Article Per Year (5 Year)
p-Index From 2021 - 2026
0.835
P-Index
This Author published in this journals
All Journal SIGn Jurnal Hukum Jurnal Hukum dan Etika Kesehatan (JHEK) SIGn Journal of Social Science CASHFLOW : CURRENT ADVANCED RESEARCH ON SHARIA FINANCE AND ECONOMIC WORLDWIDE Priviet Social Sciences Journal
Muhni, Afif
Unknown Affiliation
Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights Muhni, Afif; Basri, Muhammad; Rivanie, Syarif Saddam; Iskandar, Ismail; Muin, Audyna Mayasari; Mirzana, Hijrah Adhyanti
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.485

Abstract

Public participation in Indonesia faces a threat of systematic criminalization due to a procedural legal vacuum in Law Number 8 of 1981. This loophole enables the abuse of the legal process through SLAPP, a practice that silences critical voices and delegitimizes the constitutional guarantees for Human Rights. This study aims to analyze the urgency of and formulate a normative framework for comprehensively integrating an Anti-SLAPP mechanism into the Criminal Procedure Code Bill. Using a normative legal research approach, this study examines the disharmony between substantive protection norms and the absence of procedural enforcement instruments. The analysis reveals that without an early screening mechanism, a rule for shifting the burden of proof, and the recognition of a public interest defense, Law Number 8 of 1981 structurally fails to protect citizens. Therefore, this study recommends the integration of an inclusive and non-sectoral Anti-SLAPP mechanism into the Criminal Procedure Code Bill, designed to protect not only conventional activism but also participation in the digital space. This step is a fundamental prerequisite for strengthening the rule of law, fulfilling commitments to SDG 16, and ensuring the resilience of Indonesian democracy in the future.
Dual use satellites in the Ukraine conflict: The dilemma between state sovereignty and the principle of non-militarization of outer space Muthia, Nuriyah Fara; Muhni, Afif; H., Nurisnah
Priviet Social Sciences Journal Vol. 5 No. 10 (2025): October 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i10.715

Abstract

The increasing reliance on commercial satellite networks during armed conflicts has revealed substantial deficiencies in international space law. The Russia–Ukraine conflict serves as a pivotal case study, wherein Ukraine's utilization of SpaceX's Starlink satellite constellation for military communications obscured the distinction between civilian and military objects. This dual-use characteristic poses challenges to the traditional principles of international law, including state sovereignty over airspace, as delineated by the 1944 Chicago Convention, the freedom of outer space, as established by the 1967 Outer Space Treaty, and the principle of distinction under international humanitarian law. This study employs doctrinal legal analysis to assess whether dual-use satellites should be deemed legitimate military targets and to what extent states are accountable for the actions of private space actors. It contends that existing frameworks inadequately address the militarization risks posed by commercial satellites in low Earth orbit. The study concludes that new normative measures – whether through treaty amendments, interpretive declarations, or soft law instruments – are urgently needed to reconcile the competing principles of state sovereignty, civilian protection, and non-militarization of outer space.
Medicolegal Penggunaan Kadaver Manusia Untuk Bedah Anatomi Medis dan Transplantasi Organ: Medicolegal Use of Human Cadavers for Medical Anatomical Surgery and Organ Transplantation Muhni, Afif; Basri, Muhammad; Kadir, Zul Khaidir
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 2
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i2.237

Abstract

This study examines the legal and ethical position in the use of human cadavers in Indonesia after anatomical cadaver surgery an organ transplantation, with a focus on the legal, ethical and regulatory aspects governing the use of cadavers for the purposes of medical education and research. In the context of health law, it is important to understand how regulations in Indonesia ensure the use of cadavers in accordance with applicable legal and ethical norms. This research is a normative-empirical study and uses a qualitative approach with document analysis methods, including laws, government regulations, comparation regulation and related literature. The results of this study obtained a conclusion on the need for regulation regarding the maximum limit on the use of human cadavers so that human rights, ethics and values that live in society and also religious values do not conflict with the objectives in the development of science in the field of health, as well as the need for renewal of data collection and government participation in this case the Ministry of Health to record every ownership of human cadavers with the aim of minimizing the illegal trade and transplantation human organs.
Reformulation of Criminal Policy on Sharia Economic Crimes: Integrating Maqāsid Principle into Contemporary Islamic Criminal Law Kadir, Zul Khaidir; Zulfikar, Muhammad Reza; Muhni, Afif; Mochammad, Fadhil Hayan
CURRENT ADVANCED RESEARCH ON SHARIA FINANCE AND ECONOMIC WORLDWIDE Vol. 5 No. 1 (2025): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/cashflow.v5i1.2119

