scholarly journals KETERBUKAAN INFORMASI DI PERADILAN DALAM RANGKA IMPLEMENTASI INTEGRITAS DAN KEPASTIAN HUKUM

2015 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Ridwan Mansyur

As a public institution in the field of justice, the Supreme Court is required to commit to apply the disclosure of information. Nowadays, transparency of information disclosure in the context of justice for the Supreme Court is not only the public needs but also the needs of all residents of the judiciary. With the judicial transparency, will slowly happen to strengthen accountability and professionalism and integrity of the judiciary residents. Commitment to provide disclosure of both the process and the end result is a concrete manifestation of public services as access to justice (access to justice) given by the Court at the lowest levels up to the Supreme Court.  Quality of excellent public services through the transparency of the judicial information disclosure is the estuary of execution Reform of Bureaucracy.Keywords : Information transparency, Judicial, Integrity and Legal Certainty

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Trubus Wahyudi

An effort to improve the quality of justice with a gender perspective on July 11, 2017 the Supreme Court of the Republic of Indonesia has issued PERMA Number 3 of 2017 concerning Guidelines for Judging Women Against the Law. In line with this study, researchers assume specifically the implementation of Perma Number 3 of 2017 is related to women dealing with law in divorce cases related to the protection of women's rights (ex-wife) along with children's rights due to divorce based on justice. the implementation of PERMA No. 3 of 2017 in the field of litigation duties in the Religious Courts. In the end, judges in trying women's cases dealing with the law must reveal factors based on principles: Appreciation for human dignity, Non-discrimination, Gender Equality, Equality before the law, Justice, Utilization, for the sake of legal certainty.


Author(s):  
Jorge FONDEVILA ANTOLÍN

Laburpena: Auzitegi Gorenaren (Lan Arloko Sala) 2019ko urtarrilaren 24ko 1067/2019 Epaiaren oinarri juridikoetan ageri diren hutsuneak eta hutsaltasunak aztertzen ditu lan honek. Izan ere, epai horren arabera, ez dago zertan Espainiako Konstituzioan eta Enplegatu Publikoaren Oinarrizko Estatutuan aurreikusitakoa bete, sozietate publikoetan enplegua eskuratzeko konstituzio-bermeari eta -kontrolari dagokienez. Horrek atzerapauso handia eragiten du berme juridikoetan, eta bide ematen die klientelismoari eta arbitrariotasunari. Resumen: Este trabajo examina las inconsistencias y deficiencias de la fundamentación jurídica del Auto 1067/2019, de 24 de enero de 2019 del Tribunal Supremo (Sala de lo Social), cuyo contenido supone una quiebra a la configuración de un empleo público profesional y objetivo, en un ámbito tan importante con el Sector público del conjunto de las administraciones públicas, que tiene una gran importancia en términos económicos y de número de efectivos personales en el conjunto de los servicios públicos. Así, al amparo del citado Auto, se declara la exención de sometimiento a las previsiones de la Constitución Española y del Estatuto Básico del empleado público con relación al control y garantías constitucionales en el acceso al empleo en las sociedades públicas, lo que supone un claro retroceso en las garantías jurídicas y una apertura al clientelismo y arbitrariedad, en detrimento de los derechos de los ciudadanos al acceso al empleo público, en condiciones de igualdad, mérito y capacidad. Abstract: This paper examines the inconsistencies and deficiencies of the legal basis of Order 1067/2019, of January 24, 2019 of the Supreme Court (Social Chamber), whose content implies a breakdown of the configuration of a professional and objective public employment, in such an important area with the public sector of all public administrations, which is of great importance in economic terms and given the number of staff in all public services. Thus, under the aforementioned Order, the exemption from subjection to the provisions of the Spanish Constitution and the Basic Statute of public employees is declared in relation to the control and constitutional guarantees in the access to employment in public societies, which is a clear setback in legal guarantees and an openness to clientelism and arbitrariness, to the detriment of the rights of citizens to access public employment, under conditions of equality, merit and capacity.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1685
Author(s):  
Bambang Ali Kusumo

