scholarly journals Optimization of Justice Institutions in Cancellation of Sharia Arbitration Decisions

2019 ◽  
Vol 6 (5) ◽  
pp. 250
Author(s):  
Munira Hamzah ◽  
Arfin Hamid ◽  
Famauri A. Tenri
Keyword(s):  
Secondary Data ◽  
District Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
General Terms ◽  
Qualitative Descriptive ◽  
Religious Courts ◽  
Arbitration Award

This study aims to examine and analyze the role of the judiciary in the cancellation of the Sharia Arbitration award as an alternative settlement of sharia economic disputes. This research uses a type of normative legal research and a law and conceptual approach. The data obtained both primary and secondary data are then analyzed using qualitative descriptive methods. The results of the analysis show that the judiciary has the authority to adjudicate requests to cancel the Sharia Arbitration decision, namely the Religious Courts as a forum that represents Islamic justice in Indonesia. With this authority granted, the Religious Courts have the authority to examine at the same time the substance of the reasons for canceling the Sharia Arbitration award which is included in a criminal act which, in general terms, is the authority of the District Court. Therefore, it is necessary to have an arrangement that reinforces the authority of the Religious Court in canceling the Sharia Arbitration award so that it can more effectively support the enforcement of the sharia economy.

scholarly journals Limitation of Application of Sharia Principles in Sharia Economic Dispute Resolution in Religious Courts

2020 ◽  
Vol 1 (1) ◽  
pp. 24
Author(s):  
Zaidah Nur Rosidah
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Secondary Data ◽  
Legal Basis ◽  
Literature Study ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Religious Courts ◽  
And Training

This paper aims to find the basis for the philosophical rationality of applying sharia principles in resolving sharia economic disputes in religious courts as well as the prerequisites required by religious court judges to apply sharia principles in resolving sharia economic disputes. The type of research used is normative legal research to find philosophical rationality and the institutionalization of sharia principles in resolving sharia economic disputes. The approach used is a conceptual approach. Secondary data were collected through literature study. The research results obtained first, the philosophical rationality of the application of sharia principles in sharia economic dispute resolution in line with the first and third principles of Pancasila. Second, the institutionalization of sharia principles becomes effective if there are prerequisites that must be met, firstly enough information for judges to understand sharia principles, secondly the obstacles that come from the judges themselves who are still oriented towards the flow of legism / positivism will have an effect on providing legal basis and third the speed of instilling the institutionalization of sharia principles can be done through education and training organized by the Supreme Court for Religious Court judges.

scholarly journals Judge's Role in Court to Eradicate Corruption According to Law Number 20 in 2001 (Study of Decision 16/PID.SUS.K/2011/PN.MDN)

2020 ◽  
Vol 3 (2) ◽  
pp. 1280-1288
Author(s):  
Rizkan Zulyadi
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Secondary Data ◽  
Electronic Media ◽  
District Court ◽  
The Internet ◽  
Legal Research ◽  
Research Techniques ◽  
Library Research

The main issues in this paper are as follows judge's role in court to eradicate corruption according to law number 20 in 2001 (Study of Decision 16/PID.SUS.K/2011/PN.MDN). This type of research is normative or normative juridical or library legal research which can be interpreted as legal research by examining library materials and secondary materials.The nature of this study is descriptive analytical.This research will be carried out by the researcher is Medan Disrict Court, having his address at Court Road No. 8 Medan Medan City, North Sumatera Province This research will be carried out by researchers starting in December 2018 until completion Data collection techniques are used in writing this essay are through library research techniques and also through the help of electronic media, namely the internet, and the method of data analysis conducted by the author is to use a normative legal approach that examines secondary data. The result shows that the role of the judge in an effort to eradicate corruption cases in the Medan District Court contained in the Decision Study 16/PID.SUS.K/2011/PN.MDN, namely to prosecute the process of corruption cases and impose corruption penalties with imprisonment during 2 (two) years 6 (six) months and a fine of Rp. 50,000,000 (fifty million rupiahs), provided that the fine is not paid, it must be replaced with imprisonment for 2 (two) months.

scholarly journals PELAKSANAAN TUGAS DAN WEWENANG HAKIM PENGAWAS DAN PENGAMAT PENGADILAN NEGERI DENPASAR DALAM PEMBINAAN NARAPIDANA

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
I Dewa Made Suartha
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Applicable Law ◽  
Special Fund ◽  
Qualitative Descriptive

