scholarly journals An Accommodation of the Younger Doctrine and the Duty of the Federal Courts to Enforce Constitutional Safeguards in the State Criminal Process

1976 ◽  
Vol 125 (2) ◽  
pp. 266
Author(s):  
Donald H. Zeigler
Keyword(s):  
Federal Courts ◽  
The State ◽  
Criminal Process

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.

scholarly journals The Constitutional Power and Relation of the State and Federal Courts

1909 ◽  
Vol 18 (3) ◽  
pp. 165
Author(s):  
J. C. Pritchard
Keyword(s):  
Federal Courts ◽  
The State

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

Commentary on "Planning for the State and Federal Courts": The Additional Problem of Federal Legislation

1992 ◽  
Vol 78 (8) ◽  
pp. 1883
Author(s):  
Robert F. Stephens
Keyword(s):  
Federal Courts ◽  
The State ◽  
Federal Legislation ◽  
Additional Problem

Stemming the Tide: Assisted Suicide and the Constitution

1995 ◽  
Vol 23 (4) ◽  
pp. 389-397 ◽  
Author(s):  
Carl H. Coleman ◽  
Tracy E. Miller
Keyword(s):  
Assisted Suicide ◽  
State Level ◽  
Federal Courts ◽  
The State ◽  
Equal Protection ◽  
State Court ◽  
State Laws ◽  
Equal Protection Clause ◽  
The Right

On November 8, 1994, Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. Indeed, in 1993, four states passed laws strengthening or clarifying their ban against assisted suicide. No doubt, Proposition 16 is likely to renew the effort to legalize assisted suicide at the state level.The battle over assisted suicide is also unfolding in the courts. Litigation challenging Proposition 16 on the grounds that it violates the equal protection clause is ongoing in Oregon. More significantly, three cases, two in federal courts and one in Michigan state court, have been brought to establish assisted suicide as a constitutionally protected right.

Introduction

2016 ◽  
Author(s):  
Nicholas R. Seabrook
Keyword(s):  
United States ◽  
State Government ◽  
Democratic Party ◽  
The United States ◽  
State Legislature ◽  
Federal Courts ◽  
The State ◽  
Electoral Support ◽  
First Time ◽  
Considerable Pressure

As the results of the 2002 election flashed across their television screens, Texas’s congressional Republicans could be forgiven for feeling a certain amount of dissatisfaction with the redistricting process in the United States. Their party had seen its share of the statewide vote in U.S. House elections increase from 49.8 percent in 1992 to 54.9 percent in 2002. Yet, even with this latest ten-point victory over the Democrats in the popular vote, they had once again failed to convert their increasingly dominant electoral support into a Republican majority in the state’s congressional delegation. A partisan gerrymander, passed in the wake of the 1990 Census and left largely intact by the district boundaries implemented by the federal courts following the 2000 Census, had allowed the Democratic Party to maintain its overall majority in the Texas delegation for more than a decade. The Democrats won twenty-one of Texas’s thirty seats in Congress in 1992, and managed to retain control of nineteen in 1994 and seventeen from 1996 to 2000, despite averaging just 45.8 percent of the two-party vote in these elections. In 2003, the Texas Republicans, armed for the first time with control of both houses of the state legislature and the governorship, undertook an unprecedented mid-decade redrawing of the state’s congressional boundaries. Though many Republicans in the state government were opposed to the idea of redrawing the district boundaries mid-decade, the effort was initiated under considerable pressure from Republicans in Congress, most notably House majority leader Tom DeLay (...

The Judicial Power in the State (And Federal) Courts

2000 ◽  
Vol 2000 ◽  
pp. 357-432 ◽  
Author(s):  
Adrian Vermeule
Keyword(s):  
Federal Courts ◽  
The State ◽  
Judicial Power

Planning for the State and Federal Courts

1992 ◽  
Vol 78 (8) ◽  
pp. 1849
Author(s):  
Edward B. McConnell
Keyword(s):  
Federal Courts ◽  
The State
Sign in / Sign up

Export Citation Format

Share Document