scholarly journals PERMOHONAN UPAYA HUKUM PENINJAUAN KEMBALI KEDUA KALI BERBASIS KEADILAN DAN KEPASTIAN HUKUM MENUJU PEMBAHARUAN HUKUM ACARA PERDATA

2017 ◽  
Vol 29 (2) ◽  
pp. 189 ◽  
Author(s):  
Herri Swantoro ◽  
Efa Laela Fakhriah ◽  
Isis Ikhwansyah
Keyword(s):  
Legal Certainty ◽  
Law And Justice ◽  
Civil Procedures

AbstractCivil case request civil request limitation ratio legis could only be done once in order to create legal certainty as an effort to establish law and justice as law enforcer to maintain, enforce, and implement the norms in law. The concept of civil matters reconsideration petition settlement that promotes fairness and legal certainty in order to update the National Civil Procedures Law is second, to different parties in the case which request civil not yet conducted, the request civil is final and binding. Request civil is only allowed against yudex factie verdict and the application of the model through a combination of restriction and discreation procedural model.IntisariRatio legis pembatasan permohonan upaya hukum PK perkara perdata hanya dapat dilakukan satu kali demi mewujudkan kepastian hukum sebagai upaya pembentuk undang-undang dan peradilan sebagai penegak hukum untuk menjaga, menegakan dan menjalankan ketentuan norma dalam undang-undang. Konsep pengaturan permohonan PK perkara perdata berbasis keadilan dan kepastian hukum dalam rangka pembaruan hukum acara perdata nasional adalah pemberian PK kedua kepada pihak berbeda dalam perkara yang belum melakukan PK serta PK ini bersifat final dan mengikat, Peninjauan Kembali hanya diperbolehkan terhadap putusan judex factie dan penerapan model kombinasi antara pembatasan melalui model prosedural dan diskresional.

scholarly journals KEWENANGAN HAKIM TERHADAP ADANYA KETENTUAN PIDANA MINIMAL TERKAIT TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANGGOTA TNI (ANALISIS PUTUSAN NOMOR 108-K/PM.II-09/AD/IV/2015)

2019 ◽  
Vol 2 (1) ◽  
pp. 963
Author(s):  
Rizky Meidiawan ◽  
Sugandi Ishak
Keyword(s):  
Research Method ◽  
Current Practice ◽  
Research Data ◽  
Legal Certainty ◽  
Literature Study ◽  
Legal Problems ◽  
The Law ◽  
Law And Justice

One of the duties of the judge was to settle the case to sentence the perpetrators of the crime by saying that the defendant was acquitted or convicted based on at least 2 evidence and the judge based on the evidence was convinced that the error violated the article charged. The judge has the freedom to impose a sentence against the defendant who is not only fundamental to the provisions of the Law but also the judge can explore the values of law and justice in society. In the current practice, many judges have ruled below the minimum criminal provisions contained in an article as in the case of narcotics in this study. This cannot be blamed because the judge has the authority and freedom to make a decision, but this will certainly make legal certainty impossible. Legal problems in this research are how the authority of judges against the existence of a minimum punishment provision in narcotics crime and what constitutes the objective is stipulated by minimum punishment provisions. The research method taken is a normative juridical method, research data obtained through literature study and retrieval of decision files as a supplement. the results of the study show that judges may just make a decision under the minimum criminal provisions because the judge not only has to pay attention to legal certainty but also the purpose of other laws is to provide justice.

scholarly journals KEPASTIAN HUKUM MENGENAI PERBEDAAN ANTARA PUTUSAN MAHKAMAH AGUNG DAN PUTUSAN MAHKAMAH KONSTITUSI TERKAIT PENCALONAN PERSEORANGAN PESERTA PEMILU ANGGOTA DPD

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Rasji . ◽  
Cinthia .
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Ruling ◽  
Legal Basis ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Law And Justice

