scholarly journals A Complex Condition of Justice in Indonesia: A Book Review ‘Bring Back Justice: Refleksi Kritis atas Isu-Isu Politik, Hukum, dan Keamanan’, M. Nasir Djamil, 2017, Merdeka Book, Jakarta, 224 Pages, ISBN 978-602-61116-2-3

2020 ◽  
Vol 1 (2) ◽  
pp. 279-282
Author(s):  
Ririn Rahmawati
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Poor People ◽  
Legal Certainty ◽  
Political Issues ◽  
The Poor ◽  
Complex Condition ◽  
Personal Opinion

The book entitled Bring Back Justice written by M. Nasir Djamil in 2017. This book explains the writer's personal opinion about justice and law enforcement in Indonesia. Because justice is currently hard to get for the weak people and lack of legal certainty over the rights of the poor people who have been deprived. In addition, this book also discusses about political issues in the State of Indonesia. The related institutions that were discussed in this book such as the KPK, DPR, judges, police and the Indonesian national army.

scholarly journals The Essence of in Absentia in The Examination of Corruption Cases

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 533
Author(s):  
I Made Suarnawan
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
The State ◽  
Legal Certainty ◽  
Financial Loss ◽  
General Philosophy ◽  
Serious Crime

The legal vacuum associated with in absentia examinations can benefit corruptors. Unprofessional law enforcement officers can help the suspect by providing opportunities or facilities for the suspect to escape in order to suspend the investigation. In the event where the investigation is suspended for this reason, then there would be no legal certainty and fairness in the effort to recover the financial loss of the State. Article 38 of the PTPK Law only applies in the examination of cases without the presence of the defendant in the trial. In Absentia is a suspect or defendant whose whereabouts is not known, does not present for the examination of the case or whom cannot be forced to be present in the trial. The general philosophy of in absentia examination in corruption cases is that criminal acts of corruption are not justified, as they result in detrimental loss of the country's finances or economy. In the essence, in absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as an effort to recover the country's financial and economy loss.

scholarly journals Kewenangan BPK dan BPKP dalam Menentukan Kerugian Keuangan Negara pada Perkara Korupsi

2021 ◽  
Vol 10 (2) ◽  
pp. 344
Author(s):  
I Made Fajar Pradnyana ◽  
I Wayan Parsa
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
The Republic ◽  
Financial Losses ◽  
Legal Entities

The purpose of this research is to describe the related authority possessed by the BPK and BPKP in determining state financial losses so that the judges who handle cases of corruption can use calculations from the institutions that have been mandated by the 1945 Constitution of the Republic of Indonesia in determining state financial losses in order to achieve legal certainty. The dualism of institutions in determining state financial losses results in overlapping powers which have an impact on the credibility of these institutions. This certainly affects practice in the field, one of which is legal certainty that is not guaranteed in implementing law enforcement against corruption, it is very possible that every agency that calculates losses incurred by the state uses different calculation techniques, and in the end, the reports given are also different. so that it can affect the performance of law enforcement agencies in dealing with allegations of corruption. The author uses the normative legal method in this research, through two kinds of approaches, namely statutory and conceptual. The results showed that the BPK authority as an independent institution to measure and determine state losses, whether committed by individuals or legal entities, while the BPKP authority as an institution under the president has the duty to ensure that the management of government state finances in the sense of the executive is good, so that the panel of judges handling criminal acts of corruption uses calculations from the national institution, namely the BPK which is mandated by the 1945 Constitution of the Republic of Indonesia. Tujuan dari penelitian ini yaitu untuk Menjabarkan terkait kewenangan yang dimiliki BPK dan BPKP dalam menentukan kerugian keuangan negara sehingga majelis hakim yang menangani kasus tindak pidana korupsi dapat menggunakan perhitungan dari Lembaga yang telah diamanatkan oleh UUD NRI 1945 dalam menentukan kerugian keuangan negara agar tercapainya kepastian hukum. Dualisme institusi dalam menentukan kerugian keuangan negara menghasilkan kekuasaan yang tumpang tindih yang berdampak pada kredibilitas institusi ini. Hal ini tentu mempengaruhi praktek di lapangan, salah satunya kepastian hukum yang tidak terjamin dalam menerapkan penegakan hukum terhadap tindak pidana korupsi, sangat memungkinkan bahwa setiap lembaga yang menghitung kerugian yang ditimbulkan negara menggunakan teknik penghitungan tidak sama, dan pada akhirnya, laporan yang diberikan juga berbeda sehingga dapat mempengaruhi kinerja lembaga penegak hukum dalam menangani tuduhan korupsi. Metode hukum normatif digunakan penulis dalam riset ini, melalui dua macam pendekatan yaitu perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa otoritas BPK selaku lembaga bersifat independen untuk mengukur dan menentukan kerugian negara baik yang dilakukan oleh seseorang ataupun badan hukum, sementara otoritas BPKP sebagai institusi yang berada di bawah  presiden yang bertugas untuk memastikan bahwa pengelolaan keuangan negara pemerintah dalam arti eksekutif sudah baik, sehingga majelis hakim yang menangani tindak pidana korupsi menggunakan perhitungan dari Lembaga nasional yaitu BPK yang diberikan amanat dari UUD NRI 1945.

scholarly journals “ANTI-CORRUPTION” RESTRICTIONS FOR PERSONS AUTHORIZED TO PERFORM THE FUNCTIONS OF THE STATE OR LOCAL SELF-GOVERNMENT: THE REALITIES OF THE USE OF THE “FILTER” OF LEGAL CERTAINTY IN UKRAINE AND FOREIGN COUNTRIES

2019 ◽  
pp. 84-89
Author(s):  
T. O. Kolomoiets
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Foreign Experience ◽  
Legal Standards ◽  
Foreign Countries ◽  
Broad Approach

The article substantiates the expediency of considering “anti-corruption restrictions” in relation to persons authorized to perform the functions of the state or local self-government in the aspect of compliance with the requirements of legal certainty in the use of their resource. Legal certainty (juridical security) is considered as an integral component of the rule of law, which combines the “substantive” (“quality” of the regulatory framework for using the resource of “anti-corruption” restrictions) and “procedural” (“quality” of law enforcement with respect to relevant restrictions) components that only collectively shape the phenomenon of legal certainty of “anti-corruption” restrictions. We consider appropriate to use a “broad” approach to understanding the legal certainty of “anti-corruption” restrictions, which combines the “substantive” and “procedural” legal certainty of corresponding restrictions, and enhancing the “quality” of anti-corruption legislation in terms of defining “anti-corruption” restrictions and the “quality” of its application practice makes it possible to increase the effectiveness of these restrictions as an anti-corruption “tool”. The “defects” of the “substantive” and “procedural” legal certainty of domestic “anti-corruption” restrictions are distinguished and compared with the “quality” of the corresponding components of the legal certainty of “anti-corruption” restrictions in foreign countries. Specific proposals are formulated to improve the “quality” of anti-corruption legislation in terms of fixing “anti-corruption” restrictions, the “quality” of anti-corruption enforcement practices (in terms of the terminological framework, the use of valuation concepts, techniques and technologies of anti-corruption rulemaking in the part of “anti-corruption” restrictions, law enforcement unification). The article substantiates the expediency of prudent borrowing of positive, tested by time and practice foreign experience of anti-corruption rulemaking and anti-corruption enforcement in the use of the resource of “anti-corruption” restrictions (minimization of evaluation provisions, extended conceptual series, duplication of criteria for determining limits of restrictions, minimization of blanket and referral standards, clarity and transparency of regulations, thematic generalizations of law enforcement practices) by which it is possible to ensure compliance of the “quality” of legal certainty of “anti-corruption” restrictions in Ukraine with international legal standards, consistency with foreign analogues as an effective anti-corruption “tool”.

scholarly journals Zakat Mal dalam Perspektif Hadis Maudhu'iy

2019 ◽  
Vol 11 (1) ◽  
pp. 151-184
Author(s):  
Hamzah Hamzah
Keyword(s):  
Poverty Reduction ◽  
Total Yield ◽  
The State ◽  
Poor People ◽  
Muslim Countries ◽  
The Poor ◽  
The Rich ◽  
First Time ◽  
Specific Amount ◽  
The Ideal

