Jurnal Hukum dan Peradilan
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Implications of The Revision of The Wantimpres Laws on The Government System in Indonesia
Full text linkThe revision of Law Number 19 of 2006 concerning Wantimpres is one example of a legal product that was born during the lame-duck session and enacted through fast-track legislation. The amendment article contained in the laws a quo raises legal debates and affects the system of government in Indonesia. The main problem discussed in this study is the position of the Presidential Advisory Council following the revision of the Presidential Advisory Laws within the Indonesian government system. Moreover, how effective is the position in comparison with the Indonesian Presidential Advisory Institute and the French Conseil d\u27Etat? The research method is normative legal research, using both a regulatory and a comparative approach. The results of this study are as follows: (1) The Article on the amendment of the law a quo raises various polemics in the Indonesian government system, especially changes in the position and membership structure of the Wantimpres. (2) Between the Advisory Council of the President of Indonesia and the Conseil d\u27Etat of France, in terms of position and membership structure, the Conseil d\u27Etat is much more effective in fulfilling its responsibilities as a council of state. These figures are based on the position and structure of the Conseil d\u27Etat. As a suggestion in this study, the amendment of the Presidential Advisory Law should refer to its effectiveness as an advisory institution to the president
Meaningful Work Protects Judges with Occupational Stress, Secondary Traumatic Stress, and Burnout: (A Study of Indonesian Judges of The Supreme Court of the Republic of Indonesia)
Full text linkStudies have shown that daily job demands encountered by judges\u27 might result in stress. Continuous stress can affect judges personal lives and job performance. However, several judges experience stress differently due to many factors affecting stress levels. Previous research suggested that meaningful work might mitigate the adverse impacts of the negative effects of stress. This study investigated occupational stress, secondary traumatic stress, and burnout among Indonesian judges and their relationship to meaningful work. This research involved a convenience sample of 2,839 judges in Indonesia. The findings revealed a significant negative correlation between occupational stress, secondary traumatic stress, burnout, and meaningful work, with burnout being identified as the most potent negative predictor. This study also found that judges had moderately low levels of occupational stress, low levels of secondary traumatic stress, low levels of burnout, and high levels of meaningful work. Based on these findings, it is recommended that institutions implement psychological support systems to enhance judges’ sense of meaningful work, thereby minimizing the detrimental effects of occupational stress
Revisiting The Interpretation of The Indonesian Criminal Procedure Code: Legal Basis for Witnessteleconferencing
Full text linkRemote witness examination through teleconference media has been used for several criminal cases in Indonesia. However, it was assumed that its legal standing based on Criminal Procedure Code (KUHAP) remains unclear and insufficient. Therefore, many legal scholars and practitioners look beyond the existing laws. This paper argues that the existing law can support the legal basis and implementation of witness teleconferencing in criminal cases without necessarily requiring new legislation. This normative juridical study collects and analyzes legal materials data from several laws and jurisprudences in Indonesia relating witness examination. The result shows that criminal witness examination through teleconference media is valid and enforceable under KUHAP by employing broad interpretation of Article 160 KUHAP. Nevertheless, for greater result on seeking the material truth, it is necessary to regulate the application of witness teleconferencing to ensure witness statements can be delivered smoothly and independently. This finding revitalizes the legal basis concept for remote examination in criminal proceedings. It may facilitate consideration by authorities and legislators in developing laws related to the Criminal Procedure Code
The Potential Disparity in Judicial Pardon Decisions: Formulation Issues in The National Criminal Code
Full text linkThis scientific article discusses the problems and ideal formulation of judicial forgiveness in the future in Article 54, Paragraph (2) of Law Number 1 of 2023 on the Criminal Code. This article regulates judicial forgiveness but does not explain the requirements, resulting in different interpretations and decision disparities. This research is normative research with a descriptive research nature. The legislative and comparative approaches are used. This study found that the formulation of judicial forgiveness has problems such as abstract norms, alternative requirements, and difficulties when the victim does not forgive the defendant. The ideal formulation of judicial forgiveness is to determine the maximum criminal sanctions and cumulative requirements. The requirement for the lightness of the act can be interpreted as a maximum fine of Category II (IDR 10,000,000.00) and is related to minor crimes in the Criminal Procedure Code. The requirement for the offender’s personal circumstances is linked to Article 22 of the National Criminal Code, and the requirement for the circumstances at the time the crime was committed is linked to the sentencing guidelines in Article 54 paragraph (1) of the National Criminal Code letters b, d, e, f, and j
Effectiveness of Dispute Resolution in Religious Courts Through Mediation by Non-Judge Mediators Within Banten
Full text linkMediation is a method of resolving disputes through a negotiation process with the assistance of either a judge or a non-judge mediator. The Supreme Court of Indonesia set a nationwide aim of 25% for settling disputes by mediation in 2023. However, the actual implementation in the jurisdiction of the Banten Religious High Court is only around 20,7% of the defined target, below the national success rate for religious courts, which has reached 39.85%. One of the main factors is the over-reliance on non-judge mediators and the mediator\u27s ability to lead the mediation. Thus, mediation management must be improved, and the capacity of mediators, particularly non-judges, must be increased. This study seeks to discuss the effectiveness of dispute resolution by non-judge mediators and how to maximize the level of success in settling disputes by non-judge mediators. This article is a descriptive qualitative study using normative juridical and empirical approaches. According to the findings of this study, the mediation process in religious court institutions, particularly in the jurisdiction of the Banten Religious High Court, has not been effective because most of the process is directed by non-judge mediators who are less qualified than judge mediators. To increase the success rate of the mediation implementation process, the court must take the following steps: Rewarding non-judge mediators, organizing coaching and training programs for non-judge mediators, determining national mediation settlement targets by involving non-judge mediators, implementing hybrid mediation (between judge mediators and non-judge mediators); and conducting regular evaluations of a non-judge mediator
