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Pertanggungjawaban Oknum Polisi yang Melakukan Penganiayaan Terhadap Tersangka dalam Proses Penyidikan (Studi Kasus Putusan Nomor 7/PID/2016/PT BBL) Mufti, Muhammad Wildan
Jurnal Hukum Statuta Vol 2 No 2 (2023): Volume 2, Nomor 2, April 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i2.9048

This study analyzes the accountability of police officers who commit acts of violence against suspects during the investigation process, with a case study based on decision number 7/PID/2016/PT BBL. This case involves four officers from the Narcotics Unit of the Bangka Police Resort who inflicted violence on a drug suspect, resulting in the suspect's death. Such actions violate human rights and damage the reputation of the police. The study aims to analyze the legal protection available to suspects who are victims of police violence and to identify the enforcement of law against police officers involved in violence during investigations. A normative legal method is employed using both statute and conceptual approaches. The findings indicate that although there are regulations protecting suspects' rights, police violence still occurs, and the enforcement of law against perpetrators of violence is often inconsistent. There is a need for enhanced human rights training for police officers, strengthened oversight mechanisms, and active community participation in reporting violence. These measures are expected to improve the integrity and public trust in law enforcement in Indonesia.

Pertanggungjawaban Pidana Pelaku Tindak Pidana Kerusuhan di Stadion Kanjuruhan Mufti, Muhammad Wildan
Jurnal Hukum Statuta Vol 2 No 3 (2023): Volume 2, Nomor 3, Agustus 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i3.9093

As social beings, humans require interaction and cooperation with others to live their lives. Conflicts arising from differing interests necessitate law as a guide for behavior and protection of individual rights within society. This research employs a normative legal research method with a normative juridical approach to explain the legal phenomena related to Law No. 11 of 2022 on Sports. A qualitative method is used, focusing on document and literature studies to explore the fundamental concepts underlying human behavior patterns in the legal context. The criminal responsibility of perpetrators of criminal acts at Kanjuruhan Stadium includes the improper use of tear gas, which caused many deaths and injuries, as well as human rights violations. This issue needs to be addressed through fair law enforcement and good coordination among all relevant parties. The Kanjuruhan tragedy raises serious questions about criminal liability for human rights violations and the use of tear gas in the stadium, emphasizing the need for punishment that is commensurate with the wrongdoing and the maintenance of human rights principles in every step of law enforcement.

Urgensi Pembentukan Undang-Undang Kemitraan Untuk Pengemudi Ojek Online Aryaputri, Aqila Shafiqa; Mufti, Muhammad Wildan; Siregar, Tiara Rebecca Kezia; Maulana, Muhammad Irfan
Jurnal Hukum Statuta Vol 2 No 3 (2023): Volume 2, Nomor 3, Agustus 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i3.9094

Technological advancements have transformed the transportation sector with the emergence of online motorcycle taxi services, such as PT Gojek, significantly impacting Indonesia's digital economy. However, the legal status of online motorcycle taxi drivers, deemed "partners," has sparked considerable debate regarding their rights and obligations. This study employs a normative juridical method to analyze relevant legislation and legal doctrines. The findings indicate that the current partnership arrangements fail to meet the principles of equitable and fair partnerships. Drivers often find themselves in disadvantaged positions, lacking social security and workers' rights. Consequently, the partnership relationship requires clearer regulations to protect drivers' rights. It is recommended that partnership agreements be revised to reflect the principles of mutualism and equality, and that the government should play a more active role in monitoring the implementation of regulations to ensure the welfare of online motorcycle taxi drivers.

Redesain Kewenangan Dewan Keamanan PBB dalam Statuta Roma sebagai Upaya Penguatan Independensi ICC Mufti, Muhammad Wildan
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17901269

This research examines how the powers of the United Nations Security Council influence the independence of the International Criminal Court and how redesigning these powers can strengthen the integrity of the ICC as an international criminal justice institution. The core problem of the study lies in the tension between the ICC’s universal legal mandate and the Security Council’s referral and deferral mechanisms, which are often shaped by the political interests of major powers. The objective of the research is to analyze the impact of Security Council authority on ICC independence and to formulate a redesign model that is more objective and accountable. The study employs a normative juridical approach by analyzing the Rome Statute, the UN Charter, academic literature, and international legal documents. The findings conclude that reforms to the referral mechanism, deferral authority, and the use of the veto are necessary for the ICC to operate more independently without political pressure at the global level.

Perlindungan UMKM dalam Arus Perdagangan Internasional: Evaluasi Kewajiban Fair Competition bagi Negara Berkembang Mufti, Muhammad Wildan
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17817244

This study analyzes how fair competition obligations within the WTO framework affect the position and protection of SMEs in developing countries. Although the WTO adopts the principle of non-discrimination to create equal competition, structural constraints faced by SMEs, such as limited capital, technology, and access to information, result in equality that is merely formal rather than substantive. International trade instruments such as the SCM Agreement, anti-dumping measures, non-tariff barriers, and the weak effectiveness of Special and Differential Treatment restrict the policy space of developing countries to protect their SMEs. This study also formulates a model for strengthening policies through affirmative approaches, including asymmetric competition law enforcement, subsidy reformulation, trade facilitation, and the integration of SMEs into global value chains and the digital economy. The findings demonstrate that comprehensive domestic and international regulatory reforms are necessary to ensure that fair competition truly creates substantive justice for SMEs.

Reformulasi Pertanggungjawaban Negara terhadap Kerusakan Lingkungan Lintas Batas dalam Perspektif Ekologi Hukum Mufti, Muhammad Wildan
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17817357

Transboundary environmental harm presents a serious challenge in international law because activities conducted by one state may cause significant ecological impacts on another. The current doctrine of state responsibility remains inadequate, primarily due to the dominance of state sovereignty, difficulties in proving causation, weak due diligence standards, and the absence of binding sanctions or ecological restoration mechanisms. This study analyzes these shortcomings and proposes a more ecologically responsive reformulation model through an ecocentric approach and ecological jurisprudence perspective. The proposed reform strengthens the principles of prevention, ecological restoration obligations, cross-border transparency, and more robust enforcement mechanisms. Thus, state responsibility becomes not only compensatory but also oriented toward ecosystem protection and intergenerational justice as the foundation for sustainable global environmental governance.

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