scholarly journals Initiating Payment of Trafficking Restitution from a Victims Perspective

2021 ◽  
Vol 23 (1) ◽  
pp. 101-115
Author(s):  
Rina Melati Sitompul ◽  
Andi Maysarah
Keyword(s):  
Restorative Justice ◽  
Court Decision ◽  
Court Decisions ◽  
Thought Process ◽  
Legal Certainty ◽  
Perpetrators And Victims ◽  
Sense Of Justice ◽  
The Impact ◽  
Compensation Payments

The objective of this study was to offer policy concept ideas in fulfilling restitution for the victims in accordance with the required attainment of justice. Restitution related to the payment of costs charged to the person based on a court decision that has permanent legally enforceable for the costs suffered by the victim or heir. This study used a normative method using a statutory approach and a case approach. From the three court decisions and one trafficking case in the constabulary, the victim's comprehension of the legal handling experienced is sufficient to accommodate the victim's wishes in obtaining victim's rights. Conclusions are drawn through an inductive to deductive thought process. Of the three decisions reviewed, it proved that the application of restitution payments was not able to fulfill a sense of justice for the victim. In fact, in practice, the fulfillment of compensation payments is in the non-penal space, from the perspective of victim recognition, it is sufficient to accommodate their wishes and hopes for the fulfillment of the expected restitution rights. In order to provide legal certainty for victims of the fulfillment of restitution rights, a legal breakthrough is required. The diversion method as a confirmation of ensuring the payment of the victim's restitution right is an offer. The concept of diversion can be carried out with the limitation of the criteria for the impact experienced by the victim, and the legality of legality is determined through a court decision or decision, as legal achievement through restorative justice is able to restore conflicts from perpetrators and victims.

scholarly journals Inconsistent Constitutional Court Decisions Resulting in Uncertainty Regarding the Legal Dispute on Regional Head Election Results in Indonesia

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 317
Author(s):  
Saut Parulian Manurung
Keyword(s):  
The Other ◽  
Constitutional Court ◽  
Court Decisions ◽  
Regional Government ◽  
Judicial Activism ◽  
Constitutional Interpretation ◽  
Legal Certainty ◽  
Election Results ◽  
Sense Of Justice ◽  
The Impact

In Indonesia, the Constitutional Court is the sole interpreter and guardian of the constitution and the decision made by this Court is expected to meet a sense of justice, utility, and legal certainty. This paper argues that there is a contradiction between two decisions ruled by the Court resulted in inconsistent constitutional interpretations. Such inconsistency can be referred to the decision of the Constitutional Court Number 072-073/PUU-II/2004 declaring the Constitutional Court to have the power to adjudicate disputes over the results of regional head elections, while on the other hand, the decision of the Constitutional Court Number 97/PUU-XI/2013 ruled this institution no longer to adjudicate disputes over the results of regional head elections by revoking Article 236C of the revised Regional Government Act No. 12/2008. In doing so, this paper analyzes the impact of such contradictory decisions on uncertainty in the legal dispute regarding regional head election results. This paper concludes that such inconsistency was caused by the application of two different approaches: the first decision applied judicial activism and the latter considered judicial restraint. Keywords: Constitutional Interpretation, Judicial Restraint, Judicial Activism.

scholarly journals EKSISTENSI PENGADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA

2012 ◽  
Vol 1 (1) ◽  
pp. 35
Author(s):  
Ismail Rumadan
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Court Decision ◽  
Judicial Power ◽  
Legal Certainty ◽  
The People ◽  
Tax Court ◽  
Sense Of Justice

The existence of the tax court in Indonesia as a judicial institution that is specialy expected to play a role in resolving settlement of tax disputes for those seeking justice. However, its existence has not been in line with the justice system one roof in Indonesia as mandated by the 1945 Constitution. Tax court over a regime of taxation law, not a regime of law on Judicial Power. There is not an appeal or cassation resulting tax court decision does not reflect the lack of legal certainty and a sense of justice for the people seeking justice. These conditions lead to the control of the implementation of the Tax Court is very weak. Keywords: Tax Court, Justice System, Rule of Law, Justice.

scholarly journals Realization of res judicata principle in civil proceedings: the experience of foreign countries

2020 ◽  
pp. 220-225
Author(s):  
Tetiana Tsuvina
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Res Judicata ◽  
Foreign Countries ◽  
Negative Effect ◽  
The Subject

