scholarly journals Strength Of Proof Of Examination Result Of Financial Auditing Body In Case Of Corruption Crime

2018 ◽  
Author(s):  
Hardianto Djanggih
Keyword(s):  
Social Science ◽  
Rule Of Law ◽  
Research Method ◽  
Criminal Case ◽  
The Rule Of Law ◽  
Examination Result ◽  
Primary Materials ◽  
Secondary Materials ◽  
Manuscript Publication ◽  
Laws And Regulations

Manuscript Publication in IOSR Journal Of Humanities And Social Science (IOSR-JHSS)Volume 23, Issue 3, Ver. 8 (March. 2018) PP 74-83Articulation of a word of power of proof can be interpreted as something that is multak, legitimateand perfect in a criminal case, especially corruption criminal case. The absoluteness, validity, and perfection ofthe evidence are directed to a proof of CPC audit or more familiar with CPC audit results. Proof meanssufficient evidence to show the truth of an event, so that proof means a deed to prove something truth, execute,signify, witness and convince.The evidence of the inspection result is the source of the rule of law number 15 of2006 concerning the Supreme Audit Agency (CPC), which in the period of 8 paragraphs 3 and 4 states: If in theinvestigation is found criminal element, CPC reports it to the authorized institution in accordance with theprovisions of the law - invitation no later than 1 (one) month since the existence of such criminal element isknown. And the CPC Report as referred to in paragraph (3) shall be the basis of investigation by the competentinvestigating authority in accordance with the laws and regulations. From this comes the matter of the strengthof the proof of the CPC report referred to in the article and the accountability that can be tested in a courtprocess. This research uses normative juridical research method by tracing secondary and primary materials thatare closely related to the object of research. The secondary materials in question are the invitees, scientificwritings, scientific articles and others

scholarly journals Kemerdekaan Hakim Dan Kemandirian Kekuasaan Kehakima Dalam Konsep Negara Hukum

2021 ◽  
Vol 3 (1) ◽  
pp. 47-57
Author(s):  
Azwad Rachmat Hambali
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Research Method ◽  
Judicial Power ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

Tujuan penelitian menganalisis kemerdekaan hakim dan kemandirian kehakiman dalam konsep negara hukum. Metode Penelitian menggunakan penelitian hukum normative, Hasil penelitian bahwa Kemerdekaan Hakim  dan kemandirian Kekuasaan Kehakiman sebagai  penjelmaan konsep Negara Hukum sebagaimana diatur dalam Pasal 1 ayat 3 Undang Undang Dasar Negara Republik indonesia Tahun 1945  (hasil amandemen) beserta beberapa peraturan perundang undangan yang terkait seperti Undang Undang Kekuasaan Kehakiman, Undang Undang Mahkamah Agung, Undang Undang Komisi Yudisial  serta ketetapan MPR yang merupakan rujukan dalam pelaksanan Kemerdekaan Hakim, dan kemandirian personal, kemandirian substantive ,kemandirian internal serta kemandirian institusi. Rekomendasi mewujudkan konsep Negara Hukum perlu ditata peraturan perundang undangan yang menjamin kemerdekaan Hakim dan Kemandirian Kekuasaan. The research objective is to analyze the independence of judges and the independence of the judiciary in the concept of a rule of law. The research method uses normative legal research. The results show that the independence of judges and the independence of the judicial power as the embodiment of the concept of the rule of law as regulated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (amendments) along with several related laws and regulations such as the Law Judicial Power, the Law on the Supreme Court, the Judicial Commission Law and the MPR decrees which are references in the implementation of Judges' Independence, and personal independence, substantive independence, internal independence and institutional independence. Recommendations to embody the concept of a rule of law need to put in place laws and regulations that guarantee the independence of judges and independence of power.

The New Legal Realism and The Realist View of Law

2018 ◽  
Vol 43 (02) ◽  
pp. 528-553 ◽  
Author(s):  
Hanoch Dagan ◽  
Roy Kreitner
Keyword(s):  
Social Science ◽  
Rule Of Law ◽  
Academic Discipline ◽  
Legal Discourse ◽  
Legal Institutions ◽  
Lingua Franca ◽  
Bottom Up ◽  
Legal Realism ◽  
The Rule Of Law ◽  
Realist View

New legal realism (NLR) furthers the legal realist legacy by focusing attention on both the pertinent social science and the craft that typifies legal discourse and legal institutions. NLR's globalized ambitions also highlight the potential of a nonstatist view of law. The realist view of law raises three challenges facing NLR: identifying the “lingua franca” of law as an academic discipline within which NLR insights on translation and synthesis should be situated; conceptualizing NLR's focus on bottom-up investigation, so that it does not defy the rule of law; and recognizing the normative underpinning for NLR's reformist impulse.

scholarly journals Sertifikat Laik Fungsi pada Bangunan Gedung di Kota Bandung Dalam Kaitannya dengan Izin Mendirikan Bangunan

