Jurnal Hukum dan Peradilan
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THE COMPARISON OF EVIDENCE IN STATE ADMINISTRATIVE COURT BETWEEN INDONESIA AND SOUTH KOREA
No full textThe judiciary under the supreme court consists of general courts, religious courts, military courts, and state administrative courts. In each procedural law court, the provisions concerning evidence are regulated. Evidence is the stage where the parties try to convince the panel of judges about the truth of the arguments put forward in a dispute based on valid evidence. Evidence has an important role because the results of evidence can be the basis for consideration by the panel of judges in making a decision. Evidence in the procedural law of the state administrative court is not only carried out in the Indonesian state administrative court but also in the South Korean Administrative Court. The historical development and organizational structure of the South Korean Administrative Court are the basis for analyzing the Evidence in the South Korean Administrative Court. Lessons from the South Korean Administrative Court can see the similarities and differences in the concept of evidence and type of evidence used in the South Korean Administrative Court with the Indonesian State Administrative Court. The approach used in this study is the statutory approach, comparative approach, and conceptual approach
AN OVERVIEW OF STRICT LIABILITY OFFENCES AND CIVIL PENALTIES IN THE UK’S ENVIRONMENTAL LAW
Get PDFThe UK has incorporated the strict liability principle in dealing with the environmental offence in its legislations. However, the principle application has some detrimental impacts. This article aims to discuss strict liability crimes in the UK’s environmental legislations and civil penalties in the UK, the detrimental effects of applying its principle and the reasons for supplementing criminal penalties for environmental offences with civil penalties. This will be done through the adoption of a doctrinal legal research method. The incorporation of strict liability principle in the UK’s legislations can be found in the Environmental Protection Act 1990, the Water Resources Act 1991, Part 2A of the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No. 675). The detrimental effects of the principle application are the ignorance of mens rea element, unfair trial, ineffective environmental damage prevention, and contradictory to release right. The reasons for applying civil penalties of criminal law violation in regard with violating environmental law are this punishment is possible to be imposed on companies, it strengthens another kind of non-criminal sentence sanction, it is a peaceful solution, a polluter may manage by himself to repair the damage, it has no stigma on the polluter and it has wider law enforcement form. There is a dearth of literature looking at the latest UK’s legislation incorporating strict liability principle application. This article will fill this literature gap.Â
ADVOCACY ROLE MODEL NON-GOVERNMENT ORGANIZATION HANDLING STREET CHILDREN DEALING WITH LAW IN INDONESIA
Get PDFStreet children choose life on the road caused by lack of economic factors, family factors that are not harmonious always fight, children feel stressed so that they have a way to live, and their activities on the streets such as busking, begging, and many other activities. The main objective is to describe advocacy role model non-government organization handling street children dealing with law in Indonesia. The research method used is normative juridical with a descriptive-analytic approach and literature study equipped with primary and secondary data sources. Data collection used observation and analysis of documents. Data analysis uses qualitative analysis methods. This study\u27s results indicate that street children in Indonesia have a variety of character problems, primarily economic, family, social, and legal issues. Therefore, the role of community and government institutions is needed to provide complete protection to realize human rights. The role of NGOs in advocating for street children in dealing with the law maximized. The productivity of legal aid institutions has resulted in various forms of legal assistance to street children involved in criminal acts; besides, aid is also in developing interests and talents of street children. The condition is that government assistance is needed to provide a particular budget for NGOs so that the process of advocating for street children carried out correctly. An evaluation of the role of NGOs in advocating for street children requires an in-depth study of other aspects
ANALYSIS OF ELEMENT ‘UNLAWFUL’ OF CORRUPTION IN THE BANKING SECTOR (STUDY OF THE SUPREME COURT DECISION NUMBER 1812 K / PID.SUS / 2014)