Abstract

This article examined the reformulation of criminal policy for sharia economic crimes through the perspective of maqāṣid al-sharīʿah, with particular attention to the protection of wealth (ḥifẓ al-māl) as a foundational objective of Islamic law. The study aimed to address the persistent gap between the ethical–normative commitments of Islamic finance and the predominantly positivist criminal justice frameworks applied to economic misconduct in sharia-compliant sectors. A qualitative normative legal method was employed with a critical examination of contemporary statutory regulations. The analysis focused on how criminal liability, sanctions, and procedural mechanisms are currently constructed and the extent to which they align with maqāṣid-based objectives. The findings demonstrated that existing criminal policies tend to treat sharia economic violations as generic financial offenses, thereby failing to account for their distinctive moral, social, and distributive harms. This misalignment weakens deterrence, obscures institutional responsibility, and undermines public trust in sharia economic institutions. The study proposed a maqāṣid-oriented criminal policy framework that redefines economic offenses under the Ta‘zīr paradigm, incorporates corporate criminal liability, and integrates preventive, corrective, and restorative dimensions into enforcement mechanisms. Such a framework strengthens normative coherence between Islamic legal principles and modern criminal justice systems while enhancing the integrity and sustainability of the sharia economy.
The Dialectics of Judicial Pardon as a Safety Valve in the Offense of Murder: A Substantive Justice Analysis under Law Number 1 of 2023 Ramadinah, Tarisha Ersya; Rivanie, Syarif Saddam; Karim, Muhammad Said; Muhni, Afif
SIGn Journal of Social Science Vol 6 No 2: Desember 2025 - Mei 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjss.v6i2.569

Abstract

The fundamental transformation of national criminal law through the promulgation of the New Penal Code promotes a paradigm of substantive justice that triggers a normative dialectic regarding the existence of the formal legality principle of colonial legacy. This study aims to critically analyze the position of judicial pardon as an exceptional veiligheidsklep instrument to accommodate legal facts in specific murder offenses, while simultaneously assessing its effectiveness in maintaining the balance between legal certainty and human rights protection. The research method employed is normative legal research with statute, conceptual, and comparative approaches analyzed qualitatively using deductive logic and the legal dialectic method. The results indicate that the limitative restrictions of judicial pardon in Article 70 section (2) of the New Penal Code clash diametrically with the mandate of Article 53 section (2) of the Law, which obligates judges to prioritize substantive justice over formal legal certainty. These findings affirm that judicial pardon functions as a final filter post-operationalization of the primary filter, in the form of conventional grounds for excluding punishment, such as weer-exces and overmacht. Through the analysis of Decision Number 4/Pid.B/2024/PN Jnp, it is proven that exceptional judicial pardon in murder offenses with a low degree of culpability constitutes a judicial necessity to realize the objectives of restorative justice and the decolonization of national criminal law. The conclusion of this study emphasizes that judicial pardon is an instrument for salvaging human dignity and requires the support of accountable sentencing guidelines. Therefore, the Supreme Court is advised to immediately establish a Regulation regulating qualitative parameters for the application of pardon in grave offenses to avoid sentencing disparities and ensure the moral legitimacy of the law in the future Indonesian criminal justice system.
Co-Authors H., Nurisnah Hijrah Adhyanti Mirzana Iskandar, Ismail Karim, Muhammad Said Mochammad, Fadhil Hayan Muhammad Basri Muin, Audyna Mayasari Muthia, Nuriyah Fara Ramadinah, Tarisha Ersya Syarif Saddam Rivanie Zul Khaidir Kadir Zulfikar, Muhammad Reza