Co-Authors Akili, Rustam Hs. Amelia Arief Arifin Tumuhulawa Asmongin, Bharata Prabowo Asuki, Teddy Permana Aswari, Aan Biahimo, Jaqub Dince Aisa Kodai Engahu, Roni Setiawan Halfaoui, Amro Hanapi, Yayan Hardianto Djanggih Hardianto Djanggih Hardianto Djanggih Hardianto Djanggih, Hardianto Huntua, Hariyanto Ibrahim Ahmad Ibrahim Ahmad Ilham Abbas Ismail, Nurwita Kadir, Yusrianto Kasim, Muslim Kasim, Muslim A. Kasim, Ramdhan Koni, Yoslan K. Marthen Moonti, Roy Mega S Tangahu Moh Arief Erawan Mohamad Aldi Djafar Moonti, Roy Moonti, Roy Marthen Muhamad Aljebra Aliksan Rauf Muhamad Zulkifli Lamatenggo Muhammad S.Gani Muslim A. Kasim Mustating Dg Maroa Nuna, Moh. Maskun Nurson Petta Puji Ramdhan Kasim Robby W. Amu Robby Waluyo Amu Rochmansyah Setiono Roy Marthen Moonti Roy Moonti Sachruddin Sachruddin Salmawati Salmawati Sasongko, Catyawi Avesta Sofyan Hardiyanto Abubakar Yoslan K. Koni Yoslan K. Koni Yusrianto Kadir Yusrianto Kadir Yusrianto Kadir