How is the implementation of duties and authorities of supervisors andobservers judges of Denpasar District Court in founding the convict? What areobstacles that occur in implementation of duties and authorities of supervisorsand observers judges of Denpasar District Court in founding the convict? The method used in this research was empirical legal research. Itscharacteristic is descriptive.  The data sources that used are primary data,secondary data and tertiary data. The primary data / field data were obtained byinterviewing the relevant law enforcement officer that has been determined as asample. The secondary data were obtained of literature studies. The data wasanalyzed by qualitative descriptive analysis to get the vivid conclusion anddescription in discussing the problems in this research. Conclusions derived from this study include: implementation of duties andauthorities of supervisors and observers judges of Denpasar District Court infounding the convict are not running optimally in accordance with the legislationin force. The factor that obstruct are the numbers of supervisors and observersjudges of Denpasar District Court were not adequate, that was one person, therewas no special fund (Operational fund) and there were no strict sanctions forthose when they could not do the duties according to the applicable law; theycould only appeal to the law enforcement agencies / officers of Class IIADenpasar Penitentiary founding the convict.

scholarly journals The Role of the Supervision and Observation Judge on Guidance for Inmates

2020 ◽  
Vol 2 (2) ◽  
pp. 40-56
Author(s):  
Bunyamin Muhammad Yafid ◽  
Abd. Kahar Muzakkir
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Low Cost ◽  
Secondary Data ◽  
Class I ◽  
District Court ◽  
Primary Data ◽  
Legal Research

Judicial institutions, as law enforcement agencies in the Criminal Justice System, are a foundation of hopes for justice seekers, as based on Article 2 section (4) of Law No. 48 of 2009, regulates that “the Court is done simply, quickly, and at a low cost”. Therefore, this study aims to determine the implementation of the Supervision and Observation Judge's role and the obstacles that affect the Supervision and Observation Judge's performance in implementing Court Decisions in the Penitentiary. This study uses two types of research, namely normative legal research and empirical legal research. This research was conducted at the Makassar Class I Penitentiary and the Makassar Class IA District Court. The types of data used in this study include primary data and secondary data. The data that has been collected is then processed descriptively qualitatively. The results of the study concluded that the implementation of the role of the Supervision and Observation Judge in the implementation of the decision of the Makassar Class IA District Court at the Makassar Class I Penitentiary has not run optimally, because between The Supervision and Observation Judge and the Head of the Penitentiary rarely meet and discuss guidance issues for Inmates at the Penitentiary. The obstacles in implementing the role of the Supervision and Observation Judge at the Penitentiary include the problem of insufficient funds available for operational supervision and observation and the absence of special staff to assist the Supervision and Observation Judge in recording their Inmates. Therefore, more specific implementing regulations are needed to certify that the judgment is being properly executed and under the laws and regulations in Indonesia. Furthermore, there is a need for effective cooperation between the Supervision and Observation Judge and the Penitentiary Officers, who must always coordinate as one unit in an integrated Criminal Justice System.

Execution of Security Rights in Islamic Banking at The Religious Court of Purbalingga

2016 ◽  
Vol 1 ◽  
pp. 287-297
Author(s):  
Nita Triana
Keyword(s):  
Field Research ◽  
Economic Security ◽  
Islamic Banking ◽  
Actual Situation ◽  
Legal Research ◽  
Security Interest ◽  
Final Verdict ◽  
Islamic Economic ◽  
Religious Courts

This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in  the  Purbalingga  Religious  Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the  Structure  of  Purbalingga Religious Court  carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor  State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court  carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.

Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

2020 ◽  
Vol 5 (1) ◽  
pp. 22
Author(s):  
Yogi Maron ◽  
Ismansyah Ismansyah ◽  
Azmi Fendri
Keyword(s):  
Legal Theory ◽  
Secondary Data ◽  
Land Rights ◽  
The State ◽  
Land Acquisition ◽  
District Court ◽  
Primary Data ◽  
Prison Sentence ◽  
Ethics Code

<p align="center"> </p><p><em>As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang</em><em> </em><em>in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai</em><em> </em><em>Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the</em><em> </em><em>study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli</em><em> </em><em>Satria</em><em> </em><em>Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1</em><em>.</em><em>946</em><em>.</em><em>701</em><em>.</em><em>050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200</em><em>.</em><em>000</em><em>.</em><em>000 (two hundred million rupiahs)</em><em>.</em></p><p> </p>

KEWENANGAN PENGADILAN DALAM PEMBATALAN PUTUSAN ARBITRASE INTERNASIONAL DI INDONESIA

2017 ◽  
Vol 5 (2) ◽  
pp. 26
Author(s):  
Yuanita Permatasari ◽  
Pranoto ,
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
District Court ◽  
International Arbitration ◽  
Legal Research ◽  
Recognition And Enforcement ◽  
Materials Used ◽  
Legal Substances ◽  
Arbitration Award

