scholarly journals SOLUSI HUKUM MENGATASI MASALAH MENUMPUKNYA PERKARA DI TINGKAT KASASI MAHKAMAH AGUNG RI (Usulan Perubahan Kelima UUD RI Tahun 1945)

2018 ◽  
Vol 17 (1) ◽  
pp. 90
Author(s):  
Lufsiana Lufsiana
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Employment Opportunities ◽  
Legal Professionals ◽  
Legal Principle ◽  
The Supreme Court ◽  
The Republic

<p><em>The accumulation of cases at the Cassation level of the Supreme Court of the Republic of Indonesia has not been resolved, even though there are internal rules that determine the deadline for case settlement for 250 days and the distribution of rooms in the environment of the Supreme Court of the Republic of Indonesia. violating the legal principle of the administration of simple, fast and low-cost justice has even opened the door of corruption, because justice seekers will try to accelerate to get a verdict on the case. This paper provides a legal solution to the problem, namely by forming a representative of the Supreme Court of Indonesia in every province in Indonesia and empowering the nation's children to become Supreme Court Justices (opening employment opportunities that are wide enough for legal professionals) by using the legislation approach.</em><strong><em></em></strong></p>

scholarly journals Solusi Hukum Mengatasi Masalah Menumpuknya Perkara di Tingkat Kasasi Mahkamah Agung RI (Usulan Perubahan Kelima UUD RI Tahun 1945)

2017 ◽  
pp. 90-100
Author(s):  
Lufsiana
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Employment Opportunities ◽  
Legal Professionals ◽  
Legal Principle ◽  
The Supreme Court ◽  
The Republic

The accumulation of cases at the Cassation level of the Supreme Court of the Republic of Indonesia has not been resolved, even though there are internal rules that determine the deadline for case settlement for 250 days and the distribution of rooms in the environment of the Supreme Court of the Republic of Indonesia. violating the legal principle of the administration of simple, fast and low-cost justice has even opened the door of corruption, because justice seekers will try to accelerate to get a verdict on the case. This paper provides a legal solution to the problem, namely by forming a representative of the Supreme Court of Indonesia in every province in Indonesia and empowering the nation's children to become Supreme Court Justices (opening employment opportunities that are wide enough for legal professionals) by using the legislation approach.

scholarly journals Determination Of Legal Remedies For Civil Cases To Make The Principles Of Justice Simple, Fast And Lighting Cost

2021 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Andrianantenaina Fanirintsoa Aime ◽  
Zulfikar Dori Ad’ha
Keyword(s):  
Supreme Court ◽  
Justice System ◽  
Low Cost ◽  
State Institutions ◽  
Legal Remedies ◽  
The Supreme Court ◽  
Principles Of Justice ◽  
The Republic

One of the principles in the justice system is justice that is simple, fast and low cost. In this regard, the People's Consultative Assembly (MPR) takes this matter seriously and responds to it by issuing a decree, namely TAP MPR No. VIII/MPR/2000 concerning the Annual Report of High State Institutions at the 2000 Annual Session of the People's Consultative Assembly of the Republic of Indonesia, which one of its substances recommends that the Supreme Court immediately resolve delinquent cases by increasing the number and quality of decisions and that the Supreme Court makes regulations to limit entry cassation case. With this principle, it is necessary to conduct a study regarding the application of these principles.

scholarly journals IMPLEMENTATION OF RESTORATIVE JUSTICE IN INDONESIAN GENERAL COURTS(BASED ON THE DECREE OF THE DIRECTOR- GENERAL OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA

2021 ◽  
Vol 9 (4) ◽  
pp. 424-434
Author(s):  
Haposan Sahala Raja Sinaga
Keyword(s):  
Supreme Court ◽  
Restorative Justice ◽  
Criminal Responsibility ◽  
Low Cost ◽  
Secondary Data ◽  
Director General ◽  
Supreme Courts ◽  
The Supreme Court ◽  
Qualitative Descriptive ◽  
The Republic

The shift in punishment in the criminal justice system prioritizes justice for victims and perpetrators of criminal acts in addition to alternative punish- ments such as social work and others carried out with a restorative justice approach. Focusing on the process  of  direct  criminal  responsibility  from the perpetrator to the victim and society, if the perpetrator and victim and  the community whose rights have been violated feel that justice has been achieved through collective deliberation efforts, punishment can be avoided. The perpetrator is not the main object of the restorative justice approach,   but the sense of justice and conflict recovery itself are the main objects. The Supreme Court of the Republic of Indonesia, on December 22 2020, through the Director-General of the General Courts Agency, has made Decree Number: 1691/DJU/SK/PS.00/12/2020 concerning the Enforcement of Guidelines for the Implementation of Restorative Justice in the Indonesian General Courts. With the normative juridical research method, with the nature of qualitative descriptive research, by examining secondary data obtained through the Decree of the Director-General of the General Courts of the Supreme Court of the Republic of Indonesia Number: 1691/DJU/SK/PS.00/12/2020 and other related regulations which has relevance to the implementation of restorative justice in the Indonesian general courts’ environment. The results of the research show the implementation of restorative justice in the Indonesian general courts, as stated in the Decree of the Director-General of the Supreme Courts Number: 1691/DJU/SK/PS.00/12/2020, which must apply and be applied by all district courts in Indonesia, especially in terms of case settlement in action. Minor offenses, child cases, women in conflict with the law and nar- cotics cases. The existence of alternative case resolution through restorative justice can realize the principles of fast, simple and low cost with balanced justice.