Indonesia is a country based on the law (rechstaat) whose basis is stated in Article 1 Paragraph (3) of the UUD NRI 1945. The essential principles of the rule of law based on Article 24 Paragraph (1) of the UUD NRI 1945 are the guarantee of the organizer of the power of an independent judicial institution without interference from other parties to hold a court to uphold law and justice. Ideally, the results of the two institutions' decisions do not cause problems in society. However, the results of the decisions of the two institutions are still found differently regarding the issue of nominating individual participants in the members of the Regional Representatives Council. Any other way, the results of the Constitutional Court ruling prohibited members of the Regional Representatives Council who were still in the position of administrators of political parties. Meanwhile, the decision of the Supreme Court allows candidates for members of the Regional Representatives Council who are still in the position of managing political parties. In this study, the researcher will examine the differences between the Supreme Court's decision and the Constitutional Court's decision regarding the nomination of individual participants in the Regional Representatives Council by using normative legal methods and conducting interviews as supporting data. The results of the study revealed that based on the legal basis and authority of the institution, the verdict that had legal certainty regarding the nomination of individual participants in the Regional Representatives Council election was the decision of the Constitutional Court.

scholarly journals Penguatan Dewan Etik dalam Menjaga Keluhuran Martabat Hakim Konstitusi

2016 ◽  
Vol 13 (4) ◽  
pp. 720
Author(s):  
Wiryanto Wiryanto
Keyword(s):  
Legal System ◽  
Code Of Ethics ◽  
Constitutional Court ◽  
Legal Certainty ◽  
The Public ◽  
Supervisory System ◽  
Ethical Violations ◽  
Law And Justice ◽  
Sense Of Justice

The Birth of the Board of Ethics of the Constitutional Judges cannot be separated from the effort to uphold a code of ethics and maintain of the dignity of the constitutional judges. Abuse of authority in the judiciary has led to the destruction of the legal system and the non-fulfillment of a sense of justice. Judicial mafias has destroyed the foundation of the authority of the judiciary and undermine the honor and dignity of judges, therefore it is necessary to take concrete measures to restore the authority of the judiciary and maintaining the honor of judges as the main pillars of the judiciary in enforcing law and justice. One concrete step is the need for strengthening the supervisory system of ethics against constitutional judges, the results of which will provide input to the Constitutional Court, whether the monitoring system of ethics against constitutional judges applied so far has been able to maintain the honor, dignity, and constitutional justices, and whether the system has provided legal certainty in its enforcement against violations of the Code of Ethics and Conduct of Constitutional Judges. Strengthening the role of the board of ethics of constitutional judges as guardians of constitutional judges dignity can be constantly improved by opening access to complaints from the public against allegations of ethical violations committed by constitutional judges.

22 Art. 20 GG: The Rule of Law

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Binding Force ◽  
State Activity ◽  
Administrative Agencies ◽  
Federal Constitutional ◽  
Law And Justice ◽  
Principle Of Proportionality

This chapter discusses the rule of law principle as articulated in Art. 20 of the Grundgesetz (GG). The rule of law may be formal or substantive. The formal conception of the rule of law applies primarily to technical and organisational safeguards which discipline state authority, such as separation of powers and the independence of courts. In contrast to the formal perspective, the idea of the ‘substantive’ rule of law principle also takes into account the substance and overall direction of state activity. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the principle of separation of powers and the requirement of the rule of law principle that administrative agencies act according to statutory laws. It then considers the principle of proportionality (the prohibition of excessiveness) and the binding force of law and justice on the courts before concluding with an analysis of the principle of legal certainty.

scholarly journals The Impact of Cases Termination Against Suspects Through Pretrial In The Process Of Investigating Tax Crimes

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Bambang Waluyo ◽  
Keyword(s):  
Criminal Procedure ◽  
Judicial Power ◽  
District Court ◽  
Legal Certainty ◽  
Criminal Sanctions ◽  
Procedure Code ◽  
Law And Justice ◽  
Article 50 ◽  
The Right ◽  
The Impact

