scholarly journals NEGATIVE CORRELATION OF DIFFERENCE FORMULATION ON LEGAL STANDING IMPLEMENTATION OF JUDICAL REVIEW IN THE SUPREME COURT

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Kartono Kartono
Keyword(s):  
Supreme Court ◽  
Negative Correlation ◽  
Judicial Review ◽  
Legal Certainty ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Standing ◽  
The Supreme Court ◽  
The Law ◽  
The Right

Legal certainty in the form of legislation, among others, can be shown by the consistency of the formulation of legal norms with the sub ordinate regulations. Therefore, the study on the influence of different formulations of the norm in the implementation of the law needs to be done. Evidently, the different formulations of the norm of the applicant's position as a legal entity has the right to a judicial review against the decision of a negative correlation, ie, the emergence of disparity in the results of the trials. Event rigger rejection of either party litigants.Keywords: Judicial Review, Legal Certainty, the Supreme Court

scholarly journals LEGAL STANDING SERIKAT PEKERJA DALAM MENGAJUKAN GUGATAN PADA PENGADILAN HUBUNGAN INDUSTRIAL (STUDI KASUS : PELANGGARAN HAK CIPTA ATAS NAMA DAN LOGO SERIKAT PEKERJA PADA PUTUSAN NOMOR 7/G/2017/PHI.JMB JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 959 K/PDT.SUS-PHI/2017)

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Andari Yurikosari ◽  
Karina Hosea
Keyword(s):  
Supreme Court ◽  
Labor Unions ◽  
Industrial Relations ◽  
Legal Counsel ◽  
Legal Certainty ◽  
Legal Remedies ◽  
Legal Standing ◽  
The Supreme Court ◽  
Industrial Disputes ◽  
The Right

Based on Article 87 of UU Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and Article 25, 1 Letter b concerning Labor Unions, labor unions as legal counsel have the right to represent their members in the Industrial Relations Court. However, in practice, Industrial Court Judges and Supreme Court Judges (Decision Number 7/G/2017/PHI.Jmb and Decision of the Supreme Court Number 959 K/Pdt.Sus-PHI/2017) decide that the legal counsel of LBH KSBSI has no legal standing to represent workers at PT. Petaling Mandra Guna with the consideration that the legal counsel of LBH KSBSI has violated the copyright of name and logo (Decision Number 378-K/Pdt.Sus-PHI/2017). So that raises problems, how is the position of the union as a legal counsel related to the legal standing and  the legal efforts of the LBH KSBSI? From these problems, the authors examined the normative research method. The results of the study show that the Industrial Relations Court is not authorized to decide on cases of industrial disputes based on copyright infringement on the name and logo, because the problem is not its authority and competence. Regulations regarding restrictions on legal remedies are regulated in SEMA which do not include the type and hierarchy of legislation. It is better, LBH KSBSI immediately submit a legal action in the form of a new lawsuit, so as to obtain legal certainty and the legislature immediately includes provisions for limiting legal remedies at SEMA to UU  No. 2 of 2004 concerning Settlement of Industrial Relations Disputes.

STUDI KASUS PENETAPAN KEMBALI TARIF DAN/ATAU NILAI PABEAN (SPKTNP) OLEH DIREKTUR JENDERAL BEA DAN CUKAI: TINJAUAN PUTUSAN PENINJAUAN KEMBALI MAHKAMAH AGUNG RI

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Akhmad Firdiansyah ◽  
Wachid Hasyim ◽  
Yonathan Agung Pahlevi
Keyword(s):  
Qualitative Analysis ◽  
Supreme Court ◽  
Director General ◽  
Import Duty ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Law