AbstrakPembaharuan hukum pidana di Indonesia yang tertuang dalam konsep KUHP 2012 lebih mengedepankan nilai-nilai keseimbangan, khususnya keseimbangan monodialistik antara kepentingan masyarakat dan kepentingan individu. Nilai keseimbangan ini merupakan perwujudan nilai-nilai dari Pancasila dan UUD 1954. Adanya Nilai keseimbangan ini diharapkan dalam penegakan hukum pidana khususnya ditingkat pemeriksaan di pengadilan terwujud keadilan. Dalam pembaharuan hukum pidana ini sentral penegakan hukum pidana ada pada para hakim. Oleh sebab itu perlu menjaga kualiatas hakim baiktingkat kecerdasannya maupun integritasnya. Disamping itu perlu adanya peningkatan pengawasan terhadap hakim-hakim baik yang dilakukan oleh Mahkamah Agung, Komisi Yudisial dan masyarakat. Sehingga tidak terjadi mafia peradilan.Kata Kunci: Keseimbangan monodualistik, Kepentingan masyarakat dan Individu, Pembaharuan Hukum PidanaAbstractIndonesia penal reform conained in the concept of the Crimonal Code in 2012 put forward the values of balance, especialy monodualistic balance between the interest of society and personal. The value of this balance is the embodiment of Pancasila and the 1945 Constitution. Expected value on the balance in the ecforement of criminal law, especialy at the level of examination in a court of justice materialize. In penal reform, th ecentral penal is on the judges. Therefore it is necessary to maintain the quality of judges both in the level of intelligence and integrity. In addition, the need for increased scrunity of the gudges both in the supreme court, the Judicial Commision and the public. So the judicial mafia is terminated.Keywords: Monodualistic Balance, The Interest of Society and the personal, Criminal Law reform


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jorge Armando López-Lemus

Purpose The purpose of this paper is to identify the influence exerted by a quality management system (QMS) under ISO 9001: 2015 on the quality of public services organizations in Mexico. Design/methodology/approach The methodological design was quantitative, explanatory, observational and transversal, for which a sample of 461 public servants from the state of Guanajuato, Mexico was obtained. To test the hypotheses, a structural equation model (SEM) was developed through the statistical software Amos v.21. For the analysis of the data, software SPSS v.21 was used. Regarding the goodness and adjustment indices of the SEM (χ2 = 720.09, df = 320, CFI = 0.933, TLI = 0.926 and RMSEA = 0.05) which, therefore, proved to be acceptable. Findings According to the results obtained through the SEM model, the QMS under ISO 9001: 2015 is positively and significantly influenced tangible aspects (β1 = 0.79, p < 0.01), reliability (β2 = 0.90, p < 0.01), related to response quality (β3 = 0.93, p < 0.01), guarantees (β4 = 0.91, p < 0.01) and empathy (β5 = 0.88, p < 0.01) of the quality related to public services in Mexico. The study’s key contribution is that it discovered that implementing a QMS in accordance with the ISO 9001: 2015 standard has an impact on the quality of public services, with the most influential quality of response. Similarly, the assurance and dependability of service quality turned out to be important in providing public service quality. Research limitations/implications In this paper, the QMS was only evaluated as a variable that intervenes in the process of obtaining quality in public service under the ISO 9001 standard in its 2015 version. In this regard, the results’ trustworthiness is limited to the extent that the findings may be generalized in the state of Guanajuato, Mexico’s public service. As a result, the scientific community is left primarily focused on service quality to promote new future research. Practical implications The ISO 9001: 2015 standard’s QMS is one of the tools for success in both the commercial and government sectors. However, there are practical limitations, which focus on the time during which managers exercise their vision in the public sector: first, the dynamics that managers play in public policy; second, the length of time they have served in public office; and third, the interest of directors of public institutions to improve the quality of service provided by the government. Other practical consequences concern organizational culture and identity, public servant commitment, senior management or secretaries of government, as well as work and training. Originality/value The findings of this paper are important and valuable because they foster knowledge generation in the public sector through the ISO 9000 quality area. A model that permits the adoption and implementation of a QMS based on the ISO 9001: 2015 standard in public organizations that seek to provide quality in their services offered to the user is also presented to the literature. Similarly, the paper is important because there is currently insufficient research focusing on the variables examined in the context of public service in Mexico.


