scholarly journals IMPLEMENTASI E-COURT UNTUK PERKARA PERDATA SEBAGAI TEKNOLOGI INFORMASI DALAM SISTEM PERADILAN DI INDONESIA

2021 ◽  
Author(s):  
Desty Setiawati Putri ◽  
Ansori ◽  
Hendra Saputra
Keyword(s):  
Information Technology ◽  
Justice System ◽  
Policy Instruments ◽  
Legal Norms ◽  
Legal Principles ◽  
Law And Technology ◽  
The Supreme Court ◽  
Library Studies ◽  
Judicial Procedure ◽  
Electronic Channels

E-court can be used to send and receive trial documents such as replik, duplik, conclusions and/or answers. The e-court application is also used to call electronically to parties who have approved and to the plaintiff/ applicant who registers electronically is deemed to agree to use electronic channels for calling. The problem in the research is how to implement e- court.mahkamahagung.go.id for civil matters as information technology in the justice system in Indonesia and what are the supporting and inhibiting factors for the implementation of e- court.mahkamahagung.go.id for civil matters as information technology in justice system in Indonesia. The research method uses a normative juridical approach, a normative approach is carried out by studying legal norms or rules, legal principles, data sourced from library studies. The analysis of the data used is qualitative juridical. The results of the study show that the implementation of e- court.mahkamahagung.go.id for civil matters as information technology in the judicial system in Indonesia, can be done tactically and strategically. Tactical efforts are temporary efforts that can be carried out quickly and internally by the Supreme Court by utilizing the policy instruments that they have. Supporting factors for implementation of e-court.mahkamahagung.go.id is the existence of efforts to Implement Electronic Justice can be divided into tactical efforts and strategic efforts. The inhibiting factor for implementation of e-court.mahkamahagung.go.id is the Electronic Judicial Procedure Law and Technology and Human Resources Constraints.

scholarly journals E-evidence and e-court in the context of the Covid-19 pandemic: A study from Ukraine

2021 ◽  
Vol 4 (4) ◽  
pp. 163-181
Keyword(s):  
Information Technology ◽  
Justice System ◽  
Imperfect Information ◽  
Data Exchange ◽  
Document Management ◽  
Access To Justice ◽  
Electronic Evidence ◽  
Procedural Time ◽  
Court Proceedings ◽  
Judicial Procedure

The possibility of using information technology in courts can be called a novelty and a progressive innovation in Ukraine. This is is an important factor in improving the efficiency of the openness and transparency of justice and simplifies judicial procedure, shortens court proceedings and procedural time limits, reduces operating costs, and saves time for all the participants of the process while cases are under consideration. Due to the rapid spread of COVID-19, rapid judicial reforms have taken place around the world to ensure access to justice in this new environment. Insufficient levels of information and technical support for the courts in Ukraine, the lack of a single format for data exchange between automated document management systems of various instances and specialisations, imperfect information protection systems, and insufficient regulation of the information legislation remain problematic issues in the functioning of e-justice systems, all of which require further study. Addressing these issues will help justice in Ukraine to reach a new level in the coming years. Since the e-justice system is aimed at optimising the work of courts through the informatisation of processes, and electronic means of proof are designed to ensure the rights of litigants to use electronic information, the interaction of the notion of electronic evidence with the e-justice system is quite possible. This interaction will increase the efficiency of the judiciary and the quality of justice. This article examines the development of information technology in the courts of Ukraine, including during the COVID-19 pandemic, analyses court decisions rendered in the context of the pandemic, and reflects on the real state of the judicial system in the adoption and examination of electronic evidence. It should be noted that the procedure for processing, submitting, and examining electronic evidence is currently not fully regulated, so the use of electronic evidence in litigation is not always effective. All of the above indicates the need to refine the current procedural codes in terms of introducing clear rules for the collection, execution, submission, and examination of electronic evidence.

scholarly journals PENERAPAN ASAS NEBIS IN IDEM DALAM PERKARA PERBUATAN MELAWAN HUKUM OLEH MAHKAMAH AGUNG ATAS UPAYA HUKUM LUAR BIASA “PENINJAUAN KEMBALI”

2020 ◽  
Vol 2 (1) ◽  
pp. 75-90
Author(s):  
Hariadi
Keyword(s):  
Supreme Court ◽  
Legal Norms ◽  
Legal Principles ◽  
The Supreme Court ◽  
Case Number

This study aims to find out how the Supreme Court decidescases of unlawful acts with the principle of nebis in idem andthe basis for consideration of the Supreme Court justicesexamining and deciding Case Number 405 PK / Pdt / 2017,related to the principle of nebis in idem. This research is a typeof normative law, with a normative juridical approach, namelydoctrinal law research which refers to legal norms. emphasizessecondary sources of material, both regulations and legaltheories, and examines legal principles that are scientifictheoretical in nature and can be used to analyze the problemsdiscussed. The method of analysis of normative legal researchis in the form of a prescriptive method, namely a method ofanalysis that provides an assessment (justification) of theobject under study whether it is true or false, or what shouldbe according to law.