Get PDFThe banking sector as one of the drivers of the national economy plays an important role in funding a business through bank credit distributing activities. In practice, this banking service raises legal problems, not only banking crimes but also corruption. Supreme Court Decision No. 1812 K / PID.SUS / 2014 on behalf of the Defendant Dian Siswanto, S.E. MM., in the case of a corruption shows this. This paper examines the element of unlawful and abuse of authority in cases of corruption in the banking sector. The research method used is normative law which is prescriptive with a statute approach, a conceptual approach, and a case approach. The results show 2 (two) things, first, that the defendant\u27s actions met the unlawful element in the act of corruption as charged in the primary indictment. Second, the judge had wrongly in the application of law based on the subsidiary indictment concerning abuse of authority which was not fulfilled. The judge in this case, was not punctilious in digging up legal facts and was not correct in applying the law. Therefore, in the case of deciding a case, if the charges are of subsidiarity, the judge should prove the primary indictment carefully before deciding based on the subsidiary indictment to create justice, benefit and legal certainty in law enforcement in general, and especially for the accused
THE PROTECTION OF RELIGIOUS FREEDOM OF SUNDA WIWITAN BELIEVERS
Get PDFSunda Wiwitan as a religion had existed prior to the other, more well known religions in Indonesia, but is currently isn’t recognized as an official religion by Act No.1/PNPS/1965. The state, as opposed to guaranteeing the freedom of belief and its practice, instead imposes restrictions on religion in this particular case, leaving the believers of Sunda Wiwitan feeling abandoned and as outcasts. As a result, many violations and discriminations are experienced by adherents of Sunda Wiwitan. One example of such discrimination is the “whiting-out†of the “religion†column in ID Cards. The result of this discrimination is difficulty in accessing civil documents, in addition to verbal violence from certain parts of the society who assume the Sunda Wiwitan belief as heretic
THE PROBLEMS OF COURT SERVICES TYPES AND TARIFF BASED ON GOVERNMENT REGULATION NUMBER 53 OF 2008
Get PDFThe administration of judiciary is a form of state obligation as the fulfillment of civil rights for citizens. Various efforts in improving the quality of court services is continue to be encouraged through a modern judiciary with the development of information system technology, a necessity in the era of globalization. In addition, there is a paradigm shift in public services from traditional model to modern, efficient, effective and transparent public service. This was marked by changes in the form of services from manual performance models to information system automation and digitalization. The general practice of fulfilling public demands for government services continues to evolve rapidly following a series of measures (optimal), while the ability and capacity of service providers in meeting the demands of services of the developing community are slower follows the calculation series. As a result, there is a gap that requires continuous improvement through service innovation that requires sufficient funding. At present, the main government funding sources from the taxation sector are no longer able to cover all state expenditures. The trend of state income from the two sectors of state revenue, namely the tax and non-tax sectors in the last five years shows that the income from the tax sector continues to increase, while the Non-Tax State Revenue (PNBP) sector is relatively declining. Moreover, the provision of public services is endeavored to be free of charge. In judicial services, optimization of PNBP is based on the principle of administering justice (simple, fast and low cost) which has been regulated through Government Regulation Number 53 of 2008. The instructions for implementing government regulations have not been able to fully accommodate the activities and activities of case services, resulting in internal policies letter of the Secretary of the Republic of Indonesia No.268/SEK/01/V/2010 Regarding Time Remaining Cases and Case Fee Giro Services. Thus, it will be examined whether the demand deposit services and the remaining down-payment cases are the performance of the judiciary and whether it is possible for the Ministries/Institutions to self-determine through internal policies on the types of charges and non-PNBP tariffs set by PP No. 53 of 2008
“BYSTANDER EFFECT†IN CASES OF CORRUPTION IN CORPORATE, BUREAUCRATIC AND POLITICAL ORDERS
No full textE-KTP Corruption is an organized crime that occurs in Indonesia. The corruption that has been established is to form an organized network due to the phenomenon "baystander effect" where it is a phenomenon of social psychology due to the loss of a sense of virginity to act to do something on an incident that Characterized by the interdependent nature of each other which eventually nothing moves one. This research aims to prove the existence of a matter of silence because it is triggered by personal interests or "self-interest" of the persons involved until difficult to control by the State apparatus. This method of research refers to the reference of legislation, information submitted by the media, statements from politicians and bureaucracy officials, court decisions and also reference books. The results of the study showed that the corruption that ensnares the bureaucracy officials and the politicians in fact has also dragged corporations. Participating in the case of the persons in corruption cases of intertwining creates a crime that is organized in such a way to harm the country and cause millions of people to be injured in the sleep. When they feel benefited over this corruption case then they choose silence, this is the phenomenon called "baystander effect" thus complicating the investigation in dismantling this corruption case
