scholarly journals Legal Uncertainty of Islamic Personality Principle by Supreme Court Circular Letter Number 8 Year 2010

2017 ◽  
Author(s):  
Rahadi Wasi Bintoro ◽  
Tedi Sudrajat
Keyword(s):  
Supreme Court ◽  
Circular Letter ◽  
Legal Uncertainty

scholarly journals KEDUDUKAN ANCAMAN PIDANA MINIMAL DALAM UNDANG- UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA PASCA DIKELUARKANNYA SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2015

2018 ◽  
Vol 3 (1) ◽  
pp. 19-32 ◽  
Author(s):  
Ari Iswahyuni
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Community Norms ◽  
The Supreme Court ◽  
Circular Letter ◽  
Increasing Trend ◽  
Narcotics Trafficking ◽  
Legal Uncertainty ◽  
Illicit Trafficking

The problem of narcotics abuse and illicit trafficking in Indonesia shows an increasing trend, already very alarming and endangering the lives of people, society and nations. It is necessary to prevent and eradicate the abuse and illicit trafficking of narcotics in Indonesia, which includes a comprehensive multi-dimensional synergistic effort, to achieve maximum results. This effort is carried out gradually, consistently and continuously until it reaches the condition of Indonesia which is free from abuse and illicit narcotics trafficking even though still found a challenge and many obstacles related law enforcement Indonesia.  Some cases illustrate the difficulty of law enforcers / practitioner looking for ways to make laws appear in line with community norms. This is addressed by the Supreme Court as a judicial body by issuing legal products in the form of Circular Letter of the Supreme Court (SEMA) Number 3 - Year 2015, with the aim of filling a legal void. However, this step leads to confusion and legal uncertainty because the contents of the SEMA are contrary to Law No. 35 of 2009 about Narcotics.

scholarly journals DIMENSION OF WHISTLEBLOWING SYSTEM: URGENSITY OF LEGISLATION STRENGTHENING

2019 ◽  
Vol 8 (3) ◽  
pp. 371
Author(s):  
Bobby Briando ◽  
Sri Kuncoro Bawono ◽  
Tony Mirwanto
Keyword(s):  
Supreme Court ◽  
Good Governance ◽  
Legal Protection ◽  
Three Dimensions ◽  
Circular Letter ◽  
Victim Protection ◽  
The Government

Eradication of corruption in Indonesia is still the main agenda of the government in building good governance. One method to expose corruption is to use a whistleblower role that can help find the criminal mode of corruption. Whistleblower mechanism is divided into three main dimensions: Human, Structure and Process. But in practice whistleblower reporters in corruption cases in Indonesia have not received maximum legal protection. In Indonesia the normative regulation governing pursuant to Law No.13 of 2006 concerning Witness and Victim Protection as well as Supreme Court Circular Letter (SEMA) No.4 Year 2011 on Treatment of Criminal Reporting and Witness of Actors Cooperation The results show that from three dimensions of whistleblower system still does not yet have binding legislation. Whistleblower reporters only accept lightening relief. Specific whistleblower legislation is urgent. In legislation, at least, it should be in accordance with Whistleblower's protection.

scholarly journals The Meaning of Scientifi c Instruments of O.A. Zhidkov for the Development of Legal American Studies

2021 ◽  
Vol 4 ◽  
pp. 16-20
Author(s):  
Vladimir N. Safonov ◽  
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
American Studies ◽  
Common Law ◽  
Constitutional Rights ◽  
Sociological Jurisprudence ◽  
History Of ◽  
History Of Law ◽  
Legal Uncertainty

Author focuses attention on achievements Oleg Zhidkov. He uses different methods and investigating instruments, especially history of law and sociological jurisprudence. Oleg Zhidkov distinguishes common law and constitutional doctrines as main features instruments of U.S. Law. Common Law is technique of judicial thinking and base of interpretation with using procedural principles. U.S. Supreme Court introduce common law’s techniques for achieving new goal, protection new constitutional rights and public interest. By opinion of author problem of this approach legal uncertainty is doctrinal interpretation by Supreme Court.

scholarly journals KAJIAN YURIDIS TERHADAP PENEGASAN HIEARAKI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DALAM PERSPEKTIF STUFEN THEORIE

2017 ◽  
Vol 9 (2) ◽  
pp. 95
Author(s):  
Muhammad Yusrizal Adi Syaputra
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
State Institutions ◽  
Binding Force ◽  
The Supreme Court ◽  
Legal Uncertainty

