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Restorative Justice dalam Putusan Hakim Nomor: 31/Pid.Sus/2018/PN.Lbto Atas Kasus Persetubuhan terhadap Anak Mahmud, Yohan; Akili, Rustam H. S.; Kadir, Yusrianto; Moonti, Roy Marthen
SIGn Jurnal Hukum Vol 1 No 1: April - September 2019
Publisher : CV. Social Politic Genius (SIGn)

Penelitian ini bertujuan untuk mengetahui Penerapan Keadilan Restoratif (Restorative Justice) Dalam Kasus Persetubuhan Terhadap Anak (Putusan Nomor : 31/Pid.Sus/2018/PN.Lbto dan Hambatan-Hambatan Penerapan Retorative Justice Dalam Perkara Nomor 31/Pid.Sus/2018/PN Lbto. Jenis penelitian yang digunakan dalam kajian ini adalah metode penelitian normatif empiris merupakan penggabungan antara pendekatan hukum normatif dengan adanya penambahan berbagai unsur empiris. Hasil penelitian menunjukan bahwa konsep keadilan restorative justice sudah seharusnya dapat diterapkan dalam putusan hakim Nomor : 31/Pid.Sus/2018/PN.Lbto karena terdakwa dalam hal ini mau untuk bertanggung jawab untuk menikahi korban dan korbanpun dalam hal ini tidak dirugikan. Kemudian dari sisi hambatan yang dialami yaitu hambatan dari segi social dan hambatan dari segi politik hokum pidana di Indonesia.

Code of Ethics and the Role of Advocates in Providing Legal Aid to the Poor Nuna, Muten; Kodai, Dince Aisa; Moonti, Roy Marthen
Indonesian Journal of Advocacy and Legal Services Vol 1 No 2 (2020): Legal Services and Advocacy in the Industrial Revolution 4.0 Era
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v1i2.35986

Law No. 18 of 2003 concerning Advocates emphasizes the status of Advocates as one of the law enforcers who have roles and functions that are equal to the Police, Prosecutor's Office and Judicial Power as law enforcement officers, but there is specialness given by the law to lawyers, namely the independence of advocates in carrying out their duties and profession. The independence of advocates aims to support the implementation of a justice system that is free from power and political intervention in law enforcement, and with that independence the Advocate Profession is said to be a very noble profession (offiicium nobile). As a noble profession, of course, advocates are bound by ethical values Ã¢â‚¬â€¹Ã¢â‚¬â€¹that become the guidelines in the implementation of their duties and authorities, where those values Ã¢â‚¬â€¹Ã¢â‚¬â€¹are posited as a Professional Code of Ethics. Talking about advocates, of course it cannot be separated from law enforcement, talking about law certainly cannot be separated from the state system or the political colors of certain countries and so on. This article wants to explain how the code of ethics of the advocate profession in upholding the law is how the role of advocates in providing justice to society based on applicable law. In conclusion, this article wants to explain that the code of ethics can compensate for the negative aspects of the profession and with the existence of a code of ethics, community trust in a profession can be strengthened, because every client has the assurance that his interests will be guaranteed, and the implementation of legal aid must be in line with the breath that becomes the goal is protection human rights and ideals of justice.

The Settlement of Abuse of Authority by Government Officials Puhi, Oyaldi; Akili, Rustam Hs; Moonti, Roy Marthen
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.

The Impact of Money Politics on Democracy Moonti, Roy Marthen; bunga, Marten
Law Research Review Quarterly Vol 4 No 4 (2018): L. Research Rev. Q. (November 2018) "Law and Democracy in General Election: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i03.26978

Money politic, being recognized or not, is a very frightening scourge for democratic process in Indonesia. Politic and money are two different things but cannot be separated each other. It is because by doing politic, people need money, and with money, people can do the politic. The politic, basically, is a very tantalize arena to do various transactions which is well-known as money politic. The money politic is not a new thing for democratic system in Indonesia. From the very first time direct election is carried out, the money politic practices have been done, thus, we must be aware to those practices. We must not involve in money politic practices, because it is clearly harm the democratic process of this nation. Besides, the money politic not only underestimates the electors and the politicians, but also the democratic institution of this nation. Therefore, it causes some continuously conflicts which basically damages the national stability. The conflicts caused by money politic are unstable politic climate and situation, reducing the opportunity for the qualified district heads, influencing the peopleÃ¢â‚¬â„¢s politic participation in both district head and general elections and harming the democratic as well as people.

