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MEDIASI SEBAGAI BENTUK PENYELESAIAN PERKARA PIDANA
Get PDFCriminal Justice Enforcement which is currently done by the government is considered unsatisfactory by both perpetrators and victims of crime. The losses that victims of crimes experienced have not been compensated. Meanwhile, the sanction provided for the criminal is sometimes unfair. This study is done through normative research method, which focuses on the study of documents, using conceptual approach. The analysis is conducted by the legal dogmatic method. The result of this study shows that based on the point of view of the Police, Public Prosecutors, Advocates, and Judges, the out of court crime settlements are acknowledged in the criminal cases settlement. The out of court crime settlements are mostly done by the police using discretion approach. Public Prosecutors rarely do the discretion on the basis of out of court settlements related to the existence of an agreement between the perpetrators and victims of crime; even if there is a settlement, the letter of the peace agreement will be attached to the case files and becomes the basis for considerations to decrease prosecution. The judges in court, like prosecutors, use the out of court crime settlement only as an excuse to decrease the imposition of the crime if the perpetrator is found guilty and could be responsible for a crime he did. For criminal mediation can be applied in the criminal justice system in Indonesia, arrangements in legislation are necessary, as the legal basis
REKONSTRUKSI WEWENANG PENYIDIKAN DALAMPERKARA TINDAK PIDANA KORUPSI (Kajian Kewenangan Polisi dalam Penyidikan Tindak Pidana Korupsi)
Get PDFInvestigation is a vital phase in the process of revealing material facts as stated in criminal law in Indonesia. Failure in the investigation process will fatally result in the proofing process in the court. Investigation becomes the starting point of criminal law enforcement. In terms of corruption crime investigation in Indonesia, the investigation is conducted by an investigator team consisting of police investigator, court investigator, and Corruption Eradication Commission investigator. The existence of those investigators, at present, is not stable as there are some problems faced by those institutions
PENGAWASAN DAN PEMBINAAN MAHKAMAH AGUNG TERHADAP PENGADILAN DI BAWAHNYA
Get PDFThe independence and impartiality of the judicial authority, in the history of its incorporation into norms, had undergone some improvements and impediments along with the changes in the 1945 Constitution of the Republic of Indonesia, which was subsequently followed by amandment in the judicial power. In general, the changes were intended as an effort to reinforce the implementation of the judicial power. The research aimed at studying the design of the regulation concerning the supervision and guidance by the Supreme Court to the lower courts from the perspective of the principles of democracy. The supervision and guidance in the respect were limited to those within the functions and organization of human resource management. The study is a normative legal one using doctrinal method to analyze the laws constructed by the legislative power and thus is apart from the constitutional and political choices at that time. The research had found several designs of laws in the court supervision and guidance. Constitutionally, it had been determined that the Supreme Court should perform the internal supervision while the Judicial Commision, perform the external one. In addition, the law had determined that the supervision should not reduce the independence and impartiality of the judge. Together, the Supreme Court and the Judicial Commision composed the Code of Ethics and Code of Conduct as tools of measurement
PERTAUTAN HUKUM ISLAM DAN HUKUM ADAT MENUJU SISTEM HUKUM NASIONAL
Get PDFCustomary is Indonesian indigeneous heredity which is usually unwritten and it existed since Indonesia got its independence. The existence of customary in Indonesia changes since Islamic religion entered and got its followers in Indonesia. The implementation of syariah causes diversity in Indonesian law, especially the laws related to family affairs. The role of Syariah and Customary is very important in determining positive laws. This study aims at finding out the relationship between the values in Syariah and the ones in Customary, especially in family affairs law. The finding shows that most of the componets research showed the similarities which correlated each other. The similarities between those values are expected to become the guidelines in determining positive laws
KEWENANGAN PENGADILAN AGAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH
Get PDFThe authority of Religion Court in resolving the Shariah Banking disputes regulated in article 55, verse (1) of Sharia Banking Regulation. There are two types of dispute resolution methods, namely non litigation (out of court) and litigation (through the court). The resolution procedure using non litigation method basically uses the agreement from all parties. If the resolution is made through arbitrate institution, the procedure of the dispute resolution is regulated in Regulation No. 30 the year of 1999, about Arbitration and the Alternative of Dispute Resolution. The procedure of the resolution of the Shariah banking dispute which proposed by the law abider, an Islamic person or legal institution and/ or they who abide the Islamic law can be done in two ways. First is special judicial procedure when the case is dismissed, canceled and verstek by the verdict of dismissal, cancelation and verstek. When the case is dismissed, and canceled, there will not be any legal action, but the related parties can reapply the case. When the case is on verstek verdict, the legal action will be in the form of verzet. The second is the regular case, it is applied when all the trial procedures are fulfilled perfectly and the granted or denied with appeal as the law action