2021 ◽  
Vol 21 (3) ◽  
pp. 963
Author(s):  
Devi Elora
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Field Research ◽  
Existing Building ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Building Permits ◽  
Library Research ◽  
Specific Implementation ◽  
The City

The rise of buildings in the city of Bandung is a symbol of the development of the city of Bandung itself, but the development of a city must of course refer to the existing rules. The existence of buildings whose utilization is often found to be inconsistent with IMB, in other words, there is a mismatch between SLF and IMB which of course raises problems regarding the use of building functions that are not in accordance with existing building permits. Identification of the problem in this thesis research is how the legal arrangements regarding SLF for buildings are in the presence of an IMB and how is the SLF for buildings that are not used in accordance with the IMB. The research method uses the normative juridical method, which is carried out using library research and field research conducted at institutions related to the issue of building function worthiness certificates in the city of Bandung in relation to building permits. The conclusion obtained in this study is the legal arrangement regarding SLF for buildings in the presence of an IMB which is basically the existence of an SLF located or based on an IMB. SLF is a provision for the use of buildings, while IMB is the legality of the existence of buildings, problems regarding the incompatibility between IMB and SLF can be studied from 3 main subjects of the existence of SLF namely government, society and the rule of law, but what is fundamental is the absence of legal rules regarding specific implementation instructions in The City of Bandung regulates SLF, so that SLF in Bandung City has not been able to run well. SLF of buildings whose utilization is not in accordance with the IMB has the consequence that the use of the SLF that should be in accordance with the IMB must be adjusted to the provisions contained in the IMB.

scholarly journals The Courts in American Public Culture

Daedalus ◽  
2014 ◽  
Vol 143 (3) ◽  
pp. 140-156 ◽  
Author(s):  
Susan S. Silbey
Keyword(s):  
Social Science ◽  
Rule Of Law ◽  
Legal Reasoning ◽  
Public Culture ◽  
Science Literature ◽  
The Rule Of Law ◽  
Institutional Practice ◽  
The Social ◽  
Social Science Literature ◽  
Public Imagination

In American public imagination, courts are powerful but also impotent. They are guardians of citizens' rights but also agents of corporate wealth; simultaneously the least dangerous branch and the ultimate arbiters of fairness and justice. After recounting the social science literature on the mixed reception of courts in American public culture, this essay explains how the contradictory embrace of courts and law by Americans is not a weakness or flaw, nor a mark of confusion or naïveté. Rather, Americans' paradoxical interpretations of courts and judges sustain rather than undermine our legal institutions. These opposing accounts are a source of institutional durability and power because they combine the historical and widespread aspirations for the rule of law with a pragmatic recognition of the limits of institutional practice; these sundry accounts balance an appreciation for the discipline of legal reasoning with desires for responsive, humane judgment.

scholarly journals Rights Relief for College Students: Connotation, Dilemma and Path Choice

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Qiushi Song
Keyword(s):  
College Students ◽  
Rule Of Law ◽  
Continuous Development ◽  
College Administrators ◽  
The Rule Of Law ◽  
Laws And Regulations

In recent years, with the continuous development of the rule of law in our country, the issue of rights relief for college students has attracted more and more attention from all walks of life. In order to specifically discuss the issue of rights relief for college students, it is necessary to define the concept of rights relief for college students. At the same time, it analyzes the reasons why China’s college students’ rights relief is facing imperfect laws and regulations, college administrators and students’ weak awareness of rights relief, content limitations, and single approaches. Therefore, it is necessary to choose the path from several aspects, such as improving laws and regulations, improving the concept of rule of law, optimizing and adjusting the scope of content, and establishing diversified channels.

scholarly journals Metode Cina dalam Mengatasi Covid-19; Analisis dengan Menggunakan Teori The Law of non Transferability of Law

2021 ◽  
Vol 8 (4) ◽  
Author(s):  
Muhammad Asadurrohman
Keyword(s):  
Chinese Medicine ◽  
Rule Of Law ◽  
Research Method ◽  
Legal Culture ◽  
Hard Work ◽  
Chinese Government ◽  
The Rule Of Law ◽  
The Law

The ups and downs of COVID-19 were motivated by the neglect of the rule of law. China was the first country to be affected by COVID-19 as well as a country that managed to overcome it. This success is the result of the hard work of the Chinese government and its people. The theory initiated by Seidman emphasizes the existence of a good legal culture, but every rule of law that is successfully enforced in one place cannot necessarily be applied elsewhere. The purpose of this study was to find out the methods of preventing the spread of COVID-19 used by China and their relevance to other countries in the application of these methods. This is done by using Seidman's theory as an analytical knife. This research method is qualitative-normative literature-based. The results showed that China implemented a system of lockdown and Chinese Medicine (CM).Keywords: Coping with COVID-19, legal culture, Seidman's theory. AbstrakPasang-surut COVID-19 dilatarbelakangi adanya pengabaian aturan hukum. Cina merupakan negara yang pertama kali terkena dampak COVID-19 sekaligus sebagai negara yang berhasil menanggulanginya. Keberhasilan tersebut merupakan hasil dari adanya kerja keras yang dilakukan oleh pemerintah Cina dan masyarakatnya. Teori yang digagas oleh Seidman menekankan adanya budaya hukum yang baik, namun setiap aturan hukum yang berhasil diberlakukan di suatu tempat tidak semerta-merta bisa terapkan oleh tempat lain. Tujuan penelitian ini adalah untuk mengetahui metode pencegahan penyebaran COVID-19 yang digunakan oleh Cina dan relevansinya dengan negara-negara lain dalam penerapan metode tersebut. Demikian dilakukan dengan menggunakan teori Seidman sebagai pisau analisis. Metode penelitian ini adalah kualitatif-normatif yang berbasis kepustakaan. Hasil penelitian menunjukkan bahwa Cina menerapkan sistem lockdown dan Chinese Medicine (CM).Kata Kunci: Penanggulangan COVID-19, budaya hukum, teori Seidman