  The article is devoted to the analysis of res judicata as an essential element of the legal certainty. Res judicata is considered to be one of the main guaranties of the legal certainty principle in civil procedure which allows a stability of the court decisions in democratic society and increase the public confidence to judiciary.  The author analyzes national characteristics of the realization of the principle of res judicata in civil procedure of foreign countries. The author explores the preclusion effect of court decisions, highlighting two effects of the res judicata principle: positive and negative one. The negative effect of res judicata is aimed at preventing the re-consideration of identical disputes between the parties if the dispute has already been resolved by the court, in turn, the positive effect of res judicata allows the parties to refer to circumstances that have already been established by a court decision in the dispute between them, in new proceedings, where they are involved. It is concluded that there are significant differences in the understanding of this principle in common law and civil law legal systems. The common law countries have a broad understanding of the res judicata principle, which includes positive and negative effects, and is implemented through such institutions as the claim preclusion and the issue preclusion. Civil law countries follow a narrow approach to understanding of res judicata principle, which is limited only by the negative effect and is reflected in the claim preclusion, which blocks filing an identical claim if there is a final court decision on the dispute between the parties. In common law jurisdiction there is a wider conception of the “claim”, according to which it is understood in the context of entire dispute and comprise all claims based on the legal relationship between the parties, whether or not they were the subject of court proceedings. At the same time in civil law countries identity of the claims can be notified with the help of the triple identity test, which contains the identity of the subject of the claim, the identity of the cause of action and the identity of the parties of the claim.

scholarly journals The Replacement of Criminal Fine in Criminal Taxation

Yuridika ◽  
2019 ◽  
Vol 35 (1) ◽  
pp. 113
Author(s):  
Putri Ayu Wulandari ◽  
Mochammad Zaidun
Keyword(s):  
Law Enforcement ◽  
Legal Issues ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Principles ◽  
Legal Reforms ◽  
Law Enforcement Officials ◽  
Legal Uncertainty ◽  
Financial Losses

The absence of provisions regulating the substitution of criminal fines in the KUP Law, raises legal uncertainty for law enforcement officials, especially prosecutors in executing court decisions. Considering the recovery of state financial losses that can be resolved by the consistency of court decisions, so the provisions in the KUP Law must meet the legal principles in criminal fines in criminal taxation acts. By not clearly stipulated the substitution of criminal fines in the KUP Law raises legal uncertainty. While substituting criminal fines in the KUP Law is only in the form of imprisonment. In practice, there are several forms of court rulings, there are substituting criminal fines with imprisonment, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes if the convicted person does not have property that is adequate then replaced with imprisonment. The formulation of the legal issues in this study are: (1) the philosophy of substituting criminal fines in criminal acts in the taxation field, (2) Characteristics of substitution of criminal fines in criminal acts in the taxation field. The results of this study are expected to have a conceptual and legal reforms related to substituting criminal fines in criminal acts in the taxation field, so as to ensure legal certainty, justice and benefit, then the replacement of criminal substitute fines in criminal acts in the taxation field must be included in court decisions and followed up with execution of court decision by the Prosecutor as the executor.

scholarly journals Reconstruction of the Diversion Concept in a Child Criminal Jurisdiction System Based on Dignified Justice

2021 ◽  
Vol 5 (1) ◽  
pp. 104-112
Author(s):  
I Nyoman DIPA RUDIANA ◽  
I Ketut RAI SETIABUDHI
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Retributive Justice ◽  
Legal Certainty ◽  
Criminal Jurisdiction ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

The renewal of the orientation of punishment for children in conflict with the law from a retributive justice approach to restorative justice is a good start for efforts to restore a victim-oriented situation by giving the perpetrator the opportunity to express his regret to the victim with the concept of diversion. However, not all cases of children are entitled to diversion. In accordance with Article 7 paragraph (2) of the SPPA Law, the requirement for diversion is a criminal act punishable by imprisonment of under 7 (seven) years and not a repetition of a criminal act. Meanwhile, criminal acts that are punishable by more than 7 (seven) years and repetition of criminal acts are not entitled to diversion. The concept of diversion and the terms of diversion are interpreted very narrowly so that they do not reflect dignified justice. The law cannot only regulate legal certainty. The law must provide a sense of justice with dignity and justice that humanize humans. This writing aims to determine the concept of diversion of the juvenile criminal justice system based on dignified justice. The type of research used is literature, the nature of this research is descriptive, the results of the research are the reconstruction of the concept of diversion based on dignified justice must be reconstructed by expanding the concept of diversion so that every child without exception has the right to get diversion.

scholarly journals Returning the Name of Certificate of Property Right based on Judge Decision in the Regency Indragiri Hulu, Riau Province

2021 ◽  
Vol 8 (8) ◽  
pp. 263
Author(s):  
Hendra Roza ◽  
Kurnia Warman ◽  
Muhammad Hasbi
Keyword(s):  
Competent Authority ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Transactions

