Jurnal Hukum dan Peradilan
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EKSISTENSI PENGADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA
Get PDFThe existence of the tax court in Indonesia as a judicial institution that is specialy expected to play a role in resolving settlement of tax disputes for those seeking justice. However, its existence has not been in line with the justice system one roof in Indonesia as mandated by the 1945 Constitution. Tax court over a regime of taxation law, not a regime of law on Judicial Power. There is not an appeal or cassation resulting tax court decision does not reflect the lack of legal certainty and a sense of justice for the people seeking justice. These conditions lead to the control of the implementation of the Tax Court is very weak. Keywords: Tax Court, Justice System, Rule of Law, Justice
MODEL IDEAL PROMOSI DAN MUTASI APARATUR PERADILAN INDONESIA
Get PDFPromotion and Implementation of the consequences of mutations causing a correlation between the quality of promotion and transfer to the performance and behavior of judges. Promotions and mutations that do not cause trouble families would improve morale and performance, instead the promotion and transfer of judges to make family life difficult and frustrating declining morale and performance. Then the fight promotion and transfer to the material does not encourage the growth of professionalism of judges and job performance. Hence the need for normative policy governing promotion and transfer mechanisms for the basis implementation equitable promotion and transfer. Compiled promotion and transfer patterns using the system region / territory with the division of the province, the region (some provinces), the national territory. Reclassification of the court by adding criteria case complexity and dynamics of the economy in addition to the substantive elements, circumstances of the case and supporting elements, population, population density, as well as communication and transportation. Imposed purely functional status. Promotion of judges / class civil servants are not hampered by the same leadership position the judge or judges of the lower classes of the judge concerned. It was also necessary to minimize the differences between leaders facility with the judge, so the judge does not have to hunt comfortably leadership positions and perform tasks on its position. Openness is limited, such inspraak and hearing, an opportunity to participate in determining the policy of the authority by a judge that the object of promotion and transfer. Keywords: Promotions and mutations, Justice Refor
PERKEMBANGAN METODOLOGI PENELITIAN HUKUM
Get PDFDoctrinal research asks what the law is on a particular issue. It is concerned with analysis of the legal doctr ine a nd how i t ha s been developed a nd a ppl ied. This type of r esea r ch is a lso known a s pur e theoretical research. It consists of either a simple research directed at finding a specific statement of the law or a more complex and in depth analysis of legal reasoning. Non-doctrinal research, also known as socio-legal research is a legal research that employs methods ta ken fr om other discipl ines to gener a te empir ica l da ta to a nswer r esea r ch quest ions. It ca n be a problem, policy or law reform based. Nondoctrinal legal research can be qualitative or quantitative. Doctrinal and nondoctrinal research could be part of a large scale project. Non-doctrinal approach allows the researcher to perform inter disciplinary research where he analyses law from the perspective of other sciences and employs these sciences in the formulation of the law. Keyword: Doctrinal research, Theoretical research, La
KERJASAMA BIDANG PERADILAN ANTAR NEGARA DALAM RANGKA UPAYA PENYERAGAMAN PRANATA HUKUM ANTAR BANGSA
Get PDFApplicability of the rules of the positive law of a country is limited by territorial boundaries that country. While the legal relationship that lasted between members of the community of nations always occurs and exceeds the limits of the territorial sovereignty of the state law. Therefore, the national law of the countries should continue to be pursued in order to be able to answer a variety of transnational issues that exist. The effort is certainly not intended to be uniform throughout the internal legal system of sovereign states, but merely an attempt to harmonize the rules of international private law. While problem solving for issues specific civil law will be made by the judicial bodies of each country. In order to accommodate this reality, is a conditio sine qua non for Indonesia to consider measures to make international agreements in order to enrich the rules of civil procedure law court. The problem, at least to face the coming force of AFTA in the ASEAN region should be harmonization between the legal systems of the individual ASEAN member countries. If not, the difficulty for the difficulties to be faced every country, when the demands of the right form of execution verdict handed down in a country can not be implemented in other sovereign nations. The situation is certainly less beneficial terms of economic cooperation. Therefore, the establishment of a model law for a convention in the form of the ever pursued by countries in the European region, reasonably considered to be a model in drafting the ASEAN convention. At least these efforts will support the objective of allied countries to achieve harmonization of laws between countries in the ASEAN region. Keywords: cooperation in judicial, legal institutions, harmonizatio
PERAN AKADEMISI DALAM PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT KURANG MAMPU DI INDONESIA
