Jurnal Hukum dan Peradilan
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ASPEK HUKUM PENINJAUAN KEMBALI LEBIH DARI SATU KALI DALAM PERKARA PIDANA (PERSPEKTIF PENEGAKAN KEADILAN, KEPASTIAN DAN KEMANFAATAN HUKUM)
Get PDFConstitutional Court Decision No. 34 / PUU-XI / 2013 has opened the space PK is not just one time as provided for by the Article 268 paragraph (3) Criminal Procedure Code so that PK can be done many times during found and submission of PK Novum although it has done previously. Perspective is the basis of this decision is justice. Responding to the verdict of the Constitutional Court, the Supreme Court publishes SEMA No. 7 Year 2014 on Reconsideration Request Submission In Criminal Case. Through the SEMA Supreme Court warned that provisions PK only once outside the Article 268 Criminal Procedure Code which was canceled by the Constitutional Court, therefore, PK criminal cases (in a similar case) is more than 1 (one) can not be accepted. Restrictions on the desired PK criminal case the Supreme Court is to provide legal certainty in the process of final settlement of criminal matters. Government through Minister of Law and Human Rights take strategic steps in resolving the legal expediency vision polemic filing legal remedies PK criminal cases, by coordinating state agencies and relevant ministries so as to produce an agreement that filing PK many times can not be executed until the issuance of PP. Therefore still valid set forth in the Judicial Authority Law and the Law on the Supreme Court.Keywords : Legal Aspects, Reconsideration, Criminal Cas
TITIK SINGGUNG WEWENANG MAHKAMAH AGUNG DENGAN MAHKAMAH KONSTITUSI
Get PDFThe mixing of authority between the Constitutional Court and the Supreme Court has raised a range of issues. In turn, there is the contact authority of the two institutions which could lead to the occurrence of legal uncertainty. In connection with the authority testing regulations, for example, although the Supreme Court and the Constitutional Court have the same right to test the legislation, but with different types and hierarchy of legislation being tested, then the interpretation of the rules of the legislation for which they were these institutions must be subject to a hierarchical system of laws and regulations that apply. Therefore, the validity of the norm is derived from the legislation is higher. Moreover, any decision of the judicial review of the UUD, this decision is erga omnes, including for judges of the Supreme Court and judges of the court under the Supreme Court.Keywords : Authority, Constitutional Court, Supreme Cour
MEWUJUDKAN VISI MA TENTANG BADAN PERADILAN YANG AGUNG MELALUI UNDANG-UNDANG JABATAN HAKIM
Get PDFJudges official status has been affirmed as a state official, but in fact on some aspect on it is still bound by the Civil Service system. Therefore judge positions are often said to be dual status as state officials and civil servants. Nullifying the dual status is, in fact has caused serious problems in terms of both managerial and related to the potential reduction of judicial independence. If the independence start to reduce, the implications of the problems of the post of Judge is hampering efforts to realize the vision of the Supreme Court which is to realize the Supreme Courts.Keywords : Supreme Court Vision, Acts, and Official state of Judge
KETERBUKAAN INFORMASI DI PERADILAN DALAM RANGKA IMPLEMENTASI INTEGRITAS DAN KEPASTIAN HUKUM
Get PDFAs a public institution in the field of justice, the Supreme Court is required to commit to apply the disclosure of information. Nowadays, transparency of information disclosure in the context of justice for the Supreme Court is not only the public needs but also the needs of all residents of the judiciary. With the judicial transparency, will slowly happen to strengthen accountability and professionalism and integrity of the judiciary residents. Commitment to provide disclosure of both the process and the end result is a concrete manifestation of public services as access to justice (access to justice) given by the Court at the lowest levels up to the Supreme Court. Quality of excellent public services through the transparency of the judicial information disclosure is the estuary of execution Reform of Bureaucracy.Keywords : Information transparency, Judicial, Integrity and Legal Certaint
PENTINGNYA MEMAHAMI PERBUATAN HUKUM TELEKOMUNIKASI DALAM KERJASAMA ANTARA PT. IM2 DENGAN PT. INDOSAT
Get PDFThere is a difference between regulatory opinion of the Telecommunications Regulator/Ministry of Communications with the Corruption Court Judge on act did by PT. IM2 in collaboration with PT. Indosat. Title of cooperation between this service providers and network operators are "Internet access via cellular networks Indosat". In view of the regulator, this cooperation is in conformity with the regulations, even obligatory upon network operators to cooperate with the service provider. However, in view of the prosecutor and the judge, this cooperation violates the regulations. A difference of views between regulatory enforcement versus law enforcement is certainly very noteworthy because it will has very big impact to telecommunication development as the backbone of the national economy and the development of national legal systems and culture. Keywords: Networks, Network Usage, Frequency, Frequency Usage, Frequency Allocation, Frequency Allocation Usag
