Jurnal Hukum dan Peradilan
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URGENSI DAN PROSPEK PENGATURAN (IUS CONSTITUENDUM) UU TENTANG CONTEMPT OF COURT UNTUK MENEGAKKAN MARTABAT DAN WIBAWA PERADILAN
Get PDFContempt of court law is urgent, immediately, and urge, so need critically, academicly, and comprehendship analyzing and research to protect the honour and uphold the dignity and souverignty of the courtKeywords : Ius Constituendum, Contempt of Court, Court Dignit
PERADILAN TATA USAHA NEGARA DALAM KONTEKS UNDANG-UNDANG NO. 30 TH. 2014 TENTANG ADMINISTRASI PEMERINTAHAN
Get PDFAct No. 30 Year 2014 on Government Administration (UU AP) instead of administrative law. The concept of public administration (AP) in Article 1.1 is governance in the decision and / or action by the official agency and / or government. When compared with the Dutch Algemene wet Bestuursrecht (AWB), it seems obvious differences. AWB moved from the concept of administrative law (bestuursrecht) while the AP is the starting point of government dministration. That in AP there are aspects of administrative law, but the concept of administrative law is confusing. On the basis, the common explanations of AP stating AP Act is a substantive law of the State Administrative Court system becomes a big question mark. AP Act provisions concerning Administrative Court is not based on a clear conceptual approach. On the basis, AP Act concerning Administrative Court is very difficult to apply in judicial practice as well as vague concepts is also contrary to the concepts of administrative law. Keywords: Judicial, Administrative Court, Act No. 30 Year 2014 on Government Administratio
PERADILAN TATA USAHA NEGARA PASCA UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN DITINJAU DARI SEGI ACCESS TO JUSTICE
Get PDFThe Government Administration Act has expanded the access to justice for justice seekers in Administrative Court by opening the "empty spaces" that were not previously accessible for justice seekers. Hence Government Administration Act has opened access to justice, the Judge as the central figure of law enforcement should also committed to changes and developments, including changes and legal developments in the field of Government Administration. Access to justice is a human right that must be guaranteed, not just move the absolute power of the other judicial authority to the Administrative Court. His attempt is to cover the empty space/ vacuum which cannot be filled by the Administrative Court and other courts. The Administrative Court Judge are no longer narrow the authorization of Administrative Court on the pretext object of the dispute is not individual, not final, civil disputes especially since the disputed a declarative decision. The judge would have to implement the content of Government Administration Act along with the Supreme Court Regulation No. 4 of 2015 and the Supreme Court Regulation No. 5 Year 2015. To avoid disagreement of the law, the new law is applied with some implementation strategies that really understood what the intent and purpose of the Government Administration Act, including the rules of procedure. However, if in the Rules of the Supreme Court felt there are things that are not in accordance with the Law or the needs of the practice of the trial, the judge can make an effort constitutional question to the Constitutional Court or temporarily set it aside pending the revision of the Rules of the Supreme Court No. 4 of 2015 and the Supreme Court Regulation No. 5 in 2015.Keywords: Administrative Court, Government Administration Act, Access to Justic
PENGIRIMAN TENAGA KERJA MIGRAN SEBAGAI SALAH SATU BENTUK PERBUDAKAN MODERN DARI TINDAK PIDANA PERDAGANGAN ORANG
Get PDFIndonesia in one of the sending country of labour migrants in Asia. The delivery of migrant workers are generally carried out in a variety of ways, legal or the illegal. The delivery of migrant workers illegal is always associated with slavery as a form of criminal act of trafficking. Criminal act of trafficking can happen in various forms, but usually aims to exploits victims in order to benefit. Though a variety of strategic plan in prevention efforts already planned and implemented, but the reality in people are still many obstacles faced in the prevention of criminal trafficking with the mode of delivery of migrant workers. Therefore necessary cooperation and united fleets weapons between all components of society, law enforcement officers and government.Keywords: Migrant Worker, Slavery, Traffickin
UPAYA PERANCANGAN UNDANG-UNDANG TENTANG LARANGAN MERENDAHKAN MARTABAT PENGADILAN
Get PDFTo protect the dignity and soverignty of judiciary not only uses criminal law mechanism but also uses both civil contempt of court and ethical contempt of court integrally.Keywords : Act Proposal, Contempt of Cour
MORALITAS HUKUM DALAM HUKUM PRAKSIS SEBAGAI SUATU KEUTAMAAN
