Jurnal Hukum dan Peradilan
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URGENSI PERAN PENGADILAN DALAM MEMBERIKAN PELAYANAN BANTUAN HUKUM TERHADAP ORANG MISKIN SESUAI UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM
Get PDFImplementation of Legal Aid Post (Posbakum) by the District Court includes three (3) the scope of legal services in accordance with the provisions contained in the Perma No. 1 Year 2014. Those 3 scopes are services of fee waiver, and the holding of the trial outside the court building and providing Posbakum Court. In connection with the implementation of this Posbakum actually State Court only provides room facilities to Posbakum for three Legal Aid Provider or accredited lawyers organization. As for the legal aid fund handling each case will be filed by the Court through the Lokal Office of Kemenkumham. However, this does not mean that the facilitator function can be ignored, considering this Posbakum takes place in the Court, it is noteworthy that there is a special mandate from the State Officials to the Court in order to succeed the free legal services for the poor. Therefore, it can also be expected that the presence of the Posbakum in the Court can erode the negative and scary stigma on the Court for the general public. Keywords: Court, Legal Aid, the Poo
FREEDOM & IMPARTIAL OF JUDICIARY : ANTARA “ PERADILAN BEBAS†& “PERS YANG BEBAS
No full textPress of independence adopted by Law No. 40 of 1999 on the Press is an accentuation of the Libertarian Press system which requires the existence of a absolute total "freedom of pers" by putting all the legal consequences on the substance of its news through judicial institutions, without calls for criminalization forms of the press with all the reason and limitedly direction purpose. Absolute Privilege Right of the Press have signs that provide a limitation on -moral hazard- based on Interest of justice or national security or for the prevention of disorder or crime that can be issued by the judiciary as a form of Sub Judice Rule criteria or Disobeying a Court Order from Contempt of Court institutions. a proclamation which is a form of freedom of expression with the news that "prejudicial", even the news substance pose a "misleading conclusion and opinion" as well as has provided an opinion and conclusions that are misleading or incorrect and negative impact on the course of judicial proceedings and other parties broadly (as recognition of the Press Libertarian System) may be faced with a sense of responsibility of the press itself, either ethic norms and laws.Keywords : Judicial, Pers, Freedo
MAKNA DAN KRITERIA DISKRESI KEPUTUSAN DAN/ATAU TINDAKAN PEJABAT PUBLIK DALAM MEWUJUDKAN TATA PEMERINTAHAN YANG BAIK
Get PDFIn order to do the legal action, public officials often execute out of written law, this condition is a logic consequence, that the acts and others written laws are left behind in anticipating the development of the era, the change of values, and increasing need of human life along with the progress that they have achieved in science and technology. Therefore, to make legality principle on operational stage can be done as good as it could, so the development instrument of the discretion is needed, ironically, not the rare things, the use of discretion sometimes misuse by public officials, pretending bases on public need and legal certainty in fact they abandon civil rights, either individually, in group or even civil corporate body. To anticipate it all, another draft is required to control the discretion of public policy and/or act of public officials, and that draft is good governance, which usually assume as good governance system. By understanding main principle from good governance itself, it’s hoped that the discretion of public policy and/or act of public officials can be applied together with code of conduct in law (rechtmatigheid van regering).Keywords : Discretion, Public Officials, Good Governanc
PENGHINAAN TERHADAP PENGADILAN VERSUS KEBEBASAN PERS
Get PDFPress is manifestation of public soverignty to the power. Press control function covers critic, analytic, and information to the public, so all the activities which are from branches of power based on the public wish and hope. Freedom of press is limited by the press law and code of conduct. The freedom of press can not be used for humaliation, harassment, or interference of judicature process. Press must respect the institution and independency of judiciary.Keywords : Contempt of Court, Freedom and Pres
CONTEMPT OF COURT DI INDONESIA, PERLUKAH?