ABSTRACT In accordance with the mandate of Article 23A of the 1945 Constitution, all tax stipulations must be based on the law. To carry out the mandate in accordance with Article 17 of the Customs Law Number 17 of 2006, the Director General of Customs and Excise is given the attributive authority to issue reassignment letter on Customs Tariff and / or Value for the calculation of import duty within two years starting from the date of customs notification carried out through a mechanism of audit or re-research. To examine the application of these legal norms, there are currently Supreme Court (MA) Judgment (PK) decisions that accept PK applications from PK applicants and question the legality of issuing SPKTNP by the Director General of BC. This study uses explosive qualitative analysis to analyze the issuance of SPKTNP by the Director General of BC. The results of this study indicate that the Supreme Court is of the view that the issuance of SPKTNP by the Director General of BC is a legal defect, while DGCE considers the issuance of SPKTNP by the Director General of BC according to the provisions.Key words: official decision, reassignment letter, DCGE  ABSTRAKSesuai amanah Pasal 23A Undang-Undang Dasar 1945 Segala penetapan pajak harus berdasar undang-undang. Untuk menjalankan amanah tersebut sesuai Pasal 17 Undang-Undang Kepabeanan Nomor 17 Tahun 2006 Direktur Jenderal Bea dan Cukai (Dirjen BC) diberikan kewenangan atributif untuk menerbitkan Surat Penetapan Kembali Tarif dan/atau Nilai Pabean (SPKTNP) guna penghitungan bea masuk dalam jangka waktu dua tahun terhitung sejak tanggal pemberitahuan pabean yang dilakukan melalui mekanisme audit atau penelitian ulang. Untuk meneliti penerapan norma hukum tersebut dewasa ini terdapat putusan Peninjauan Kembali (PK) Mahkamah Agung (MA) yang menerima permohonan PK dari pemohon PK dan mempermasalahkan legalitas penerbitan SPKTNP oleh Dirjen BC. Penelitian ini mengunakan analisis kualitatif eksplotarif untuk menganalisis penerbitan SPKTNP oleh Dirjen BC. Hasil penelitian ini menunjukkan bahwa MA berpandangan penerbitan SPKTNP oleh Dirjen BC adalah cacat hukum, sedangkan DJBC beranggapan penerbitan SPKTNP oleh Dirjen BC telah sesuai ketentuan.Kata Kunci: penetapan pejabat, SPKTNP, Direktur Jenderal Bea dan Cukai.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals ANALISIS KEABSAHAN KEPUTUSAN GUBERNUR JAWA TENGAH NOMOR 660.1/6 TAHUN 2017 TENTANG IZIN LINGKUNGAN KEGIATAN PENAMBANGAN DAN PEMBANGUNAN PABRIK PT SEMEN INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

2018 ◽  
Vol 1 (1) ◽  
pp. 1288
Author(s):  
Arief Hidayat ◽  
Ahmad Redi
Keyword(s):  
Social Justice ◽  
Supreme Court ◽  
The State ◽  
Legal Certainty ◽  
Central Java ◽  
The Supreme Court ◽  
The Law ◽  
Legal Force

The State of Indonesia is a State of Law. But, in fact the ideals of the idea of the State of Law that was built by developing the legal tool itself as a system that is functional and just to achieve community welfare and social justice has not been optimally done. This is reflected in the new Environmental Permit issued by Central Java Governor Ganjar Pranowo (No. 660.1 / 6 of 2017 on Environmental Permit for Mining and Construction Activities of PT Semen Indonesia Plant) is considered to have injured the ideals of the law itself. The new Environmental Permit is contradictory to the content of the Review Judgment issued by the Supreme Court (Supreme Court Verdict Decision Number 99 PK / Tun 2016), because in the ruling it ordered that the Governor Replace the old Environmental Permit, which was issued in 2012 and did not issue New Environmental Permit. The verdict contains the basis of judges' consideration in deciding cases that have reflected fairness and legal certainty. The result of the research on the validity of the Environmental Permit Decree on the Review Judgment issued by the Supreme Court concluded that the decree should be invalid because it is not in line with the decision of the court which has permanent legal force.

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

scholarly journals Private Prosecutions in Mauritius: Clarifying Locus Standi and Making the Director of Public Prosecutions more Accountable

2017 ◽  
Vol 10 (1) ◽  
pp. 1-34
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
African Countries ◽  
Locus Standi ◽  
Statutory Requirement ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Law ◽  
The Right

Case law shows that private prosecutions have been part of Mauritian law at least since 1873. In Mauritius there are two types of private prosecutions: private prosecutions by individuals; and private prosecutions by statutory bodies. Neither the Mauritian constitution nor legislation provides for the right to institute a private prosecution. Because of the fact that Mauritian legislation is not detailed on the issue of locus standi to institute private prosecutions and does not address the issue of whether or not the Director of Public Prosecutions has to give reasons when he takes over and discontinues a private prosecution, the Supreme Court has had to address these issues. The Mauritian Supreme Court has held, inter alia, that a private prosecution may only be instituted by an aggrieved party (even in lower courts where this is not a statutory requirement) and that the Director of Public Prosecutions may take over and discontinue a private prosecution without giving reasons for his decision. However, the Supreme Court does not define “an aggrieved party.” In this article the author takes issue with the Court’s findings in these cases and, relying on legislation from other African countries, recommends how the law could be amended to strengthen the private prosecutor’s position.

scholarly journals Was the Supreme Court right to change the law on the right to a speedy trial?