There are various criminal acts or tax violations that can be punished to criminal sanctions. Hence, by the publication of the Criminal Procedure Code, abbreviated as KUHAP, a pretrial is formed to maintain the orderliness in the investigation and protect the suspect against the actions of investigators and public prosecutors that violate the law and harm the suspect. This research aims to find out and examine normatively the pretrial institution that has the authority to examine and adjudicate the application for termination the investigations submitted by the suspect. Also, to determine juridical considerations as the basis of the petition for the pretrial authority cases against the applications for termination of investigations submitted by the suspect. This research is a normative juridical research. The conclusion is obtained that pretrial is the authority of the district court to examine and make decision according to the method regulated in this law, regarding the legality of an arrrest and / or at the request of the suspect or his family or other parties on the power of the suspect and the legality of the termination of investigations or prosecution on requests for the sake of upholding law and justice. Furthermore, based on Article 50 of the Criminal Procedure Code and Article 4 section (2) of Law No 48/2009 concerning on Judicial Power, Article 50 of the Criminal Procedure Code and Article 4 section (2) concerning on Judicial Power that give the suspect or defendant the right so that his fate is not suspended and obtains legal certainty.

scholarly journals Konsep Keadilan dalam Perspektif Filsafat Hukum Islam

2015 ◽  
Vol 4 (02) ◽  
pp. 322-343
Author(s):  
Mahir Amin
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Legal Certainty ◽  
The Social ◽  
Law And Justice

Abstract: This article discusses about the concept of justice in the perspective of the philosophy of Islamic law. Philosophically, there are two formulations of justice: first, the view that what is meant by justice is a harmony between the use of right and obligation are in line with the implementation of the proposition of “the balance of law” or “the dose of right and obligation”; second, the view of the lawyers who formulate that justice is a harmony between legal certainty and proportionality of law. Justice, in Islamic law, is derived from the Most Just. It is because Allah SWT is the upholder of justice, then He must be believed not to apply unjust to His servants. The concept of justice, based on al-Shatibi’s maqasid al-shari’ah theory, is determined by the benefits which are divided into three, namely daruriyyat (necessities), hajiyyat (needs), and tahsiniyyat (luxuries). This indicates that Islam is concerned with the issue of justice. The conception of justice will continue to evolve in line with the social development. Construction of law and justice in Islam cannot be separated from morality and transcendental beliefs since these aspects are intertwined.Keywords: Justice, philosophy, law, Islam.

scholarly journals PROFESIONALISME HAKIM DALAM PENYELESAIAN PERKARA PERDATA ISLAM DI PENGADILAN AGAMA PROVINSI BANTEN

2019 ◽  
Vol 3 (2) ◽  
pp. 251-267
Author(s):  
Karmawan Karmawan
Keyword(s):  
Legal Certainty ◽  
Way Of Life ◽  
The People ◽  
The Law ◽  
Civil Cases ◽  
Law And Justice ◽  
Religious Courts

This study aims to analyze the professionalism of judges in religious courts in Banten province. Then this study also examines judges' decisions in accordance with the 1945 constitution based on Pancasila to realize a prosperous, safe, peaceful and orderly life order in the life of the people. In order to realize such a way of life and guarantee equality of citizens' position in the law, efforts are needed to uphold justice, truth, and legal certainty that are able to protect the community. In the context of upholding the law and justice of Islamic civil cases in the Banten provincial court, professionalism of judges is needed as a condition for judges to implement decisions in accordance with the values of truth and responsibility as fair judges. Professional judges can provide guidance for many people depending on the professionalism of the judge. For this reason, Islamic Shari'ah has placed the position of judge as a very noble position, to which he is given the freedom to do jihad in enforcing law and justice.

scholarly journals INTERPRETASI ‘KURANG LENGKAP’ BERKAS PENYELIDIKAN DALAM PERKARA DUGAAN PELANGGARAN HAK ASASI MANUSIA BERAT

2018 ◽  
Vol 11 (2) ◽  
pp. 227
Author(s):  
Hwian Christianto
Keyword(s):  
Human Rights ◽  
Attorney General ◽  
Case Study Research ◽  
Court Decision ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Case File ◽  
Criminal Procedure Law ◽  
Law And Justice