PERKEMBANGAN PEMIKIRAN DAN PENGATURAN PENYALAHGUNAAN WEWENANG DI INDONESIA (TINJAUAN SINGKAT DARI PERSPEKTIF HUKUM ADMINISTRASI NEGARA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 30 TAHUN 2014)
No full textThe authority abuse is a concept that is always develop behind the realm of public law. This concept is an important measurement, for the wheels of the government. The actions and/or decisions of the agency and/or government officials are not unlimited authority. It is important for restriction or agency that oversees the actions and/or decisions of the government. The institution in question is the judiciary. Post the normalization of authority abuse in the Act No.30 of 2014 About Administration (particularly Article 21), there are different views in dealing with law enforcement. This is related to the absolute competence of the judiciary, namely the Administrative Court and the General Court (Criminal/Corruption). In that case, there needs to be clarity of meaning in the norms that regulate the abuse of authority. To avoid confusion in its implementation. Therefore, the need for understanding the meaning of abuse of authority by evaluating them in terms of the development of thinking and the settings from the perspective of administrative law.Keywords: Meaning, Authority, Law Enforcemen
RANCANGAN UNDANG-UNDANG MAHKAMAH AGUNG (RUU MA) : PENGKAJIAN FILOSOFI, SEJARAH, ASAS, NORMA DALAM DINAMIKA PERKEMBANGAN KETATANEGARAAN INDONESIA
Get PDFParliament proposed initiative to change back the bill MA for three (3) foundation: first, the desire of the House to form a Supreme Court that can carry kekusaan judiciary to realize the state of law and achieve the objectives of the state, second, the Law on the current MA , seen there are still weaknesses. Third, awareness of the need for harmonization and synchronization with the MA bill to be prepared with due regard to the interests of law enforcement and justice must be directly in line with the interests of law and public justice. According to the analysis, the substance of the bill by parliament yet the Supreme Court in accordance with the principles of independent judicial power, especially concerning: First, the House Oversight Against MA; Second, the Supreme Court decision setting tengang substance (Article 97), which not only violates the independency of the judiciary, but also waives the rule of law; Third, criminalization judge if the judge violated or ignored the Article 94 jo. Article 96; Fourth, the organizational structure of the secretariat of the Supreme Court (Article 35) causes a buildup of duties, functions and authority of the Secretariat tremendous MA; Fifth, the Material Test Procedure Law Rights (Article 90 paragraph (8)) are not further described; Sixth, Room Sharing Case that cause fattening of human resources in the rate and with the same duties and functions by the Clerk of the Supreme Court; and Seventh, Minimum Age Limits for Supreme Court Justices. Keywords: Bill, the Supreme Court, constitutional developmen
PROSPEK OMBUDSMAN REPUBLIK INDONESIA DALAM RANGKA MEMPERKUAT PELAKSANAAN EKSEKUSI PUTUSAN PERADILAN TATA USAHA NEGARA
Get PDFThe position and function of Administrative Court so weak that the verdict is much neglected. Referring to the approach of the legal system, where the Administrative Court and Ombudsmen of Republic of Indonesia (ORI) equally aims to promote good governance and ensure the legal protection of the public from the actions of public administration law, the ORI is possible to be handed the duties and responsibilities as independent executor PERATUN decision. In the meantime, the Ombudsmen should be given the authority to promote, supervise and impose sanctions against the defendant who is not willing to implement the decision PERATUN or against other parties who obstruct the implementation of the decision PERATUN. Keywords: Administrative Court, Ombudsmen of the Republic of Indonesia, Independet Executor
SINERGI PELAKSANAAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA
Get PDFEnforcement of environmental laws is expected to be carried out in synergy by law officers who are scattered in various law enforcement agencies in general and particularly in relation to environmental management. Understanding of the substance of environmental law should not be done partially adherence to environmental laws, both by the public and law enforcement officers itself so to create a legal substance is completely and thoroughly that understanding can be removed to the sectoral legislation. Likewise strongly support the creation of culture law enforcement of environmental law implementation synergies among law enforcement officers. It is intended that the law enforcement agencies have the same perception of the implementation of environmental law enforcement. Keyword : “ Law enforcement†and “ Environmental Lawâ
GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)
Get PDFEfforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution