scholarly journals Tugas dan Wewenang Komisi Yudisial Jawa Timur dalam Pengawasan Hakim Tindak Pidana Korupsi

2018 ◽  
Vol 3 (2) ◽  
pp. 277-306
Author(s):  
Nur Lailatul Musyafaah
Keyword(s):  
Court Judge ◽  
The Law ◽  
The Republic ◽  
To Receive

Abstract: The duty of the East Java Regional Judicial Commission in the supervision of a corruption court judge is to receive community reports and court monitoring. The court monitoring was conducted on two matters, court monitoring based on community reports and on the initiative of the East Java Judicial Commission. The authority of the East Java Regional Judicial Commission in the supervision of a corruption judge is only authorized to receive reports, annotations, inspections and monitoring of the court session. The observation, examination, and proposal of sanction are done by Central Judicial Commission. In a juridical perspective, the duties and authorities of the East Java Judicial Commission on the judges of corruption crime have been in accordance with Article 20 of the Law of the Republic of Indonesia Number 18 in 2011 on Amendment to Law Number 22 in 2004 concerning Judicial Commission. Keywords: East Java Judicial Commission, Judges, Corruption. Abstrak: Tugas Komisi Yudisial Penghubung Wilayah Jawa Timur dalam pengawasan hakim pengadilan tindak pidana korupsi adalah menerima laporan masyarakat dan pemantauan persidangan. Adapun wewenang Komisi Yudisial Penghubung Wilayah Jawa Timur dalam pengawasan hakim tindak pidana korupsi adalah Komisi Yudisial Penghubung Wilayah Jawa Timur hanya berwenang menerima laporan, anotasi, pemeriksaan dan melakukan pemantauan persidangan. Adapun pengamatan, pemeriksaan, pengusulan sanksi dilakukan oleh Komisi Yudisial Pusat. Dalam perspektif yuridis, pelaksanaan tugas dan wewenang Komisi Yudisial Penghubung Wilayah Jawa Timur terhadap hakim pengadilan tindak pidana korupsi telah sesuai dengan Undang-Undang Republik Indonesia Nomor 18 Tahun 2011 Tentang Perubahan Atas Undang Nomor 22 Tahun 2004 tentang Komisi Yudisial. Kata Kunci: Komisi Yudisial Penghubung Wilayah Jawa Timur, Hakim, Tindak Pidana Korupsi.

scholarly journals PROSPEK PERLINDUNGAN PENYANDANG DISABILITAS TERHADAP PERILAKU DISKRIMINATIF DI KOTA SEMARANG*

2015 ◽  
Vol 44 (3) ◽  
pp. 253
Author(s):  
Lita Tyesta ALW
Keyword(s):  
Equal Treatment ◽  
Specific Reference ◽  
Conceptual Approach ◽  
Persons With Disabilities ◽  
Discriminatory Behavior ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
To Receive

This research aims to determine the prospects of persons with disabilities protection against discriminatory behavior in Semarang. The research method is normative using the laws approach (statutory approach), and the conceptual approach (conceptual approach). Results of the study found that the government of Semarang have prospects in providing protection and fulfillment of the rights of persons with disabilitas of discriminatory behavior. Constitution of the Republic of Indonesia Act1945 does not set a specific reference on Disability, but set firmly and clearly regarding non- discrimination, equality before the law, and the right to receive equal treatment before the law throughout Indonesia.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

ANALISA YURIDIS HAK KEBEBASAN BERPENDAPAT BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 001
Author(s):  
Eddy Suwito
Keyword(s):  
Social Media ◽  
General Public ◽  
Legal Information ◽  
The Public ◽  
Harm To Others ◽  
The Law ◽  
The Republic

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.

ABOUT SOME CHANGES AND ADDITIONS TO ANTIMONOPOLY LEGISLATION (BY THE EXAMPLE OF THE REPUBLIC OF BELARUS)

2020 ◽  
Author(s):  
O.V. Sinyak
Keyword(s):  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
The Republic

The main changes and additions in connection with the entry into force of the new version of the Law are considered. The purpose of the new edition of the Law is to improve the norms of antimonopoly laws, taking into account the practice of its application, bringing them into line with international legal acts that make up the law of the Eurasian Economic Union

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

Administrative Reforms In The Republic Of Uzbekistan: Some Problems And Prospects

2020 ◽  
Vol 02 (12) ◽  
pp. 1-4
Author(s):  
Zoilboev Javlon Karimjon O‘G‘Li ◽  
Keyword(s):  
Comparative Analysis ◽  
Administrative Reforms ◽  
State Management ◽  
Administrative Procedures ◽  
The Law ◽  
The Republic

In this article analyzes the reforms carried out in the spheres of the system of state management bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies in recent years. The article also provides a comparative analysis of the new administrative-legal relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan “On administrative procedures”, and made prospective suggestions.

Soft Law Enforcement in the Nigerien Gendarmerie

2017 ◽  
Author(s):  
Mirco Göpfert
Keyword(s):  
Law Enforcement ◽  
Soft Law ◽  
The Law ◽  
The Republic

This chapter explores how gendarmes in the Republic of Niger, notwithstanding their aspiration for popular legitimacy, try to justify their actions, not to others, but to themselves. Civilians bring the stories of their problems to the gendarmes’ attention in the form of complaints. Whether a complaint turns into a case, and thus whether the gendarmes become active, depends on their appreciation of the complainant’s story and whether their ‘vocational ear’ is attuned to this story; and their vocational ear functions much more in terms of the material and moral gravity of the alleged offence, not in terms of the law.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

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