HAKIKAT OTONOMI DAERAH DALAM SISTEM KETATANEGARAAN DI INDONESIA Moonti, Roy Marthen
Al-Ishlah: Jurnal Ilmiah Hukum Vol 20 No 2: November 2017
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

The essence of regional autonomy in the state system in Indonesia is the authority given to local governments to regulate and manage their own affairs and interests of the community in accordance with the legislation in force. Abstrak Inti dari otonomi daerah dalam sistem negara di Indonesia adalah kewenangan yang diberikan kepada pemerintah daerah untuk mengatur dan mengelola urusan dan kepentingan masyarakat mereka sendiri sesuai dengan peraturan perundang-undangan yang berlaku. Kata kunci: Otonomi dan Sistem Pemerintahan di Indonesia

The Authority of Government Officials in Delegating and Mandating Tumuhulawa, Arifin; Moonti, Roy Marthen
Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i1.38778

Power sharing vertically in a unitary state has its consequence for the existence of the environment of both central and local governments. By the existence, another consequence appears which is the relationship between central government and local government in order to avoid the overlap of the authority implementation. One of the crucial aspects in democratic state of law (democratischerechtsstaat) is legality principle (legaliteitsbeginsel). It means that each legal action of the government should be based on the applicable laws and regulations or the authority given by the applicable regulations. The problem statements and the aims of this research are to find out the authority of the Government Officials in running the government affairs and to investigate the meaning of delegating and mandating conducted by the government officials. Authority is the formal power owned by administration boards and/or officials or other state administrators to act in public law report including some competences. The basic principles of authority are first, the administration officials act and make decision based on their authority; second, the authority to use should be accounted for and tested by both legal norm and legal principle. Delegation is defined as delegating authority from the higher board and/or government officials to the subordinates in which the responsibility and liability is switched completely to the delegates. Mandate does not contain the transfer of authority. It is only the mandator gives his/her authority to another person (mandatary) to make decision or take actions on his/her behalf.

Code of Ethics and the Role of Advocates in Providing Legal Aid to the Poor Nuna, Muten; Kodai, Dince Aisa; Moonti, Roy Marthen
Indonesian Journal of Advocacy and Legal Services Vol 1 No 2 (2020): Legal Services and Advocacy in the Industrial Revolution 4.0 Era
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v1i2.35986

Law No. 18 of 2003 concerning Advocates emphasizes the status of Advocates as one of the law enforcers who have roles and functions that are equal to the Police, Prosecutor's Office and Judicial Power as law enforcement officers, but there is specialness given by the law to lawyers, namely the independence of advocates in carrying out their duties and profession. The independence of advocates aims to support the implementation of a justice system that is free from power and political intervention in law enforcement, and with that independence the Advocate Profession is said to be a very noble profession (offiicium nobile). As a noble profession, of course, advocates are bound by ethical values â€‹â€‹that become the guidelines in the implementation of their duties and authorities, where those values â€‹â€‹are posited as a Professional Code of Ethics. Talking about advocates, of course it cannot be separated from law enforcement, talking about law certainly cannot be separated from the state system or the political colors of certain countries and so on. This article wants to explain how the code of ethics of the advocate profession in upholding the law is how the role of advocates in providing justice to society based on applicable law. In conclusion, this article wants to explain that the code of ethics can compensate for the negative aspects of the profession and with the existence of a code of ethics, community trust in a profession can be strengthened, because every client has the assurance that his interests will be guaranteed, and the implementation of legal aid must be in line with the breath that becomes the goal is protection human rights and ideals of justice.

The Settlement of Abuse of Authority by Government Officials Puhi, Oyaldi; Akili, Rustam Hs; Moonti, Roy Marthen
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v2i1.37323

This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.

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