Constitutional aspects of the reform of the Polish justice system in 2017–2018

2019 ◽  
Vol 19 (1) ◽  
pp. 276-293
Author(s):  
Mateusz Radajewski
Keyword(s):  
Supreme Court ◽  
Justice System ◽  
Global Scale ◽  
National Council ◽  
The Supreme Court ◽  
European Regulations

Summary The article concerns the issue of constitutionality of the reform of the justice system in Poland in 2017–2018, which resulted in significant changes of the functioning of the National Council of the Judiciary and the Supreme Court. When discussing the reform of the Supreme Court, the author first of all points to the constitutional problems associated with the premature retirement of some of its judges, which is also connected with the interruption of the six-year term of the First President of the Supreme Court. A separate issue discussed in the article is the introduction to the Supreme Court the lay judges, which is a unique phenomenon on the global scale. The analyses lead the author to formulate final conclusions, also referring to the European regulations and to refer to the unconstitutionality of the solutions adopted by the Polish parliament.

STUDI KASUS PENETAPAN KEMBALI TARIF DAN/ATAU NILAI PABEAN (SPKTNP) OLEH DIREKTUR JENDERAL BEA DAN CUKAI: TINJAUAN PUTUSAN PENINJAUAN KEMBALI MAHKAMAH AGUNG RI

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Akhmad Firdiansyah ◽  
Wachid Hasyim ◽  
Yonathan Agung Pahlevi
Keyword(s):  
Qualitative Analysis ◽  
Supreme Court ◽  
Director General ◽  
Import Duty ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Law

ABSTRACT In accordance with the mandate of Article 23A of the 1945 Constitution, all tax stipulations must be based on the law. To carry out the mandate in accordance with Article 17 of the Customs Law Number 17 of 2006, the Director General of Customs and Excise is given the attributive authority to issue reassignment letter on Customs Tariff and / or Value for the calculation of import duty within two years starting from the date of customs notification carried out through a mechanism of audit or re-research. To examine the application of these legal norms, there are currently Supreme Court (MA) Judgment (PK) decisions that accept PK applications from PK applicants and question the legality of issuing SPKTNP by the Director General of BC. This study uses explosive qualitative analysis to analyze the issuance of SPKTNP by the Director General of BC. The results of this study indicate that the Supreme Court is of the view that the issuance of SPKTNP by the Director General of BC is a legal defect, while DGCE considers the issuance of SPKTNP by the Director General of BC according to the provisions.Key words: official decision, reassignment letter, DCGE  ABSTRAKSesuai amanah Pasal 23A Undang-Undang Dasar 1945 Segala penetapan pajak harus berdasar undang-undang. Untuk menjalankan amanah tersebut sesuai Pasal 17 Undang-Undang Kepabeanan Nomor 17 Tahun 2006 Direktur Jenderal Bea dan Cukai (Dirjen BC) diberikan kewenangan atributif untuk menerbitkan Surat Penetapan Kembali Tarif dan/atau Nilai Pabean (SPKTNP) guna penghitungan bea masuk dalam jangka waktu dua tahun terhitung sejak tanggal pemberitahuan pabean yang dilakukan melalui mekanisme audit atau penelitian ulang. Untuk meneliti penerapan norma hukum tersebut dewasa ini terdapat putusan Peninjauan Kembali (PK) Mahkamah Agung (MA) yang menerima permohonan PK dari pemohon PK dan mempermasalahkan legalitas penerbitan SPKTNP oleh Dirjen BC. Penelitian ini mengunakan analisis kualitatif eksplotarif untuk menganalisis penerbitan SPKTNP oleh Dirjen BC. Hasil penelitian ini menunjukkan bahwa MA berpandangan penerbitan SPKTNP oleh Dirjen BC adalah cacat hukum, sedangkan DJBC beranggapan penerbitan SPKTNP oleh Dirjen BC telah sesuai ketentuan.Kata Kunci: penetapan pejabat, SPKTNP, Direktur Jenderal Bea dan Cukai.

INDUSTRY SPECIFICITY OF INFORMATION TECHNOLOGY DESIGN OF INVESTMENT COSTS FOR IT DEVELOPMENT

2021 ◽  
Vol 3 (11) ◽  
pp. 23-29
Author(s):  
Marat T. Turmanov ◽  
Keyword(s):  
Information Technology ◽  
It Management ◽  
Technology Design ◽  
Legal Norms

The article substantiates the provisions that the content of concepts, models and methods of sectoral management determines the specifics of the development of the entire IT management. Diversified legal norms and institutions today form a set of regulatory relations, one way or another related to the development and application of various IT

The Quest for Coherence in Kenya’s Judicial Sentencing Policy: A Review of the Jurisprudence Following the Muruatetu Case

2021 ◽  
Vol 2021 (1) ◽  
pp. 142-149
Author(s):  
Phyllis Ngugi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Justice System ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Sentencing Guidelines ◽  
Trial Court ◽  
The Supreme Court ◽  
Sentencing Policy