THE IMPORTANCE OF INFORMED CONSENT IN THE PRACTICE OF MEDICINE: An Indonesian Perspective
Get PDFFNowadays, law has entered into any part of human life, including the world of medical profession. The practice of medicine is impossible to be far away from the influence of law. One of the influences of the law in medical profession is the requirement of informed consent before the doctor takes any medical treatment. Informed consent which was in the past considered as an ethical obligation, it now has become a legal obligation. Informed consent is a technical term in medical profession used to call consent to treatment given by the patient after receiving adequate information from the doctor
PENEGAKAN HUKUM PENANGANAN GELANDANGAN DAN PENGEMIS MENURUT UNDANG-UNDANG DASAR 1945 DAN HUKUM PIDANA
Get PDFThe criminal law enforcement in handling the vagabonds and the beggars should be in harmony with the higher regulations and with the values of the living law. Moreover, the implementation of article 34 of the 1945 Constitution and the policy if the legal provisions in the law abiding in the society, such as the law of the national social security system and the law of people’s prosperity which can contribute to the abolishment of poverty. The result of the research showed that the functionalization of the criminal law (law enforcement) against the vagabonds and the beggars was not maximal enough because the process of putting the criminal law in to operation was directed to punishment and not to development. Hierarchically, article 504 and article 505 KUHP are not restricted and efficient use of its implementations because they are not contrary with the high regulation. In principle, the vagabonds and the beggars do not violate the law; it can be said that and action cannot be categorized as illegal if there is no illegal intention so that it is true when the action is de-discrimination because no one complains because of their action.Key words: Law Enforcement, Vagabonds, Beggars, 1945 Constitution, Criminal Cod
Mewujudkan Sistem Peradilan Pidana Berwibawa Di Indonesia
Get PDFThe authoritative criminal justice system in Indonesia should be realized in order to get trust and respect from the society. The basic norm order which is embraced in the legal principles is the manifestation of the supreme bases, that is the Grand norm of Pancasila. It should become the legal spirit in the legal validity and reality. The authoritative criminal justice system shall occur when the criminal justice system holds high the criminal legal principles as the meta norm and the attitude guidance. The accountability aspect for criminal justice and its implication towards controllability and responsiveness of institute is very significant in the development of the authoritative justice system. Therefore, it requires a system approach to promote structural, substantial, and cultural synchronizations for the sake of the establishment of legal council and institution in the criminal justice system
RE-EVALUASI SISTEM PENUNTUTAN DALAM KUHAP
Get PDFPresecution system is one of the criminal justice system’s elements. In Indonesia, the presecution system does not clearly state whether it follows legality principle or opportunity principle. A strict regulation regarding to the presecution system influences the criminal justice system. Re-evaluation of the presecution system through the opportunity principle as stated in the Draft of Criminal Code Procedure of 2008 does not only bring impacts towards the Indonesian criminal justice system but also balance the victims position which has got less attention during these years
PENYELESAIAN ALIRAN SESAT DI INDONESIA DARI PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF
Get PDFThis research aims at examining the problem solving of Aliran Sesat (deviated religious affiliations) from the Islamic and Indonesian positive law perspectives. The descriptive-analytical approach is used to reach the goal of this study. This study finds that the emergence of Aliran Sesat in Indonesia creates many serious problems. To stop these deviations and to prevent the society from their negative impacts, Majelis Ulama Indonesia (the Indonesian Islamic Scholars Council) has delivered fatwa (an answer of the religious question) and determined that these religious affiliations are misled and their followers should return back to the true Islamic teachings. However, they neglected this fatwa and disobeyed it and still continue their activities. They claimed that it is their right to do and spread what they believed and that the freedom of belief is protected by the Indonesian positive law. This makes the society angry and doing anarchist actions against them. It is because according to the majority, Aliran Sesat is a distortion and an attack to the Islamic religion, and not a human right neither protected by the law. The government, therefore, have to enforce the Criminal Code Article 156 (a) against them.Keywords: Aliran Sesat, Islamic Law, Indonesian Positive Law