<p>Abstract<br />This article aims to find out the recognition and enforcement of international arbitration award in Indonesia, as well as the authority of the courts in annulment the international arbitration award in Indonesia. This research is a normative and prescriptive legal research. The type and source of materials used is the source of secondary legal material. The legal substances used in this study are of two kinds, namely primary legal materials and secondary legal materials. The method of collecting legal materials in this study is obtained through assessment of existing libraries, books, law journals, and court awards. Based on the result of the discussion, it can be concluded: Firstly, the international arbitration award can be recognized and enforced if the award is registered and obtain an execution from the Central Jakarta District Court. International arbitration rulings can only be recognized and enforced if they full fil the conditions in Article 66 of Arbitration and Alternative Dispute Resolution law. Second, the international arbitration award is final and binding. However, in reality many international arbitration awards are requested for annulment to the Court in Indonesia.</p><p>Keywords: international arbitration award, annulment of international arbitration award, enforcement of international arbitration award</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui pengakuan dan pelaksanaan putusan arbitrase internasional di Indonesia, serta kewenangan pengadilan dalam membatalkan putusan arbitrase internasional di Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif bersifat preskriptif. Pendekatan yang digunakan penulis adalah pendekatan kasus. Sumber bahan hukum yang digunakan adalah bahan hukum primer dan bahan hukum sekunder, dengan teknik analisis bahan hukum menggunakan metode silogisme dan interpretasi dengan menggunakan pola berpikir deduktif. Berdasarkan hasil pembahasan dapat disimpulkan: Pertama, agar putusan arbitrase internasional dapat diakui dan dilaksanakan, maka putusan tersebut harus terlebih dahulu didaftarkan dan memperoleh exequatur dari Pengadilan Negeri Jakarta Pusat. Putusan arbitrase internasional hanya dapat diakui dan dilaksanakan apabila memenuhi syarat-syarat yang ditentukan dalam Pasal 66 Undang-Undang Nomor. 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa. Kedua, putusan arbitrase internasional bersifat final and binding. Sehingga, putusan arbitrase internasional tidak dapat diajukan upaya pembatalan putusan arbitrase. Namun, dalam realitanya banyak putusan arbitrase internasional yang dimintakan pembatalannya kepada Pengadilan di Indonesia.</p><p>Kata Kunci: putusan arbitrase internasional, pembatalan putusan arbitrase internasional, pelaksanaan putusan arbitrase internasional</p>

scholarly journals THE ROLES OF OTORITAS JASA KEUANGAN TO OVERCOME FICTIVE INVESTMENT BENGKULU CITY

2018 ◽  
Vol 3 (1) ◽  
pp. 41-53
Author(s):  
Herawan Sauni ◽  
Dimas Dwi Arso
Keyword(s):  
Task Force ◽  
Secondary Data ◽  
Empirical Approach ◽  
Primary Data ◽  
Research Report ◽  
Is Research ◽  
Qualitative Descriptive ◽  
Set Up

This research is purpose to know the role of Otoritas Jasa Keuangan in overcome fictitious investment in Bengkulu city and To know the efforts of Otoritas Jasa Keuangan to protect the consumers that take fictitious investment in Bengkulu city. This research uses empirical approach, that is research in the place by using interviews to get answers about the role of Otoritas Jasa Keuangan to overcome fictitious investment in Bengkulu city and the efforts of Otoritas Jasa Keuangan to protect consumers that has done fictitious investment in Bengkulu City. This research uses two types of data,that is primary data and secondary data. Then, its data to be analyzed in a research report that is qualitative descriptive. The results of the research is the role of Otoritas Jasa Keuangan to  overcome fictitious investment in Bengkulu City that is preventive and repressive efforts. The preventive efforts for example to socializing and educating people to alert investment and coordinating with law enforcers and other regulators. The repressive efforts, for example set up an Alert Investment task force in every area. Then the efforts of Otoritas Jasa Keuangan to protect consumers that have  fictitious investment in Bengkulu City is regulated in POJK Number 1 / POJK.07 / 2013 about Perlindungan Konsumen Sektor Jasa Keuangan

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

scholarly journals TanggungJawab Polri dalam Pengamanan Calon Kepala dan Wakil Kepala Daerah di Kota Denpasar

2021 ◽  
Vol 2 (3) ◽  
pp. 558-562
Author(s):  
Dimas Putra Wicaksana ◽  
Agung Anak Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Legal Research ◽  
Responsible Action ◽  
National Police ◽  
Article 5 ◽  
Security Procedures

The responsibility of the National Police in securing the candidates who will be elected as regional heads and also their deputy is a responsible action during the regional head elections, therefore the police apparatus is very important in maintaining security and order during the election. This study examines the form of security for candidates for regional heads and deputy regional heads in Denpasar City and explains the responsibility of the National Police for the security of candidates for regional heads and deputy regional heads in Denpasar City. The research method used is an empirical legal research method, with a statutory approach. The data used are primary and secondary data obtained by interview, observation and documentation techniques. The results of the study indicate that the security procedures for candidates who will be elected as regional heads and also their representatives in Denpasar City are referred to the rules implemented by the Denpasar Police and based on Article 5 paragraph (2) of Law No. 2 of 2002 concerning the Police. While the responsibility of the National Police for the security of candidates who will be elected as regional heads and also their representatives in Denpasar City is as the bearer of obligations, especially under the command of the Chief of Police, one of the main tasks of carrying out these obligations is the role of the Police as an intelligence unit in overcoming potential security disturbances.

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