2017 ◽  
Vol 26 (3) ◽  
pp. 1
Author(s):  
Leonid Sirota
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Reasonable Time ◽  
Canadian Charter ◽  
The Supreme Court ◽  
The Law ◽  
The Right ◽  
Speedy Trial

In R v Jordan, the Supreme Court of Canada held, by a 5-4 majority and over the vigorous disagreement of the concurrence, that criminal prosecutions in which a trial does not conclude by a set deadline will be presumed to breach the right to be tried within a reasonable time, protected by section 11(b) of the Canadian Charter of Rights and Freedoms. The acceptable length of proceedings set out in the decision is of 18 months from the day charges are laid for cases that proceed without a preliminary inquiry, and 30 months otherwise. The Crown can still show that exceptional circumstances outside of its control have arisen and can explain — and excuse — a case taking longer than that, but unless it does so, a stay of proceedings will be the automatic consequence of such delay. Meanwhile, an accused will be able to show that delay below these ceilings is unconstitutionally unreasonable, but only by demonstrating not only that the delay is “markedly” greater than reasonable, but also that he or she diligently sought to have the case heard sooner.

scholarly journals MENAKAR PROGRESIFITAS LEMBAGA PERADILAN DALAM MEWUJUDKAN DEMOKRASI BERINTEGRITAS

2018 ◽  
Vol 12 (2) ◽  
pp. 2102-2117
Author(s):  
Alda Rifada Rizqi
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Legal Positivism ◽  
The People ◽  
The Supreme Court ◽  
The Will ◽  
The Law ◽  
Corrupt Behavior

Democracy with integrity will be realized if carried out in accordance with the will of the people as holders of sovereignty, the KPU (Komisi Pemilihan Umum) as the election organizer has the authority to make regulations that support a better democracy. KPU (Komisi Pemilihan Umum) Regulation No. 20 of 2018 as evidence that the KPU is committed to participating in preventing corrupt behavior. It was considered to have been considered as an effort to protect the interests of the people, but the regulation was submitted to a judicial review at the Supreme Court. Then, based on legal-formal considerations and based on the legal positivism of the Supreme Court, the request for the test is granted. The decision distanced itself from progressive legal values that justified the denial of what was regulated in legislation in order to put forward the values of public justice, because basically the law was made to fulfill human interests, accommodating the will of the people for the sake of order.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic 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.

scholarly journals Analisis Yuridis terhadap Legalitas Qanun Aceh No. 6/2014 tentang Hukum Jinayat

2018 ◽  
Vol 20 (1) ◽  
pp. 123-148
Author(s):  
Endri Ismail
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Judicial Review ◽  
Constitutional Law ◽  
National Legislation ◽  
Criminal Justice Reform ◽  
Unitary State ◽  
The Supreme Court ◽  
The Law

Penelitian ini berupaya memaparkan legalitas Qanun Aceh Nomor 6 Tahun 2014 tentang Hukum Jinayat (Qanun Jinayah) dalam konstruksi hukum tata negara Indonesia. Untuk menganalisis hal tersebut, penelitian ini akan meninjau legalitas Qanun Jinayah dari dua sudut pandang, yaitu formalitas pembentukan peraturan perundang-undangan dan konsep negara kesatuan. Qanun Jinayah menuai banyak perdebatan disebabkan kedudukannya sebagai peraturan daerah (perda) namun bermateri muatan pidana Islam (jinayah) yang sama sekali belum diatur dalam peraturan perundang-undangan di level nasional. Tahun 2015, Qanun Jinayah dilakukan uji materiil ke Mahkamah Agung oleh Perkumpulan Masyarakat Pembaharuan Peradilan Pidana (ICJR) namun permohonan uji materiil ini dinyatakan tidak dapat diterima dengan alasan prematur (belum waktunya). Analisis yuridis dari perspektif hukum ketatanegaraan ini penting dilakukan mengingat legalitas sebuah peraturan perundang-undangan menentukan validitas dan kekuatan berlakunya. Yuridical Analysis of the Legality of Qanun Aceh Number 6 Year 2014 on Jinayat Law This research attempts to describe the legality of Qanun Aceh Number 6 Year 2014 on Jinayat Law (Qanun Jinayah) in the construction of Indonesian constitutional law. To analyze it, this study will examine the legality of Qanun Jinayah from two perspectives, those are the formality of the formulation of legislation and the concept of a unitary state. Qanun Jinayah gets  a lot of debate because of its position as a Regional Regulation (Peraturan Daerah), but the material of Islamic criminal content (Jinayah) which has not been regulated in national legislation. In 2015, Qanun Jinayat is subjected to a judicial review to the Supreme Court by the Institute for Criminal Justice Reform (ICJR), but this petition is declared unacceptable on a premature reason (unspecified). Judicial analysis from the perspective of constitutional law is important to do due to the legality of a legislation determines the validity and strenght of the law.

Sign in / Sign up

Export Citation Format

Share Document