Rule lower against the rules of higher then lower regulation it can test the material (judicial review) to be canceled entirely or partially canceled. The assertion of hierarchy intended to prevent overlap between legislation that could give rise to legal uncertainty. Position regulations set by the People's Consultative Assembly (MPR) House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Supreme Audit Agency (BPK), Commission Judicial (KY) , Bank Indonesia (BI), the Minister, the Agency, Organization, or commissions, in the Indonesian legal system recognized by Act No. 12 of 2011 either were born because of higher regulatory mandate and within the scope and authority of the minister. Thus, no doubt that the regulations set by state institutions, have binding force that must be obeyed by the parties set forth therein. While the Regulations issued policy also recognized as an Freies Ermessen in the execution of its duties and functions.<br /><br />

scholarly journals KEBERLAKUAN ASAS NE BIS IN IDEM TERHADAP PUTUSAN PENGADILAN ADAT DALAM TATA HUKUM INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 49
Author(s):  
Masril Masril ◽  
Ade Kosasih
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Criminal Law ◽  
Customary Law ◽  
The Public ◽  
Ne Bis In Idem ◽  
Legal Uncertainty ◽  
Customary Court ◽  
Principle Of Legality

Abstract: The number of cases have been decided and executed by the Customary Court, but are still being processed and tried according to national law. It creates legal uncertainty and tends to conflict with the values of justice and human rights. This tendency is due to law enforcers who prioritize the principle of nullum delictum noella poena sine pravea lege poenali. The criminal law also acknowledges the principle of ne bis in idem for every decided and executed cases, including the Decision of the Adat Court. The result describes that the application of the principle of ne bis in idem to the Decision of the Customary Court has a place in Indonesian law. This can be recognized from the existence of a Supreme Court jurisprudence which states that if a case has been decided by the Adat Court and brought back to court, the Public Prosecutor's indictment must be declared "unacceptable" Niet On vankelijke Verklaark. The implementation of the principle of legality is not only interpreted as nullum delictum sine lege, seen as formal legality, but also as nullum delictum sine ius, material legality by recognizing customary law as a source of law.Keywoords: Ne bis in idem, Verdict, Customary Court.

scholarly journals Tinjauan Yuridis Pengajuan Permohonan Peninjauan Kembali pada Perkara Pidana dalam Sistem Hukum Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 99-105
Author(s):  
I Made Widi Adi Peremana ◽  
A. A. Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Constitutional Court ◽  
Criminal Cases ◽  
Legal Research ◽  
Procedure Code ◽  
Library Research ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Republic

The study of this research is the submission of requests for reconsideration in criminal cases in the Indonesian legal system which became a polemic after the issuance of the Constitutional Court Decision Number 34 / XI-PUU / 2013 and Circular Letter of the Supreme Court (SEMA) Number 7 of 2014 concerning Submission of Reappeals in Cases Criminal. The research objectives to be achieved, in this case, are the regulation of legal reconsideration efforts in Indonesia and the procedure for submitting a request for review in the Indonesian system. Researchers use a normative juridical approach or library research or doctrinal legal research which can be interpreted as legal research by examining library materials and secondary materials. This study illustrates that the regulations for reconsideration in the legal system in Indonesia are based on various regulations, namely Law Number 8 of 1981 concerning the Criminal Procedure Code, Law No. 3 of 2009 concerning the Supreme Court, Law no. 48 of 2009 concerning Judicial Power, Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Review of Criminal Cases and Submission of Reconsiderations at this time refers to the provisions of the Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Reconsideration in Criminal Cases.  

scholarly journals Criminal Law Study on Narcotics Abuse Rehabilitation

2020 ◽  
Vol 5 (1) ◽  
pp. 55-62
Author(s):  
Salma Widiasyam ◽  
Oheo Haris ◽  
Siti Aisah Abdullah
Keyword(s):  
Drug Abuse ◽  
Supreme Court ◽  
Criminal Law ◽  
Medical Rehabilitation ◽  
District Court ◽  
Criminal Offence ◽  
Social Rehabilitation ◽  
Circular Letter ◽  
One Year

The purpose of this research is to determine whether the rehabilitation of the victims of narcotics abuse in the decree of the District Court of Kendari No. 236/Pid. Sus/2019/PN K has fulfilled the element of Article 54 Act number 35 year 2009. The type of research used in this study is normative research, using the Statute Approach, Case Approach, Conceptual Approach.Based on the results the authors conclude that narcotic addicts and narcotics abuse victims are obliged to undergo medical rehabilitation and social rehabilitation. The judge in the its verdict prosecute convicted because it has been proven legally and committed guilty of committing a criminal offence "narcotic abuse for himself", dropping a criminal against the defendant with imprisonment for 1 (one) year and 2 (two) months have in accordance with article 127 paragraph (1) of Law No. 35 Year 2009. However, in the ruling judge ignores article 127 paragraph (2) and paragraph (3) of Law No. 35 Year 2009 that the obligation of the judge in providing rehabilitation efforts against the defendant cases of drug abuse in line with the issuance of Circular Letter of Supreme Court No. 4 Year 2010.

scholarly journals Kewenangan Ketua Mahkamah Agung Mengeluarkan Surat Keputusan Ketua Mahkamah Agung Nomor 73/KMA/HK.01/IX/2015 Perihal Penyumpahan Advokat

2019 ◽  
Vol 3 (3) ◽  
pp. 429-444
Author(s):  
Muttaqin Asyura ◽  
Faisal A. Rani ◽  
Ilyas Ismail
Keyword(s):  
Supreme Court ◽  
Public Administration ◽  
Legal Issues ◽  
Government Official ◽  
Constitutional Court ◽  
High Court ◽  
Chief Justice ◽  
The Supreme Court ◽  
Legal Uncertainty