Get PDFMorality without law is powerless and law without morality is meaningless. Practical law as a virtue emphasizes on morality, providing justice, legal certainty, balance and expediency. Practical law isn’t the kind of law in the sense of merely black and white, but it is one that is able to make change in society, have and ethical dimension, contain legal values which live among people in the community.Keywords: Legal Morality, Virtue of Practical Law, Justice, Legal Certainty, Balance, Expedienc
PENCEMARAN DAN PERUSAKAN LINGKUNGAN DALAM PERSPEKTIF HUKUM ISLAM
Get PDFRegulations governing the environment in Indonesia are many and scattered in various regulations. But it seems that these regulations stand alone, no activity and effectiveness. How to environmental management are not planned and are not integrated in a harmonious and integral cause destruction and environmental pollution. Islamic law has principles that must form the basis and starting point of the activity of the social forces in order to ensure an orderly life, balance, and harmony so there is no pollution and environmental destruction that causes loss of balance and harmony of life in this world. Among these principles, namely equality, balance, benefit, mutual cooperation and justice. Through the implementation of these principles is expected to rule on the environment that has been set it can run properly.Keywords : Environmental Pollution and Destruction, Environment,Islamic la
PENERAPAN DIVERSI UNTUK MENANGANI PROBLEMA PENYELESAIAN PERKARA PELANGGARAN LALU LINTAS DI PENGADILAN
Get PDFBasically cases of traffic violations is a matter of simple so categorized quick examination. However, when the volume of his case matters reach thousands of cases and should be heard in court within a day, in fact has given rise to problems. In addressing these problems, improvement of handling and settling disputes traffic violation in court is an absolute must do. But apart from that alternative settlement traffic violation outside the court, namely through the implementation of diversion should be used as an alternative way to reduce the caseload and problems in court. Functionally, the application of diversion used as part of the education and guidance systems and community protection systems (especially against children / Offenders under age).Keywords : Diversion, Traffic Violations, the Cour
ASAS PEMBALIKAN BEBAN PEMBUKTIAN TERHADAP TINDAK PIDANA KORUPSI DALAM SISTEM HUKUM PIDANA INDONESIA DIHUBUNGKAN DENGAN KONVENSI PERSERIKATAN BANGSA-BANGSA ANTI KORUPSI 2003
Get PDFThis article describes some problems of the result of research regarding the shifting of burden of proof upon corruption offences in the Indonesian system of criminal law with regards UN Convention Against Corruption (UNCAC) 2003. There are two basic questions which become the research objections, firstly: to what extent the shifting of burden of proof has been implemented in the criminal court regarding corruption cases, and secondly, to what extent does the legislation policy apply for the shifting of burden of proof in relation with UNCAC 2003. The article uses normative research which regulation, conceptual, case and comparative approach. Such research emphasizes interpretation and legal construction to obtain some legal norms, conception, regulation list and its implementation in concreto cases. Regulation and conceptual approach to used how to know, existention, consistency and harmonization regarding the shifting of burden of proof upon corruption offences in legislation body. The cases approach uses comparative law regarding the reversal burden of proof upon corruption offencer between Indonesia and the other countries. This research shows that the shifting of burden of proof has never yet applied for in the corruption cases Indonesia. Those experiences is not similar with the experiences of against corruption Hong Kong and India, wihich implement the reversal burden of proof by using some approach socalled balanced probability of principles in the relation to the property or asset of defendant comes from. The Indonesian corruption regulation policy, especialy article 12B, 37, 37A, 38B apparently it’s not cleaq and disharmony to norm of sudden charge of fortune the shifting of burden of proof formulation in connection with United Nations Convention Against Corruption 2003(KAK 2003). So, necessary (needs) of modification sudden charge of fortune shifting of burden of proof formulation which preventive, represive and restorative characteristic. Keywords: Shifting the Burden of Proof, Corruption Offences, Criminal Justice Syste
URGENSI PEMBENTUKAN UNDANG-UNDANG TENTANG PENGHINAAN DALAM PERSIDANGAN (CONTEMPT OF COURT) UNTUK MENEGAKKAN MARTABAT DAN WIBAWA PERADILAN
Get PDFThe law of contempt of court must be formed immediately along with the restriction of which action becomes part of contempt in the court or which one doesn’t. The judge must improve the professionalism and self-Integrity in running the duty and obligationKeywords : Urgency, Contempt, Cour