scholarly journals PEMBATASAN UPAYA HUKUM PERKARA PERDATA GUNA MEWUJUDKAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN

Yuridika ◽  
2017 ◽  
Vol 30 (1) ◽  
pp. 30
Author(s):  
Bambang Sugeng Ariadi S ◽  
Johan Wahyudi ◽  
Razky Akbar
Keyword(s):  
Supreme Court ◽  
Annual Report ◽  
Low Cost ◽  
District Court ◽  
Annual Session ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Republic ◽  
Court Of Appeal

The most important thing for any regulation judicial principle is simple, fast and low cost is to reduce the accumulation of cases in the Supreme Court. That is because, line with the increasing increasing number of incoming cases, and also that successfully terminated in the District Court and Court of Appeal, then the incoming number of decisions in the Supreme Court also increased and began to be a serious problem. In this regard, People's Consultative Assembly (MPR) seriously consider this and responded by provisions, that is TAP MPR No. VIII/MPR/2000 about of the Annual Report of State High Institutions at the Annual Session of the People's Consultative Assembly of the Republic of Indonesia in 2000 which one substance recommend that the Supreme Court immediately resolve pending lawsuits by increasing the number and quality of decisions and that the Supreme Court makes the rules o restrict the entry of cassation cases. Following up on the existence of the MPR decrees, he Supreme Court has issued several provisions n order to limit legal action in order to realize judicial principle is simple, fast and low cost, either in the form of the Supreme Court Rules (Perma) nor Supreme Court Circular Letter (Sema). This article is useful for know and understand how much has been the implementation judicial principle is simple, fast and low cost, in order to reduce the buildup of civil cases. 

scholarly journals MENCIPTAKAN SISTEM PERADILAN EFISIEN DENGAN SISTEM E-COURT PADA PENGADILAN NEGERI DAN PENGADILAN AGAMA SE-TANGERANG RAYA

2020 ◽  
Vol 6 (1) ◽  
pp. 104
Author(s):  
Susanto Susanto ◽  
Muhamad Iqbal ◽  
Wawan Supriyatna
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Pilot Project ◽  
District Court ◽  
Court System ◽  
The Supreme Court ◽  
Effective Role ◽  
The Republic ◽  
Religious Courts

Based on the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: 305/SEK/SK/VII/2018, the Supreme Court has chosen 17 District Courts, 6 State Administrative Courts and 9 Religious Courts as the Pilot Project Court for the e-court Application. On this basis, the sample of the court taken by the author is the District Court and Religious Court which is located in Tangerang Raya. The author will focus on the effectiveness and efficiency with regard to the role of the e-court system in the administrative system of the district and religious courts in Tangerang Raya. The large amount of time and files involved are considered far from the principles of fast, simple and low cost trial. It is hoped that time and cost efficiency problems can be resolved with E-court. To prove the test of the effective role of e-court in realizing fast, simple and low cost judiciary from the segmentation of district and religious courts in Tangerang Raya, the E-court system in state and religious courts in the Greater Tangerang area in segmentation creates efficiency in the case administration service process.

scholarly journals Some psychological impacts on judging in criminal cases within the Supreme Court of Cassation of the Republic of Serbia

2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Psychological Impacts ◽  
The Republic ◽  
The Relationship ◽  
Media Pressure

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.

scholarly journals Pravni položaj poštenog i nepoštenog posjednika u odnosu na vlasnika stvari

2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Basic Method ◽  
Unjust Enrichment ◽  
The Supreme Court ◽  
Legal Position ◽  
The Republic ◽  
Basic Characteristics ◽  
The Right

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.

scholarly journals ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019)

2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
The State ◽  
The Body ◽  
Internal Conflict ◽  
Constitutional Court ◽  
Leadership Tenure ◽  
The People ◽  
The Supreme Court ◽  
The Republic

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.

Evolution of the Roman Republican Senate: Composition, Election, and Judicial functions (Part 1)

2021 ◽  
pp. 62-77
Author(s):  
L. L. Kofanov ◽  
Keyword(s):  
Supreme Court ◽  
Point Of View ◽  
Significant Part ◽  
Supreme Council ◽  
The Supreme Court ◽  
The World ◽  
Judicial Authority ◽  
The Republic ◽  
The Relationship ◽  
Gradual Transformation

The paper deals with the Roman senatus in the period from 5th to 3rd century BC, from the point of view of its composition, completion and selected competences. As to its composition, in the most arcaic times of the Roman state, the senate was an assembly of the heads of clans (patres gentium), who represented the ideas of patricians. The autor presents gradual transformation of the composition of the senate and switch towards the inclusion of the plebeians. It describes also the process of the cooptation of the members, rules of which incurred fundamental changes from the hereditary principles to the regulation given by statutes. A significant part of the article is devoted to the judicial functions of the Senate and the relationship between the iudicium senatus and the iudicium populi, the transformation of the Senate court from a regional body to the highest, global court of the entire Mediterranean. It’s noted that if the original Roman Senate de iure was the judicial authority only one of the Latin Confederation, later after 338 BC, it becomes the Supreme court of the Latin Union, and by the end of the Republic is transformed into the «Supreme Council of the world».

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