In order to support land registration in accordance with the rule of law, it is necessary to take legal action that can be useful for people who want to transfer names to land transactions such as buying and selling grants and others, so as to provide legal certainty in society, and the names of people. which has obtained land can be listed in the certificate, one of the changes in the name of the land certificate can occur due to a court decision, where the applicant can request the court to order the Land Office to change the name of the applicant, therefore it is necessary to see how the mechanism of transfer of name is court ruling. In this study, the formulation of the problem is formulated, namely: 1. How is the process of changing the name of the certificate of title to land based on the judge's decision in the Indragiri Hulu district, Riau province, case study number: 42/Pdt.G/2017/PN.Rgt? 2. What is the Mechanism of Registering Land Rights Based on the Judge's Court Decision? The theory used in this research is the theory of legal certainty and the theory of authority. The method used in this thesis is a normative juridical approach, the data sources are primary, secondary and tertiary legal materials. The results of the research obtained are that the procedure for the transfer of title to ownership certificates 42/Pdt.G/2017/PN.Rgt at the Land Agency Office of Indradiri Regency, namely: takes 20 days. The mechanism for registering land rights based on court decisions, in this case district court decisions, is more casuistic in nature and depends on the court's decision itself. The interpretation of the competent authority is needed in making decisions regarding the determination of procedures (Issuance, Transfer and/or cancellation of rights) and the legal basis used (PP No. 24 of 1997 or Regulation of the Head of BPN No. 3 of 2011) to carry out land registration based on the court's decision , while the registration of land rights based on the Decision of the State Administrative Court is simpler and more focused than the registration of land based on the Decision of the District Court (Civil).

scholarly journals The Investigation Process Prevention And Eradication Of Narcotics Investigator To The Criminal Abuses By Police

2018 ◽  
Vol 1 (2) ◽  
pp. 433
Author(s):  
Ali Murtadho
Keyword(s):  
Law Enforcement ◽  
Advanced Technology ◽  
Legal Certainty ◽  
Modus Operandi ◽  
Criminal Offense ◽  
Health Damage ◽  
Sense Of Justice ◽  
The Impact ◽  
Investigation Process ◽  
Illicit Traffic

Narcotics abuse is a transnational crime that is done by using a high modus operandi, advanced technology, and supported by jarigan organized. Narcotics are also considered an extraordinary crime because of the impact and the dangers posed to health damage as well as disorders of the nervous system of human, narcotics on one side are the drugs or substances that are useful in the field of medicine and the development of science and on the other hand can cause dependence highly detrimental if abused. Therefore, it is necessary to prevent and fight against the crime of abuse in the illicit traffic of Narcotics. Given the extraordinary crime then categorized the crime of Narcotics regulated more specifically in the Narcotics Act No. 35 of 2009 on Narcotics. In the prevention and eradication of Narcotics Police have an important role in it. In addition to enforcing the law, the police are also expected to minimize the prevention and guidance prior to the crime of Narcotics. As a form of law enforcement committed the offenses Police Narcotics abuse is to take action in the form of an investigation. Intent and purpose of the investigation is done to make light of a criminal offense to known suspects and to provide legal certainty and a sense of justice to citizens.Keywords: Process; Investigation; Eradication; Narcotics; Police.

scholarly journals KEADILAN RESTORATIF SEBAGAI KRITIK INHEREN TERHADAP PENGADILAN LEGAL-KONVENSIONAL

2013 ◽  
Vol 2 (2) ◽  
pp. 141
Author(s):  
S. Atalim
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Future ◽  
Legal Uncertainty ◽  
Court Proceedings ◽  
Sense Of Justice ◽  
Court Process

<p>Perkembangan masyarakat yang semakin ‘menghakimi’, penerapan proses pengadilan formal-konvensional atas perkara kejahatan yang tidak melibatkan korban kecuali pelaku, dan putusan pengadilan formal yang tidak sesuai dengan keinginan korban dan pelaku, melahirkan wacana dan praktek penerapan keadilan restoratif dalam menyelesaikan perkara pidana kejahatan. Keadilan restoratif ingin menegakkan nilai-nilai yang hilang dalam proses pengadilan formal yakni pengakuan atas martabat hak-hak korban dan pelaku, menekankan dialog, komunikasi,kejujuran, tanggung jawab, kesadaran akan <br />kesalahan, dan kesempatan untuk memperbaiki diri di masa depan. Penerapan prinsip-prinsip keadilan restoratif ini tidak semestinya dilakukan di luar proses pengadilan formal-konvensional yang sudah ada karena semakin menyuburkan ketidakpastian hukum. Muncul dan semakin berkembangnya praktek penerapan prinsip-prinsip keadilan restoratif merupakan kritik inheren terhadap proses pengadilan legal-konvensional yang belum memenuhi rasa keadilan masyarakat, terutama kepentingan korban, pelaku, dan masyarakat. Kritik ini merupakan kesempatan bagi aparat penegak hukum untuk semakin mewujudkan keadilan dan kepasƟ an hukum yang tercermin tidak saja pada proses (prosedural) melainkan juga pada putusan yang adil (hasil).</p><p><em>The development of society 'judging' to the application of formal court proceedings for criminal cases that only involving the perpetrator, resulting in verdict that are not accomodaƟ ng the wishes of the victim and the perpetrator. This raises the discourse and the application of restoraƟ ve justice practices in solving criminal cases. RestoraƟ ve justice wants to uphold the values that are lost in the formal court process, namely the recognition of the dignity of the rights of victims and perpetrators, emphasizing dialogue, communication, honesty, responsibility, awareness of errors, and the opportunity to improve themselves in the future. The application of the restoraƟ ve justice principles should not be done outside the formal court process because it creates legal uncertainty. The emergence and the growing practices of restorative justice </em><br /><em>principles application is an inherent critique of the conventional court processes that do not meet society's sense of justice, especially the interests of the victim, perpetrator, and community. This criticism is an opportunity for law enforcement agencies to bring about justice and legal certainty that is refl ected not only in the process (procedural) but also on a fair decision (outcome).</em></p>