Angka 6 Surat Keputusan Ketua Mahkamah Agung Nomor 73/KMA/HK.01/IX/2015 perihal Penyumpahan Advokat (SK KMA Penyumpahan Advokat) menimbulkan polemik hukum karena substansi materi keputusan tersebut memperluas Putusan Mahkamah Konstitusi berkaitan dengan Organisasi Advokat yang dapat mengajukan penyumpahan Advokat di Pengadilan Tinggi. Terkait dengan hal tersebut apakah Ketua Mahkamah Agung memiliki kewenangan untuk mengeluarkan SK KMA Penyumpahan Advokat? Teori freies ermessen menekankan bahwa setiap pejabat pemerintahan memiliki kewenangan untuk membuat keputusan agar dapat berperan secara maksimal dalam melayani kepentingan masyarakat, namun keputusan yang dibuat harus sesuai dengan asas-asas umum pemerintahan yang baik. Berlakunya SK KMA Penyumpahan Advokat memperluas makna Organisasi Advokat yang telah diatur sebelumnya dalam  Putusan Mahkamah Konstitusi. Ketidakpastian hukum yang ditimbulkan oleh keputusan pejabat pemerintahan bertentangan dengan asas-asas umum pemerintahan yang baik, sehingga dengan demikian, Ketua Mahkamah Agung tidak berwenang mengeluarkan SK KMA Penyumpahan Advokat untuk mengatur mengenai Organisasi Advokat yang dapat mengajukan sumpah di Pengadilan Tinggi.Clause 6 a Decree Number 73/KMA/HK.01/IX/2015 on the Oath of an Advocate leads to legal issues due to expanding the decision of the Constitutional Court regarding advocate organization that can submit an oath of an advocate in the high court. Based on that issue, Is the Chief Justice of the Supreme Court authorized to issue a Decree Number 73/KMA/HK.01/IX/2015 on the Oath of an Advocate? Freies Ermessen’s theory states that every government official has authority to make a decree in order to serving public administration. But, the decree must be in accordance with the General  Principles of Proper Administration (GPPA). The enactment of the  Decree on the Oath of an Advocate leads to legal issues due to expanding the decision of the Constitutional Court. Legal uncertainty caused by the Decree is contrary to the General Principles of Proper Administration (GPPA). Therefore, the Chief Justice of the Supreme Court  is not authorized to issue a Decree Number 73/KMA/HK.01/IX/2015 on The Oath of an Advocate to regulate an Advocate Organization that can submit an oath in a High Court.

scholarly journals TITIK SINGGUNG WEWENANG MAHKAMAH AGUNG DENGAN MAHKAMAH KONSTITUSI

2015 ◽  
Vol 4 (1) ◽  
pp. 17
Author(s):  
Saldi Isra
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Hierarchical System ◽  
Constitutional Court ◽  
The Supreme Court ◽  
Different Types ◽  
Legal Uncertainty ◽  
Laws And Regulations

The mixing of authority between the Constitutional Court and the Supreme Court has raised a range of issues. In turn, there is the contact authority of the two institutions which could lead to the occurrence of legal uncertainty. In connection with the authority testing regulations, for example, although the Supreme Court and the Constitutional Court have the same right to test the legislation, but with different types and hierarchy of legislation being tested, then the interpretation of the rules of the legislation for which they were these institutions must be subject to a hierarchical system of laws and regulations that apply. Therefore, the validity of the norm is derived from the legislation is higher. Moreover, any decision of the judicial review of the UUD, this decision is erga omnes, including for judges of the Supreme Court and judges of the court under the Supreme Court.Keywords : Authority, Constitutional Court, Supreme Court

Legal Protection of Whistleblower Witnesses in Revealing Corruption after the Issue of Supreme Court Circular No. 4 of 2011

2016 ◽  
Vol 3 (3) ◽  
Author(s):  
Ni Nyoman Juwita Arsawati
Keyword(s):  
Supreme Court ◽  
Organized Crime ◽  
White Collar Crime ◽  
Legal Protection ◽  
White Collar ◽  
The Supreme Court ◽  
Circular Letter

In order to eliminate corruption, Indonesia has made various Efforts through the establishment of laws and development of commissions. However, corruption still occurs with all tactics and ways behind politics, economics and power. Moreover, corruption is organized crime or white-collar crime. That why it is difficult to determine the main actor who knows much about it because corruptions Also Involved in that. To reveal corruption, then there must be a whistleblower as a witness, who is willing to reveal the corruption that has occurred because they saw, heard, and had experienced it by themselves, later practically called as a crown witness or key witness. Act No. 13/2006 and the Supreme Court Circular Letter No. 4/2011 have not been fully able to provide protection to whistleblowers from investigation, prosecution and examination. Since now, there are no laws that specifically against whistleblowers. It is the caused whistleblower remains silent against the corruption.

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