2020 ◽  
Vol 31 (3) ◽  
pp. 263-285
Author(s):  
Claudia Petrescu ◽  
Flavis Mihalache

Public services represent an important dimension of quality of society, as they create the contextual conditions for people to further their quality of life. Romanian public administration reform has brought about a constant institutional transformation, which has influenced both the specific features and the quality of the services. This article aims to analyse trends regarding the perceived quality of public services in Romania, in European comparative perspective, using the data of the European Quality of Life Survey (2003–2016). The article aims to understand the low satisfaction with public services in Romania against the background of the public service reform measures taken by government in this period. The article describes the context of Romanian public administration and public service reform, the most important public policy measures adopted and the most important challenges. The lack of vision in the public service reform, the partial introduction of reform elements, the permanent and, sometimes, conflicting changes are issues that may have influenced the way in which the population perceives the quality of public services. The decentralisation process of public services and the insufficient allocation of public funds for delivering such services at local level might have an impact on their quality and quantity perceived by the population. Keywords: public services; public administration reform; citizens’ satisfaction; New Public Management; New Weberianism.


2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.


2016 ◽  
Vol 12 (2) ◽  
pp. 284
Author(s):  
Nuriyanto Nuriyanto

Dynamic development of society, they want the public bureaucracy to be able  to provide the public services more professional, effective, simple, transparent, open, timely, responsive and adaptive. With excellent public service, to build a human quality in the sense  of  increasing  the  capacity  of  individuals  and  communities  to determine actively its own future. Actualization of democratic precepts in the public services delivery in Indonesia starting point on the importance of community participation ranging from formulating criteria for the services, how the delivery   of the services, arranging each engagement, public complaints mechanism set up   by the monitoring and evaluation of the implementation of the public services in order to co-together build a commitment to create quality of the public services. It’s all been contained in the Law 25 of 2009 on Public Services, certainly it has been based on the precepts of the democracy of Pancasila. Rembug of the public services as an actualization of the public services based on the democracy of Pancasila.


2020 ◽  
Vol 14 (1) ◽  
pp. 27-36
Author(s):  
Apandi Apandi

E-literacy and education are important components in improving the quality of human resources needed in an organization. The purpose of this study is to reveal the importance of e-literacy and public policy education. The State Civil Apparatus (ASN) requires e-literacy and education to improve performance results so that public services can be maximized. This becomes interesting research in the development of science-based on the real events that occur in Indonesia. Where so far, e-literacy and education is only intended for the public, especially millennial generation. The research method used is the study of literature where data is obtained through various secondary sources that are relevant to theoretically strengthen research results. The findings explain that e-literacy and education are effective and efficient strategies in overcoming budget constraints and low levels of ASN competence. With e-literacy and public policy education, it is hoped that the professionalism of the ASN bureaucracy will increase and the quality of public services will be better.


2017 ◽  
Vol 6 (3) ◽  
pp. 399
Author(s):  
Akmal Adicahya

Access to justice is everyone rights that have to be fulfilled by the government. The regulation number 16 year 2011 of legal aid is an instrument held by the government to guarantee the right. The regulation allowed the participation of non-advocates to provide the legal aid. Through this policy, government emphasizes that:1) Indonesia is a state law which legal aid is an obliged instrument; 2) the prohibition of non-advocate to participate in legal aid is not relevant due to inadequate amount of advocate and citizen seek for justice (justiciabelen), and the advocate is not widely extended throughout Indonesia; 3) Non-Advocates, especially lecturer and law student are widely spread; 4) there are no procedural law which prohibits non-advocate to provide a legal aid. Those conditions are enough argument for government to strengthen the participation of non-advocates in providing legal aid. Especially for The Supreme Court to revise The Book II of Guidance for Implementing Court’s Job and Administration.Keywords: legal aid, non-advocate, justice


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