One of the major problems that the developing countries face is the lack of state revenues to cover all required expenses. Zakat is completely different from taxes, because it is a direct solution for poor people because it goes with the same type of property from the rich to the poor (not like the most of the poverty reduction programms which go in shape of projects for the poor), also Zakat has its own fixed resources and fixed legal channels of spending. Zakat is considered a form of charity that must be paid from a person`s wealth (when his/her wealth exceeds or reaches a “specific amount” of money (or othertypes of wealth like gold) So when the wealth reaches this level or (the specific amount ) the person who owns this wealth should pay a specific amount for the poor and this amount goes to the poor named Zakat. At the time of prophet Mohamed, he was sending the officials to collect money of Zakat, as it was mentioned for example , when he sent Muaaz Ibnu Jabal to govern Yemen, he ordered him to collect money of Zakat. Also in the time of the second gonernant in Islam (Khalifah). At the time of the third Khalifah Umar, where the state was expanded, Umar still interes ed in collecting Zakat but with a new way in terms of two perspectives, first collecting it from both outward and inward money, second by establishing “a Zakat organization” to be the ideal solution in dealing with Zakat. At the time of umar the revenues of Zakat became a huge amount, until Umar decided to give a salary for The periods after that the governants were not interested so much to collect Zakat by themselves and from the outward and inward money, because total toll became very huge so they decided to leave this mater up to the eligible Muslims to pay their Zakat, but in the later on periods of time the Muslims became less aware by the religious practises so the total toll of Zakat became less than periods of the prophet and Khalifah and not sufficient to satisfy the basic needs of the poor in the Muslim countries. To conclude from that, the best total yield of Zakat was happened when it was collected and distributed through an organization with a great attention from the leader of the state, so this paper will be describe about zakat persepective Hadis Maudu’ in the first time of Islam. 

Redistributing the Poor

2021 ◽  
Author(s):  
Armando Lara-Millán
Keyword(s):  
Criminal Justice ◽  
Urban Poverty ◽  
Fundamental Problem ◽  
Premature Death ◽  
The United States ◽  
The State ◽  
Public Hospitals ◽  
Poor People ◽  
Social Suffering ◽  
The Poor

This book argues that the changes taking place in the United States’ largest jails and public hospitals have been drastically misunderstood. And more generally, the way that states govern urban poverty at the turn of the twenty-first century has been misunderstood as well. It is widely believed that because US society has divested in public health, the sick and poor now find themselves subject to powerful criminal justice institutions. Rather than focus on the underinvestment of health and overinvestment of criminal justice, this book argues that the fundamental problem of the state is a persistent crisis between budgetary catastrophe and expansive new legal rules. Redistributing the Poor pushes the reader to think about the circulation of people for the purposes of generating absent revenue, absolving new legal demands, and projecting illusions that crisis have been successfully resolved. This book delves into the heart of the state: the day-to-day operations of the largest hospital and jail system in the world. It is only by centering the state’s use of redistribution that one can understand how certain forms of social suffering—the premature death of mainly poor, people of color—are not a result of the state’s failure to act, but instead are the necessary outcome of so-called successful policy.

scholarly journals Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values

2021 ◽  
Vol 3 (2) ◽  
pp. 235-244
Author(s):  
Choerul Amin
Keyword(s):  
The State ◽  
Poor People ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms. 

scholarly journals THE PATTERN OF ADEQUATE HOUSING RIGHTS FULFILLMENT IN INDONESIA

2018 ◽  
Vol 7 (2) ◽  
pp. 376
Author(s):  
Maria Madalina ◽  
Hari Purwadi ◽  
Adriana Grahani Firdausy ◽  
Achmad .
Keyword(s):  
Human Rights ◽  
Private Sector ◽  
The State ◽  
Human Existence ◽  
Poor People ◽  
Local Regulation ◽  
The Poor ◽  
Housing Rights ◽  
State And Society ◽  
Private Sector Involvement

<p>The fulfillment of adequate housing is the part of the fulfillment of human rights as stated in the constitution. The state can not  ignore and have to do it when he has the ability to comply the adequate housing for poor people.  Adequate housing is more than material it is correlated with the human existence, hence it is categorized as human rights. As part of human rights, the fulfillment of this adequate housing is need to be respect, comply, and protect either by the state and society. The state need to take part to the fulfillment of adequate housing for those who can not afford it. As the state have the capability to realize the adequate housing for the poor, they can not ignore the human rights unfulfillment.  This research focused on law guarantee recognition and the pattern of the adequate housing fulfillment in Indonesia. It is revealed that the pattern is correlated with the state political law which is the policy in the form of laws and local regulation that decided the direction, purpose, and the law substance in housing. Beside its society, the policy also need the private sector involvement, as a result the fulfillment of the adequate housing rights has to be done by the three party.</p>

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