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PENAFSIRAN HAKIM TERHADAP KETENTUAN PIDANA MINIMUM KHUSUS DALAM UNDANG-UNDANG TINDAK PIDANA KORUPSI
Get PDFThe spirit of the rule of law against corruption which is considered as an extraordinary crime that resulted in the occurrence of social inequality , the economy , the loss of faith in government and a variety of other problems that led to the birth of Law No. 31 of 1999 in conjunction with the Law No. 20 Year 2001 About Follow Corruption. The interesting thing about the formation of the Anti- Corruption Act is a criminal provision in the formulation of minimum deliknya against perpetrators of corruption . It is certainly different from the general criminal provisions in the draft Criminal Law (Penal Code) which is more familiar maximum penal provision . The results showed that the minimum pinadana special provisions in the law of corruption can be breached so long as the judge has the legal resening or residenti proper ratio to a corruption case by looking at the size scale of the corruption case with consideration and interpretation of the patterns perspective, social - justice, moral justice and community justice decision was taken to drop the minimum punishment. Criminal punishment under the criminal provisions of the special minimum in some court decisions can be made by several criteria into consideration the provisions of the criminal judges deviate minimum, the criteria of the element of state assets or state economy as a result of the acts of corruption tiundak and criteria of the role and position of the defendant in acts of corruption. Keywords: Interpretation of judges , a special minimum criminal , corruptio
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
PROBLEM LEMBAGA PEMASYARAKATAN DI INDONESIA DAN REORIENTASI TUJUAN PEMIDANAAN
Get PDFMany criminal problems that occurred in the prison showed that noble goal penitentiary establishment initiated by Sahardjo since its inception as a coaching institute, ethics and honor. That the person who lost had to give him stock diayomi live as good citizens and useful in society to be a difficult thing to achieve. This condition inspires us to re-review the (re-orientation) models that are used in a criminal prosecution of criminal law enforcement. Criminal law enforcement orientation semistinya not end at the prison in the form of criminal sanctions against the defendant, but the imposition of sanctions in the form of social sanction against the defendant with the crime scale reactive light need to be prioritized or preferably through a restorative justice approach. Keywords: Criminal Justice, the purpose of punishment, restorative justice
PANDANGAN KRIMINOLOGI TERHADAP RADIKALISME AGAMA
Get PDFViolence in recent years is quite apprehensive, whether done by individuals, communities and college students. So also religious radicalism emerged from small groups to large groups. These groups have one view, that the present government is a corrupt, dishonest, and fearful government against the West. So there needs to be a justification group that fights a fair, clean and capable country against the west. The institution that was fought was named Darul Islam. According to them Darul Islam has been able to form a clean and fair government. The groups in their movement are in the name of Islam for the support of the Islamic world. In developing their mission, they set up schools and mosques. As well as his regular activities of preaching from the mosque to the mosque. From the view of criminology, the movements are soft and hard. However non-physical. Thus from the view of criminology, they continue to commit violence.
Keywords: criminology, violence, religious radicalis
Peran lembaga peradilan sebagai institusi penegak hukum dalam menegakkan keadilan bagi terwujudnya perdamaian
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DEMOCRATIZATION OF NATURAL OIL AND GAS NATURAL RESOURCES MANAGEMENT FOR PEOPLE'S WELFARE
Get PDFOil and Gas is one of the natural resources (non-renewable) strategic nonrenewable controlled by the state and a vital commodity that dominate the lives of many people and has an important role in the national economy must be managed optimally provide prosperity and welfare for the people. However, the fact is that oil and gas management has not provided maximum benefit for the welfare of the community's life, due to the management of oil and gas resources which only emphasizes the dredging elementwithout accompanied by protection of community rights as well as countermeasures against the negative impacts of oil and gas activities for the surrounding community. The thing that must be done is to restore the people's sovereignty over oil and gas natural resources by rearranging the management of oil and natural gas by giving more portions to State-Owned Enterprises to manage oil and gas natural resources for the welfare of the people
PROBLEMATIKA EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA
Get PDFThe existence of the Administrative Court in the judicial system in Indonesia as a manifestation of the commitment of the state to provide legal protection of individual rights and the rights of the general public so as to achieve harmony, harmony, balance, and dynamic and harmonizing the relationship between citizens and the State. But the execution of the decision of the Administrative Court which have permanent legal force by the State Administration officials are not fully effective, although the mechanisms and the stages of execution has been carried out. Factors causing poor execution of the decision of the Administrative Court, among others; absence of rule of law that forced the officials to implement the State Administrative Court\u27s decision: the commandment of the judge\u27s decision that dare not include the forced payment of a sum of money when the state administration officials concerned did not implement the decision of the Court; factor and compliance officials in carrying out the State Administrative Court decision. Keywords: Execution, Judgment of the Court
PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System)
Get PDFEfforts to support the creation of an independent judiciary as a constitutional mandate in its development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcemen
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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