Supreme Court\u27s Legal Advice: Limits, Procedures, and Need for Change
No full textThe Supreme Court offers legal advice to state organs and government agencies. Nonetheless, there are no regulations governing the execution of Supreme Court Legal Advice. This paper analyses the limitations and procedures of Supreme Court legal advice. This is a normative legal analysis grounded in conceptual and statutory law. This study utilized legal texts, doctrinal sources, and scientific material. This study employs Miles and Huberman\u27s data analysis methodology. This study demonstrates that Article 37 of the 1985 Supreme Court Law and Article 22 paragraph (1) of the 2009 Judicial Power Law are contradictory. The dispute pertains to the petitioner seeking Supreme Court Legal Advice. The Supreme Court\u27s Legal Advice is only extended to state organs and government agencies. The Supreme Court lacks the authority to offer legal advice to local governments, community organizations, and non-governmental organizations. The Chief Justice of the Supreme Court offers legal advice to state organs, while the Chairman of the Supreme Court Chamber provides legal advice to government agencies. Both legal advice continues to be designated as Supreme Court Legal Advice
Legal Analysis of Family-Owned Companies in Indonesia: Insights from Court Decisions
Full text linkFamily-owned companies have a significant role in enhancing national competitiveness. However, conflicts that lead to court disputes threaten the sustainability of family-owned companies. It has happened because some decisions still need to provide legal certainty. This research analyzes the legal aspect of family-owned companies in Indonesia, as reflected in several court decisions in Indonesia. The research method employs a qualitative case study approach. The research findings identify the existence of family-owned companies in court decisions; however, there are some difficulties, such as in determining the legal standing of disputing parties, potentially detrimental provisional decisions, and complexities in understanding corporate law, especially regarding General Meetings of Shareholders (GMS), dividends, and inter-organizational relationships as well as internal family disputes. The findings highlight the need for courts to consider the unique characteristics of family-owned companies, which could improve the consistency of court decisions, enhance legal certainty in the business sector, and promote sustainable economic activities
Review Apartment by Consumer on Social Media vs Criminal Charges by Developer: Between Consumer Complaint and Defamation
Full text linkDespite legal safeguards for freedom of expression and the right to be heard, consumers frequently encounter legal obstacles, particularly in cases where businesses initiate defamation claims. This issue is exemplified by the cases of Deedi Tjhandra, Muhadkly AT, and Desvalia, wherein consumers, after receiving no response to their complaints from developers, took to social media to post reviews of the apartment they had purchased. In these cases, it was found that the developers had breached contractual obligations, as the apartments and their associated amenities did not conform to the standards advertised in promotional materials. This study aims to analyze the rights of consumers to post video reviews of goods and/or services on social media, especially when such reviews result in defamation lawsuits and subsequent convictions. The court\u27s ruling, in this case, found Deedi Tjhandra guilty of defamation despite the defamation statute in question having been repealed and replaced by more recent legislation. The updated legislation specifies that legal entities are barred from pursuing defamation claims. Additionally, the court did not consider the regulations established by the Joint Decree and CC rulings. The research employs a normative juridical methodology incorporating legislative and conceptual analyses. The novelty of this study lies in its exploration of the public interest concept within criminal and civil law as it pertains to defamation statutes being met through social media, particularly when these reviews serve the public interest. Additionally, the study assesses the adherence of law enforcement agencies to established regulations concerning defamation
The Position of the Police Code of Ethics Commission in The Judicial Power System in Indonesia
Full text linkThe Police Code of Ethics Commission has the authority to advocate violations of the Police Code of Ethics. The presence of the National Police Code of Ethics Commission gave rise to serious conceptual debates. As a rule of law with an independent judicial power as its main element, theoretically, judicial power can only be owned by state institutions that are constitutionally recognized in the 1945 Constitution, namely the Supreme Court and the Constitutional Court, but in its development, the function of Judicial power is not only exercised by the courts. This study aims to determine the position of the Polri Code of Ethics Commission and the relationship between the Polri Code of Ethics Commission and the judicial power system in Indonesia. The method used is normative research, with a conceptual approach and laws and regulations. The results of the study found that the position of the Polri Code of Ethics Commission in the judicial power system has been accommodated in the Judicial Power Law, and the relationship that is built between the Code of Ethics Commission and the Supreme Court is a functional relationship
Urgency of Performance Tiering for Indonesia\u27s Supreme Court: A Constitutional Law Perspective
Full text linkThe Supreme Court of Indonesia is pivotal as a representative of judicial power. However, evaluations and reports indicate suboptimal performance outcomes, necessitating the implementation of a structured performance tiering framework. This research employs an empirical juridical approach involving surveys, court visits, and focus group discussions, supplemented by a literature review. The study highlights the Supreme Court\u27s need to operationalize its vision of "Realizing Indonesia\u27s Supreme Judicial Body" through clear, measurable performance indicators. Adopting Logical Models, Logical Frameworks, and Critical Success Factors can streamline accountability, enhance judicial efficiency, and ensure alignment across organizational tiers. This paper outlines the steps and benefits of performance tiering in improving Indonesia\u27s judicial system. Performance tiering will become a thinking summary of institutions\u27 functions, use of authority, performance and organization achievements, organization direction, and even paradigm of every process in the Supreme Court and judicial entities under them. The performance tiering of the Supreme Court should ideally adopt the Logical Model, Logical Framework, and Critical Success Factors