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All Journal Mahkamah: Jurnal Riset Ilmu Hukum Journal of International Islamic Law, Human Right and Public Policy
Muslim A. Kasim
Universitas Gorontalo
Religion Law, Crime, Criminology & Criminal Justice

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DYNAMICS OF FORESTRY REGULATIONS IN THE ERA OF DECENTRALIZATION: CHALLENGES OF HARMONIZATION BETWEEN CENTRAL AND REGIONAL GOVERNMENTS Moh. Arief Erawan; Mohamad Rasyid Ridho; Muslim A. Kasim; Sarfan Tabo
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21350183

Abstract

orestry policy-making and implementation in Indonesia. Forestry regulations, which are intended to provide a strong legal foundation for sustainable forest governance, instead reveal a growing disconnect between centrally issued norms and their implementation at the local level. Overlapping authorities, regulatory disharmony, and unclear institutional roles between different levels of government have created persistent legal and administrative challenges, undermining effective forest management and environmental protection. This article examines these dynamics and highlights the need for harmonization between central and regional regulations. Using a normative juridical approach, the study analyzes constitutional provisions, statutory regulations, and legal doctrines governing the distribution of authority in the forestry sector. The findings affirm the urgency of restructuring legal authority and aligning sectoral norms with the principles of decentralization, legal certainty, good governance, and environmental sustainability. Strengthening regulatory coherence and clarifying institutional responsibilities are essential to improving the effectiveness of forestry governance and ensuring sustainable forest management in Indonesia.
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): July : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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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): July : 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.
Tinjauan Yuridis terhadap Rancangan Undang-Undang TNI dalam Perspektif Supremasi Sipil dan Negara Hukum Hamdan Nango; Moh. Suryansyah R. Waraga; Roy Marthen Moonti; Muslim A. Kasim
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): July : 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.v2i3.887

Abstract

This paper discusses in depth the juridical review of the Draft Law on the Indonesian National Army (RUU TNI), by highlighting two key principles in the Indonesian constitutional system, namely civilian supremacy and the principle of the rule of law. Civilian supremacy places civilian authorities - especially the president and parliament - above military institutions in state policy-making, as a guarantee that military power does not become an autonomous force that can intervene in civilian political and governance processes. In this context, the role of the TNI must be placed proportionally and in accordance with the mandate of the constitution, especially Article 30 of the 1945 Constitution which affirms that the TNI as a means of state defence is subject to state policies and political decisions.Through a normative-analytical approach, this article examines the substance of the TNI Bill, including clauses governing the TNI's main tasks, its involvement in military operations other than war (OMSP), as well as authorities that could potentially have multiple interpretations if not accompanied by strict legal supervision and restrictions. Although this bill appears to respond to global dynamics in modern military governance, a number of provisions in it raise concerns about the imbalance between civilian and military power. If not anticipated with an effective civilian control system and transparent accountability mechanisms, the TNI Bill has the potential to deviate from the principles of the rule of law.
Co-Authors Hamdan Nango Ismail, Nurwita Moh. Arief Erawan Moh. Suryansyah R. Waraga Mohamad Rasyid Ridho Moonti, Roy Marthen Nurmik K. Martam Rahmawati Rahmawati Riski Yunus Sarfan Tabo