Get PDFEvery citizen of Indonesia, of course longing for a fast, simple and low cost judicial process. This may be done everyone has an access to justice without any exception. These conditions have been realized by the Constitutional Court decision that had to cancel Article 31 of Law Number 18 Year 2003 on Advocates, because the article is considered contrary to the Constitution of 1945 and has no binding legal force. However, the implementation of the Constitutional Court ruling will not necessarily be implemented, because in practice there are still debates among law enforcer (police, prosecutors, judges, lawyers) even academics about the legal standing of the law lecturer who perform service in the form of assistance to disadvantaged communities who are dealing with legal issues. This condition is caused by a lack of positive response to the Constitutional Court, and the lack of response is due to the lack of legal resources by extracting the part of law enforcement and academics for a growing source of law. Kata Kunci: Decision, Constitutional Court, law enforcer, academics, citizen , Justice
Pelanggaran Hukum Perlindungan Konsumen Terhadap Penggunaan Produk Plastik berbahaya Sebagai Kemasan Makanan dan Minuman
Get PDFPlastics contain hazards that can endanger consumers\u27 health. This thesis discusses the problems faced by consumers due to the use of plastic products as food packaging, consumer protection law violations by the business, and the role of government in order to control the use of plastic products by businesses. Results of this study concluded that the problems faced by consumers is the use of plastic products by dangerous business as a packaged food. By using dangerous plastic product, businesses have also violated provisions of the law of consumer protection. Furthermore, the government should monitor the use of plastic packaging, provide counseling to consumers and businesses, and require businesses to include the symbol and code information on the triangle and plastic packaging. Keyword: Plastics, food packaging, consumer protection law violation
ASPEK HUKUM CLASS ACTION DAN CITIZEN LAW SUIT SERTA PERKEMBANGANNYA DI INDONESIA
Get PDFThe assertion aspects and Citizen Law Class Action Law Suit in fact has been recognized and accepted by the Judge and Judicial us, this condition affirmed the issuance of the Supreme Court of Indonesia Regulation Number I of 2002. Legal Breakthrough Central Jakarta District Court that receive and examine claims has increased the belief of justice seekers denganadanya decisions on a lawsuit aqua. However, it must be recognized that in the particular jurisdiction in Indonesia, based on research results Research Center of Law and Justice of the Supreme Court still found many judges who do not understand the legal aspects of handling and class action law suit and the citizen. Characteristics of the class action lawsuits and citizen law suit is necessary shared understanding of both the Judge and the community as a plaintiff; To understand the uniqueness of this lawsuit we all need to do a comparison on other countries that have implemented first lawsuit is like America, Canada etc. Keywords: Aspects of Law, Class Action, Citzen Law Sui
PEMIDANAAN TERHADAP PENGEDAR DAN PENGGUNA NARKOBA : Penelitian Asas, Teori, Norma dan Praktik Peradilan
Get PDFFormulation types of criminal sanctions (strafsoort) is considered the most appropriate, appropriate and fair for appropriate drugdealers Narcotics Act (Act No. 35of 2009) and Psychotropic Substances Act (Act No. 22 of 1997) andjudicial practicebe assessedfrom the perspective of the principles, theories, norms andjudicial practiceis a system of cumulative-alternative formulation (mixed /combined) between the death penalty, life imprisonment or imprisonment, or a fine, while the length of the formulation of criminals anctions (straafmaat) is considered the most appropriate, appropriateand fair sentenceis a determinate system in the form prescrib edlimit minimum and maximum criminal threats. Punishment for drug user alyzed from the perspective of the principles, theories, norms and practices of its application to the dealers to berelatively severe punishment metedranging from the death penalty, life imprisonment and criminal casesover the past 15-20 years. The nthenature of drug users a sactors (daders) and a victim (victims) in addition to drug crimeshould bedropped also dropped criminal sentencing rehabilitationas stipulated in Article 127 of LawNo. 35 of 2009 for narcoticaddicts. Keywords: Formulation types of criminal sanctions, formulation of criminals anctions (straafmaat
KONSEKUENSI YURIDIS PENYIMPANGAN KEWENANGAN INTERSEPSI OLEH PENEGAK HUKUM
Get PDFInterception is an act that violates human rights is therefore authorized the interception can only be done by law enforcement officers. In reality interception authority by police to deviate from the provisions that have been mandated by law. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on this study it can be concluded that the juridical consequences of the actions of police conduct authority lapses in implementing the interception an act that is against the law and may be subject to criminal sanctions, it is based on a systematic interpretation of Article 31 paragraph (3), the law enforcement officers who perform deviation authority interception the position equivalent to ordinary people who do the interception as stipulated in Article 31 paragraph (1). So the police action could be sanctioned as provided for in Article 31, paragraph 1 in conjunction with Article 47 of Law ITE. Keywords: Deviation, authorized, Interception, Law enforcemen
Disfungsi Peradilan Pajak Indonesia dalam Merealisasikan Keadilan
Get PDFAppeals is a remedy that can be used by the taxpayers during the tax dispute with the tax authorities, having previously filed Objection. Philosophy of remedies is a means of seeking justice to fight for their rights as equal before the law, it should be an option that gives freedom for the taxpayer to use or not use. Anomaly occurs, where the Act Number 28 of 2007 on General Provisions and Tax Procedures seeking justice requires to pay the administrative sanction a fine of 100% of Appeals were denied or granted in part. In the middle of the threat of sanctions, taxpayers are dealing with a lower ability of court to produce a fair Judgment for the parties. Therefore, the realization of the Tax Judiciary functions as a conduit of Fairness should be questioned and examined. Keywords: Appeal, Objection, Fine, Judiciary, Fairnes