CHARGING DIRECTOR OF COMPANY WITH PERSONAL BANKRUPTCY FOR COMPANY MISMANAGEMENT
Get PDFThis study aims to examine the theories, regulations, and practices at the commercial court in Indonesia regarding the possibility of charging director of limited liability companies (LLC, Perseroan Terbatas(PT)) with personal bankruptcy as a form of personal liability due to mismanagement causing the company to go bankrupt. This is an interesting issue to study because, in general, the rights and obligations of the company, and specifically LLC in this article, are separated from the rights and obligations of the directors. Therefore, the company’s liability cannot be requested upon its directors’ personal liability. Nonetheless, this general principle is revocable if the director makes an error which causes the company to go bankrupt. This study uses the normative (doctrinal) legal research method with statute approach, conceptual approach, and cases approach. The study results revealed that directors could be asked for personal liability if they create problems which lead to a company going bankrupt. The director\u27s liability comes in the form of the obligation to file bankruptcy for the director him/herself. In this study, several cases were found that punished the director with the director\u27s personal bankruptcy, like in the case of personal bankruptcy of director  PT QSAR and  in the case personal bankruptcy of director of PT CHK
THE QUO VADIS OF BANCKRUPTY SETTLEMENT AND PKPU LAWS ON SHARIA BANKING
Get PDFNormatively, based on the decision of the Constitutional Court No. 93/PUU/X/2012 the settlement of Islamic economic disputes becomes the absolute competence of the Religious Courts. However, at the empirical level, there are still sharia economic disputes which are still decided by the Commercial Court (general), namely bankruptcy cases and PKPU on the sharia bank. This paper focuses on three things, first, what causes these cases to remain under the authority of the Commercial Court, secondly, what are the legal consequences if the case is resolved through the Commercial Court and how the legal arguments about the competence of the Religious Courts in bankruptcy cases and PKPU on sharia bank. This research method is normative law by examining a set of legal materials related to bankruptcy and PKPU. The analysis used is synchronization of the norms of Law No. 37 of 2008 and PERMA No. 2 of 2008. The results of the study found that the cause of the case is still handled by the Commercial Court because of a conflict of norms between the Bankruptcy Act and PERMA regarding KHES which still has not been finalized, the conditions legal vacuum regarding bankruptcy based on the sharia contract and the existence of the KMA letter regarding the instruction for the implementation of book II. Legal consequences if the case is dealt with by the Pengadian Niaga there will be coercion on the substance of sharia economic law into conventional economic law, not in sync between the settlement of the dispute with the contract and the concept of solving the case prioritizing business principles and business competition rather than substantive justice. Based on the theory of authority and the principle of the lex specialist, it was found the conclusion that bankruptcy cases and PKPU based on the absolute sharia contract became the absolute competence of the Religious Courts
EXONERATION CLAUSE ON LAW OF CONSUMER PROTECTION: EFFECTS AND LEGAL EFFORTS
Get PDFLegal disputes between entrepreneurs and consumers are currently caused by several things, one of which is the inclusion of an exoneration clause. The inclusion of the clause has clearly contradicted Law Number 9 of 1999 concerning Consumer Protection and has detrimental to the rights held by the Consumer. In addition, in terms of the Agreement Law, the entreprenurs that includes the exoneration clause clearly does not heed the principle of good intentions by utilizing the weak position of the consumer. The violation of the rights held by consumers, consumers can claim compensation and sue the entrepreneurs through various legal remedies. given by law. In this study also will discuss the legal consequences and legal efforts that can be submitted by the Consumer for the application of the Exoneration Clause in an agreement. The research method that will be used in this research is normative juridical, namely the approach using various data sources such as articles of legislation, various legal theories, and scientific works of scholars. The data used in this study comes from secondary data and tertiary data collected in accordance with the object written. After that, all legal materials that have been collected are inventoried and identified according to the problems that have been formulated. The conclusion of this study is to provide a legal understanding to consumers who are disadvantaged by the inclusion of an exoneration clause and provide advice in the form of legal remedies that can be taken