Jurnal Hukum dan Peradilan
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EKSISTENSI BANTUAN HUKUM TERHADAP PRAJURIT TNI SEBAGAI PELAKU TINDAK PIDANA DAN PRAKTIKNYA
Get PDFLegal assistance is an assistance given by an expertise in law area or legal advisors to those who have legal problems at every stage of investigation both outside and inside the court. The role of legal assistance for Indonesian National Armed Forces personnel is important. The Legislation covering legal assistance in the Indonesian National Armed Forces community throughout the history has prioritized internal legal assistance where the personnel itself does not have certification/ accreditation for it. The external is hard to get involve and have to obtain special permission from the Officers hand the case (Papera). Accelerating the Bill on Military Justice to revise the rules on providing legal assistance to Army personnel is priority. Furthermore, the necessary freedom to choose and establish legal assistance services of a professional advocate or by means POSBAKUM, especially cases which threatened the death penalty and additional penalty in the form of dismissal from military service.Keywords: military court, legal assistance, papera, posbaku
TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA MENURUT SISTEM PERADILAN PIDANA DALAM PERSPEKTIF RESTORATIVE JUSTICE
Get PDFThere are many domestic violence settlement that do not satisfy the sense of justice, especially for the victims and subordinate in the household. The dissertation results: first, the settlement of domestic violence in fact settled by Act No. 23 of 2004 as lex specialis. The setlements of domestic violence cases based on that rule, empirically emphasis on the criminal sanction, so that the purpose of preventive, protective and consolidative was not rise. Second, the research concluded that domestic violence is a case with multi-dimensional settlement because there is the scope of the civil and criminal sphere on the other side. Therefore, it needs a medium in the system that can accommodate the completion of the case, which one of them is restorative justice approach.Keywords: crime, domestic violence, criminal justice system, restorative justic
PRINSIP HAKIM AKTIF DALAM PERKARA PERDATA
Get PDFThe Justice must be firmly maintained. This demand can not be modified due to it was closely related to the rights enforcement. The common paradigm in civil code perception makes judges passively work in civil cases handling. It can be seen in Article 119 HIR when the general court chief judge give a support as advice and help related to the formality or the terms of the lawsuit for the strike to be acceptable and meets the requirements of formality lawsuit against the plaintiff or attorney. Moreover , Article 130 HIR/RBG Article 154, required that general court chief judge attempted to reconcile the two parties litigant. Furthermore, in Article 132 HIR/RBG Article 156, the Judge has an active role to inform both litigants and provide an explanation to the litigants of their rights to take legal actions and the right to submit evidence on the court.Keywords : active judges, civil cas
RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK
Get PDFChildren as the nation\u27s next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system, but a good system must be accompanied by an attitude which is imbued with the will to perceive and believe that this world is always getting better. In addition, should the principle of the best interest of the children always come first when dealing with children in conflict with the law.Keywords : restorative justice, diversion, criminal justice system, childre
ASAS PROPORSIONALITAS SEBAGAI LANDASAN PERTUKARAN HAK DAN KEWAJIBAN PARA PIHAK DALAM KONTRAK KOMERSIAL
Get PDFIn commercial contracts, the debates about \u27fairness and balance\u27 that led to the \u27injustice and imbalance\u27 position of the parties basically irrelevant to be disclosed. It is based on the consideration that the positions of the parties in commercial contracts is similar on the stage of the negotiation process (pre-contractual phase), the formation of the contract (contractual phase) and the execution of the contract (post-contractual phase). Meanwhile, the results of the exchange of the interests of the parties considered fair if it lasts proportionally. The proportionality of exchange of rights and obligations under commercial contracts do not demand results that are always balanced and same (equilibrium-mathematically), therefore the differences in the results are considered fair and reasonably acceptable if the exchange process of the rights and obligations stay proportional. Application of the principle of proportionality in the whole chain of contractual process is basically a manifestation of the doctrine of "fairness of contract" adopted and developed today.Keywords : the exchange of rights and obligations, the principle of proportionality,fairness doctrine in a contrac
PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI
Get PDFThe existence of corporation affects the state economy, the society where the corporation stands and the society where the business run. Not only the positive effect but also the negative effect. The corporation was build for some mission and the way it reaches the mission were different one another. It is possible that one or more corporation was build in some way that prohibited by law. For that reason, there is a corporation is involved in various criminal acts or as a means to commit the crimes. Therefore, special attention needs to arrange to snare corporations to take responsibility for an act involving a corporation or as a tool in a criminal offense.Keywords: criminal responsibility, corporation
BEBERAPA PENDEKATAN UNTUK MEMAHAMI HUKUM
Get PDFLaw in general is understood as regulations formed by authority to regulate community and its activities for the purpose of creating public order and justice. The law is enforced by legal apparatus by applying compliance and coercive measures. In addition, understanding on law can also be obtained by the use of several different approaches in viewing the law, such as from political, economic, social and cultural approaches. By so doing, understanding on law can be enriched and improved for the benefit of law enforcement and compliance.Keywords: Approaches, Understanding, La
PENERAPAN ASAS KELANGSUNGAN USAHA DALAM PENYELESAIAN PERKARA KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAAN UTANG (PKPU)
Get PDFThe sustainable business principles that is defined broadly and underlying the norm of bankruptcy law and the suspension payment of debt. Implementation of the principle of sustainable business is not limited to the texts that is legally regulated, but has a broader meaning which also include the whole process of bankruptcy judgement as well as payment suspension of the debt. This implementation of sustainable business principle in bankruptcy and debt payment suspension is to give positive impact in increasing the economic value of the company which will be used to pay the debt to the creditor.Keywords: Sustainable Business Principle, Bankruptcy, Suspension Payment of Deb
URGENSI PEMBUATAN UNDANG-UNDANG CONTEMPT OF COURT UNTUK MENEGAKKAN MARTABAT DAN WIBAWA PERADILAN
Get PDFIt’s time to draft the contempt of court bill to guarantee the dignity and soverignity of court institution and the law enforcement process, the supreme of court makes strong effort to improve the supervision of judge performance quality and administrative official judiciaryKeywords : Act Urgency, Contempt of Court, Court Dignit
HAKIM KOMISARIS (APRESIASI TERHADAP RKUHAP)
Get PDFInside RKUHAP contain new institution, that is commissioner judge, regarding the commissioner judge to be diversification opinion, that is to be must the commissioner judge as consequences ratification ICCPR convention. And then to be needn’t because of competence the commissioner judge to be done deep institution prior to judicature. Nevertheless when we see interest victims not yet including with fine on the KUHAP and the KUHP, writer to see inside RKUHAP necessary to be need interest victims and interest community take place criminal act. After inspect criminal procedure law inside Islam and adat recht, writer contemplate necessary to be commissioner judge inside the RKUHAP with of competence to bridge interest victims, interest community society and interest offender.Keywords: Judge, Commissioner, Criminal Procedure Code Bil