scholarly journals The Urgency of Radicalism Regulation in Legal Norms in Indonesia

2019 ◽  
Vol 2 (1) ◽  
pp. 1-11
Author(s):  
Lisa Mery
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Literature Study ◽  
Large Area ◽  
Potential Threat ◽  
The Rule Of Law ◽  
Legal Norms ◽  
The World ◽  
Radical Ideology

Radicalism is a serious threat to countries in the world, Indonesia as a country that has a large area and a population that has increased the potential threat of understanding derived from radical ideology (negative), to show the efforts made by the Indonesian government in anticipating radicalism in the country then This article lightly discusses the urgency of anticipating the threat of radicalism into the rule of law and identifying the elements of radicalism to enter into a classification of crime that is different from terrorism. This research method uses a literature study that qualitatively seeks to analyze the phenomenon of rising tendencies of radicalism in Indonesia and explains the urgency of regulating radicalism into a legal norm. Discussion and analysis of research shows that radicalism is very important (urgent) to be anticipated in a rule of law so that although there are already specific rules in Law No.5 of 2017 concerning terrorism, radicalism also has urgency to be regulated by looking at elements of the pattern of crime development that different from terrorism as a crime that is more clearly characterized by actual. The results of the identification of elements of radicalism show different tendencies with more significant indicators of radicalism before the onset of terrorism.

scholarly journals application of child adoption (balaku anak) and its legal effects on customary law system of the Dayak Ngaju tribe

2020 ◽  
Vol 8 (1) ◽  
pp. 1-8
Author(s):  
Rizki Yudha Bramantyo ◽  
Irham Rahman
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
The Rule Of Law ◽  
Law System ◽  
Positive Law ◽  
Child Adoption

The purpose of this research is to find out how the application of children's behavior and its influence on the customary law system of the Dayak Ngaju Tribe. The research method used is qualitative. Primary data comes from observations and interviews. Meanwhile, secondary data from previous studies were collected to support the findings. The findings reveal that there are differences in the rule of law between Islamic law and positive law and customary law of the Dayak Ngaju tribe. Islamic law regulates inheritance and inheritance rights according to lineage, positive law regulates the return of cases of adoption to civil law, and customary Dayak Ngaju law recognizes adoption.

scholarly journals Peran Badan Pengawas Pemilu dalam Penanganan Tindak Pidana Pemilu di Kabupaten Simalungun

2021 ◽  
Vol 4 (2) ◽  
pp. 1209-1221
Author(s):  
Michael Richard Siahaan ◽  
Isnaini Isnaini ◽  
Mirza Nasution
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Research Method ◽  
General Election ◽  
The Rule Of Law ◽  
Analysis Technique ◽  
General Elections ◽  
Descriptive Method

This paper aims to analyze the role of the Election Supervisory Body and the obstacles faced in handling election crimes in Simalungun Regency. The research method used is descriptive method, while the data analysis technique uses descriptive qualitative. Based on the results of this study indicate that the rule of law regarding the role of the Election Supervisory Body in handling election crimes is stated in Law no. 7 of 2017 concerning General Elections, Election Supervisory Body Regulation No. 7 of 2018 concerning Handling of Findings and Reports of General Election Violations and Bawaslu Regulation No. 31 of 2018 concerning the Integrated Law Enforcement Center. The role of the Election Supervisory Body in handling election crimes in Simalungun Regency has not been fully able to carry out its role in handling election crimes. The obstacles faced by the Election Supervisory Body in handling election crimes are: there are often differences in perceptions in the Gakkumdu Center, there is a large enough opportunity to eliminate evidence, suspects are often uncooperative, and the lack of Bawaslu officers even though the task must be carried out, especially during elections. relatively much.

scholarly journals SOCIALIZATION URGENCY OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR VILLAGE IN LEGISLATIVE DRAFTING PURPOSE

2020 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
ADHITYA WIDYA KARTIKA ◽  
SUTRISNO SUTRISNO
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Human Life ◽  
Legal Protection ◽  
The Rule Of Law ◽  
The Government ◽  
Laws And Regulations

<p>Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the President<br />and the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.</p>

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