ABSTRAKPutusan Nomor 75/PUU-XIII/2015 atas permohonan pengujian Pasal 20 ayat (3) Undang-Undang Pengadilan Hak Asasi Manusia, memiliki aspek menarik terkait kepastian hukum dan keadilan. Pemohon menilai keberadaan istilah ‘berkas kurang lengkap’ dalam ketentuan a quo memberikan ketidakadilan karena tidak memberikan kepastian hukum. Sebaliknya, penyidik, dalam hal ini Jaksa Agung justu menganggap keberadaan rumusan tersebut memberikan kepastian hukum sekaligus keadilan yang dibutuhkan oleh pencari keadilan maupun masyarakat. Penelitian menggunakan metode penelitian studi kasus yang mendasarkan dokumen Putusan Mahkamah Konstitusi sebagai bahan hukum primer, dibandingkan dengan bahan hukum sekunder berupa teori hukum pidana dan hak asasi manusia. Hasil penelitian menunjukkan bahwa Putusan Nomor 75/PUU-XIII/2015 memberikan pertimbangan, bahwa pengaturan tersebut tetap konstitusional. Perbedaan pemahaman ini menunjukkan bahwa keberadaan berkas penyelidikan yang ‘kurang lengkap’  dapat dimungkinkan. Hal tersebut dianggap sebagai kondisi praktis penegakan hukum yang menekankan kehati-hatian dan persamaan di hadapan hukum.Kata kunci: berkas perkara, asas hukum acara pidana, constitutional rights, putusan hakim.  ABSTRACTConstitutional Court Decision Number 75/PUUXIII/2015 on the request for a judicial review of Article 20 paragraph (3) of Law on Human Rights Court has an interesting aspect related to the rule of law and justice. The Petitioner considered that the term ‘incomplete file’ in the quo provision raises a sense of injustice because it cannot bring legal certainty. Instead, the investigator, in this case the Attorney General considers the formulation can actually provide legal certainty as well as sense of justice needed by the justice seekers and the community. This analysis uses case study research method based on the document of Constitutional Court Decision as the primary law material compared with secondary law material in the form of criminal law theory and human rights. The results of the analysis show that the Constitutional Court Decision Number 75/PUU-XIII/2015 considers that the arrangement is still constitutional. This distinction of understanding suggests that ‘case file incomplete’ may be possible. It is regarded as the practical conditions of law enforcement that emphasize prudence and equality before the law.Keywords: case file, principles of criminal procedure law, constitutional rights, judge’s decision.

scholarly journals PERSPECTIVE OF RELIGIOUS JUSTICE IN THE FORMULATION OF PENAL REFORM

Cepalo ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 53-64
Author(s):  
Reski Anwar ◽  
Faisal Faisal ◽  
Rio Amanda Agustin
Keyword(s):  
Law Enforcement ◽  
Data Collection ◽  
Rule Of Law ◽  
Criminal Law ◽  
Secondary Data ◽  
Legal Certainty ◽  
Legal Practice ◽  
Penal Reform ◽  
Substantive Justice ◽  
Law And Justice

The perspective of justice from law enforcement is only on the law’s guidance, not based on God’s guidance that prioritizes substantive justice. The idea of religious justice contained in the renewal of criminal law there is Article 53 paragraph (2), with the provision reads in considering the establishment of law and justice as referred to in paragraph (1) there is a conflict that can not be met, the judge must prioritize justice. The recommendations are stated because the explanation of Article 53 paragraph (2) says that justice and legal certainty are two legal objectives that are often not in line with each other and difficult to avoid in legal practice. A rule of law that meets more legal certainty demands, the more likely aspects of justice are urged. Metode research used in this study is normative research, namely research on library materials that are essential data that is classified as secondary data that rests on data collection tools similar to literature studies or document studies. The results showed that if in the application of concrete events, justice and legal certainty are mutually urgent, then the judge, as far as possible, prioritizes justice over legal certainty. Religious Justice that exists in the value of Pancasila formulated into the renewal of criminal law justice contains a demand that people treat others following their rights and obligations. The treatment is not indiscriminate or compassionate; instead, everyone is treated equally under their rights and responsibilities.

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

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