scholarly journals Fungsi Pengawasan Hakim Pengawas dan Pengamat terhadap Pembinaan Warga Binaan

2019 ◽  
Vol 1 (2) ◽  
pp. 77-88
Author(s):  
Elvi Susanti
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Social Reintegration ◽  
Legal Force

Penelitian ini bertujuan untuk menganalisis fungsi pengawasan hakim terhadap putusan pengadilan. Penelitian didasari pada bahwa pengawasan pada tahap pelaksanaan putusan dalam sistem peradilan pidana dapat dilakukan setelah adanya putusan pengadilan yang telah berkekuatan hukum tetap (incraht). Metode Penelitian yang digunakan adalah metode penelitian normative. Hasil penelitian menunjukkan bahwa Fungsi pengawasan hakim pengawas dan pengamat (Kimwasmat) terhadap pembinaan warga binaan (Wabi) adalah memberikan kepastian terhadap jaminan perlindungan hak asasi warga binaan (Wabi); memberikan jaminan kepastian hukum terhadap pelaksanaan putusan hakim; jaminan pembinaan warga binaan (Wabi) dalam rangka reintegrasi sosial di masyarakat This study aims to analyze the supervisory function of judges against court decisions. The research is based on the fact that supervision at the stage of implementation of the verdict in the criminal justice system can be carried out after the existence of a court decision that has permanent legal force (incraht). The research method used is a normative research method. The results of the study showed that the function of supervising supervisors and observers (Kimwasmat) towards fostering the assisted citizens (Wabi) was to provide assurance of the guarantee of the protection of the human rights of the assisted people (Wabi); provide legal certainty against the implementation of judges' decisions; guarantee of fostering fostered citizens (Wabi) in the context of social reintegration in the community.

scholarly journals Analysis on Non Muslim Heir Position Towards the Inheritance of Muslim Testator in Indonesia

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 389
Author(s):  
Tonic Tangkau ◽  
Daniel Julian Tangkau ◽  
Prawitra Thalib ◽  
Xavier Nugraha ◽  
Windy Agustin
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Court Decisions ◽  
Inheritance Law ◽  
Positive Law ◽  
The Republic ◽  
The Many ◽  
Sense Of Justice

Article 171 section c the Compilation of Islamic Law which was ratified through the Presidential Instruction of the Republic of Indonesia Number 1 of 1991 stressed that one of the conditions for heirs in Islamic inheritance law is Mulsim. In its development, the requirement of the Islamic religious obligation is deemed not to provide justice, this can be seen from the many complaints filed by the community to the court. Based on this background, the formulation of the problem in this study is Firstly position of Non-Muslim Inheritance of Islamic Inheritance Inheritance according to positive law in Indonesia Secondly, to find out the position of Non-Muslim Inheritance Against Islamic Inheritance Inheritance from various court decisions in Indonesia. This research is a juridical research, with a statutory, conceptual, and case approach. The results of this study indicate, that First, according to positive law in Indonesia, Non-Muslim Heirs are not entitled to Islamic Inheritance. Secondly, in its development, to fulfill the sense of justice in the community, the judge in Indonesia, decided that the Non-Muslim heirs, although not entitled to become heirs, were still entitled to the inheritance of the Islamic heirs through the obligatory wills. This can be seen from the various court decisions that exist, such as Supreme Court Decision Number 368 K/AG/1995, Supreme Court Decision Number 51 K/AG/1999, Supreme Court Decision Number 16 K/AG/2010, and Supreme Court Decision No. 331 K/Ag/2018

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