Get PDFContempt of Court law needs to be made apart with specific law, but waiting or at least fulfillment at once the changed of law system with the comprehendship way and improving the professionalism of judge, attorney, police officer, advocat, journalist, and socialization to the society of justice seeker.Keywords : Contempt of Court, Indonesi
PEMANFAATAN TEKNOLOGI INFORMASI UNTUK MENDORONG PERCEPATAN PENYELESAIAN PERKARA DI MAHKAMAH AGUNG
Get PDFUtilization of information technology by Supreme Court is to boost the eficiency and effectivity the resolution of the case, but in fact the Utilization of information technology still focus on electronic record only, the technology hasn’t been optimalized yet to improve the performance of judiciary institution.Keywords: Information Technology, Cases Settlement, Supreme Cour
TITIK SINGGUNG WEWENANG ANTARA MA DAN MK
Get PDFThe existence of the Constitutional Court (MK) in Indonesia is linked to the Supreme Court (MA) both in the universal philosophy and in history and the particular debate. Being natural in practice found several points of authority tangency which must be resolved not only academically but in juridiction. If powers of the Constitutional Court was elaborated and then linked with the authority of the Supreme Court the authority then it appears there is a cross between the two institutions. The Constitutional Court judge rules conflict which is abstract at once judges conflicts (disputes) between the person or institution that is concrete. There is also the Supreme Court also adjudicates conflicts (disputes) between people or institution that is concrete as well adjudicates conflicts between rules which are abstract. Here appears the cross testing authority in legislation between the Constitutional Court and the Supreme Court because they both have the authority to conduct testing, but to different degrees.Keywords: Connective Point, Supreme Court, Constitutional Cour
ASPEK HUKUM NEGARA DAN ADMINISTRASI NEGARA KELEMBAGAAN PENGADILAN PAJAK
Get PDFPengadilan Pajak merupakan pengadilan pajak murni (administratief rechtspraak) yang memenuhi unsur-unsur sebagai lembaga peradilan, bukan pengadilan internal administrasi murni (administratif beroep) di bidang perpajakan. Pengadilan pajak merupakan pengadilan khusus dalam lingkungan peradilan tata usaha negara di Mahkamah Agung.7 Dengan demikian secara kelembagaan Pengadilan Pajak berkedudukan sebagai bagian dari Mahkamah Agung sebagai pelaku kekuasaan kehakiman sebagaimana dimaksud dalam Pasal 24 Ayat (2) UUD 1945
PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN OLEH KAPAL PERANG REPUBLIK INDONESIA (KRI) DALAM PERSPEKTIF UNDANG-UNDANG RI NOMOR 45 TAHUN 2009 TENTANG PERIKANAN
Get PDFIllegal fishing is a serious problem that must be addressed because it is very harmful to the preservation of resources and economically detrimental for the country. According to Article 73 paragraph (1) of Law Number 45 Year 2009 investigation of criminal offenses in the field of fisheries carried out by the Civil Servant of Fisheries Investigators, Navy Investigators (TNI AL), and/or Police Investigator of the Republic of Indonesia. Furthermore, in Article 69 paragraph (4) the investigator and/or fisheries supervisor can perform specific actions such as burning and/or sinking of foreign-flagged fishing vessels based on sufficient preliminary evidence. In the explanation mentioned that special action is performed is not arbitrary but is done when the investigator and/or fisheries supervisor convinced that foreign fishing vessels that have committed the crime of fisheries. For the commander of KRI the act of shooting and/or sinking foreign fishing vessels must meet the requirements of the state where the vessels are doing things that are contrary to the pursuit, arrest, inspection and investigation, for example escape or resistance. Research results can be concluded that the act of shooting or sinking and exterminating evidence of foreign-flagged fishing vessels that sufficient evidence of a criminal act fisheries in WPP RI in practice can be done by means of hot pursuit, in the process of investigation and carry out the determination of the court. Due to the sinking of the vessel does not bring bad influence on Homeland relationships with the countries concerned and will provide a deterrent to potential offenders of other fisheries crime act. Government stern action against the perpetrators of the illegal fishing carried out in accordance with the procedures and provisions of applicable law.Keywords: Illegal Fishing, the Legality of the Navy (TNI AL) Investigators, Sinking Foreign Fishing Vesse
MASALAH “LEGAL STANDING†DALAM PUTUSAN - PUTUSAN HAK UJI MATERIIL MAHKAMAH AGUNG REPUBLIK INDONESIA TAHUN 2012 – 2014
Get PDFThe paradigm has changed from disadvantaged right equalized with the interest, without classifying the requirement of disadvantaged right that must fulfill 5 (five) requirement, those are : (a) there is a right for applicant that is given on law and regulation (b) this right is disadvantaged if considered by applicant c) the disadvantage must be specific and actual or at least potential (d) causality connectivity must be exist; (e) the disadvantage will not happen if the application is acceptedKeywords : Legal Standing, Judicial Review, Supreme Cour