The Supreme Court decision in the now-infamous case Francis Karioko Muruatetu v Republic1 seemed to settle the enduring debate whether sentencing is a judicial or a legislative function. The court’s ruling was that sentencing is a judicial function and that the mandatory nature of the death penalty for murder2 was unconstitutional because it took away the courts’ discretion to determine a just and proportionate punishment to impose on a convicted person. In its judgment, the court ordered that the judiciary sentencing policy3 be revised to reflect the court’s guidelines on the obligation of courts to listen to the accused’s mitigation before sentencing. The court also directed that a framework for sentence rehearing be prepared immediately to allow applicants who had been sentenced in circumstances similar to those of the petitioners to apply for sentence a rehearing from the trial court. This article examines the aftermath of this judgment in terms of whether the Supreme Court’s decision helped to cure the challenge that lies in the current sentencing process; achieving coherence and proportionality in the sentencing process. By using jurisprudential arguments, we intend to demonstrate that, despite the court’s direction to all courts to ensure that no person should be subjected to a disproportionate sentence, the problem of disproportional sentencing is one that goes beyond merely reviewing of the sentencing guidelines but also demands a reform of the entire criminal justice system.

Layers of Bias: A Unified Approach for Understanding Problems With Risk Assessment

2018 ◽  
Vol 46 (2) ◽  
pp. 185-209 ◽  
Author(s):  
Laurel Eckhouse ◽  
Kristian Lum ◽  
Cynthia Conti-Cook ◽  
Julie Ciccolini
Keyword(s):  
Risk Assessment ◽  
Criminal Justice ◽  
Justice System ◽  
Quantitative Risk Assessment ◽  
Risk Scores ◽  
Risk Models ◽  
Risk Assessment Models ◽  
Final Layer ◽  
The Supreme Court ◽  
Using Data

Scholars in several fields, including quantitative methodologists, legal scholars, and theoretically oriented criminologists, have launched robust debates about the fairness of quantitative risk assessment. As the Supreme Court considers addressing constitutional questions on the issue, we propose a framework for understanding the relationships among these debates: layers of bias. In the top layer, we identify challenges to fairness within the risk-assessment models themselves. We explain types of statistical fairness and the tradeoffs between them. The second layer covers biases embedded in data. Using data from a racially biased criminal justice system can lead to unmeasurable biases in both risk scores and outcome measures. The final layer engages conceptual problems with risk models: Is it fair to make criminal justice decisions about individuals based on groups? We show that each layer depends on the layers below it: Without assurances about the foundational layers, the fairness of the top layers is irrelevant.

scholarly journals The Non-Professional Judge as a Component of Civic Culture in Poland

2020 ◽  
Vol 65 (1) ◽  
pp. 121-132
Author(s):  
Dariusz Kużelewski
Keyword(s):  
Supreme Court ◽  
Justice System ◽  
Civic Culture ◽  
Gradual Reduction ◽  
The Supreme Court ◽  
Polish Law ◽  
Justice Of The Peace ◽  
Selection Of

Abstract The objective of the paper is to present the role of the non-professional judge in Poland as an important manifestation of civic culture based on citizens’ activity in the sphere of justice among other things. The paper also highlights the importance of an appropriate selection of citizens who are to adjudicate and possibly place restrictions on access to judicial functions using the example of Polish law. The last part addresses the problem of the gradual reduction of the participation of lay judges in the Polish justice system and the controversial attempts to halt this trend, such as the introduction of lay judges to the Supreme Court and the start of discussions on the introduction of the justice of the peace to common courts.

scholarly journals Planning of the Web-based E-Raport Assessment System

2020 ◽  
Vol 2 (1) ◽  
pp. 48-58
Author(s):  
Erick Febriyanto ◽  
Romzi Syauqi Naufal ◽  
Sulistiawati Sulistiawati
Keyword(s):  
Information Technology ◽  
Information System ◽  
System Design ◽  
Positive Impact ◽  
Assessment System ◽  
Web Based ◽  
Learning Assessments ◽  
The World ◽  
Library Studies ◽  
Academic Information

In the world of information technology has changed the lifestyle in the aspect of our lives especially in the educational world. E-Raport is an academic information system used to input web-based student value data. The current value data input system is a benchmark for the creation of quality output and able to compete with other schools. One of the benchmarks that can be the competitiveness for other schools is the result of student learning assessments that are handled by each class. Problems that occur in the input of the value of Raport at SDN Sukanagara is currently still a manual that is the value of Raport recorded in the book Raport, so it takes a long time and a lot of energy needed. Research has the purpose of designing a value information system that facilitates the checking, recording and reporting of the computerized value of the students. Computerized Raport value reports can minimize errors in student data processing. This WEB based online raport is very easy data information and can be accessed anytime and anywhere, the system design works to insert and save value Report data and attendance and display info from school. The system uses data collection methods such as interviews, library studies, and system design, which are context diagrams, and prototypes. The information system of online Raport SDN Sukanagara is expected to be able to bring positive impact to the educational world, especially for SDN Sukanagara in the development of information technology applied in the world of education.

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