scholarly journals The Role of Correctional Bureau in Child Criminal Case Settlement through Diversion

2021 ◽  
Vol 04 (03) ◽  
Author(s):  
Kayus Kayowuan Lewoleba ◽  
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Government Regulation ◽  
Criminal Case ◽  
Conceptual Approach ◽  
Strategic Role ◽  
The Republic

Correctional Bureau (BAPAS) plays a very important and strategic role in child criminal case settlement. One form of the settlement is made through diversion, for child to avoid the bad impact of formal child criminal judicature. The research employed a juridical normative research method and statute approach and conceptual approach. The role of Bapas in child criminal case settlement through diversion is quite important and strategic as set forth in Law Number 11 of 2012 concerning Child Criminal Judiciary System, Government Regulation Number 65 of 2015 concerning the Guidelines on the Implementation of Diversion and Dealing with Under 12 (Twelve) Years Old Child, Regulation of Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning the Guidelines on Diversion Implementation in Child Criminal Judiciary System. The constraints found in the diversion implementation are related to remedy for victim and non-optimal post-diversion supervision by the Correctional Advisor of Correctional Bureau (PK Bapas).

scholarly journals Pembatasan Kasasi Perkara Pidana Oleh Mahkamah Agung Ditinjau Dari Hak Rakyat Untuk Memperoleh Keadilan

ADALAH ◽  
2021 ◽  
Vol 5 (2) ◽  
Author(s):  
Aurelia Verina Withania ◽  
Ahmad Mahyani
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Conceptual Approach ◽  
The Public ◽  
Analysis Techniques ◽  
Procedure Code ◽  
The Supreme Court ◽  
Basic Purpose ◽  
The Republic ◽  
Prescriptive Analysis

The existence of rules limiting the cassation becomes an obstacle for the public to obtain justice and is not in accordance with the principles of the state of Indonesia as a state of law which is stated in the provisions of the 1945 Constitution of the Republic of Indonesia in Article 28D. Problem: Is the limitation of cassation in Article 45A of the Supreme Court Law in accordance with the provisions of the 1945 Constitution and the Criminal Procedure Code. This research is a normative research method with a statutory approach and a conceptual approach as well as prescriptive analysis techniques. The cassation legal effort should return to its basic purpose, namely maintaining legal uniformity and unity and providing justice for the community.

scholarly journals Sanksi Hukum terhadap Pejabat Negara yang Melanggar Protokol Kesehatan di Masa Pandemi Covid-19

2021 ◽  
Vol 2 (2) ◽  
pp. 308-314
Author(s):  
I Kadek Arya Andika ◽  
I Nyoman Sugiartha ◽  
I Nyoman Sutama
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Large Scale ◽  
Conceptual Approach ◽  
Corona Virus ◽  
Legal Sanctions ◽  
New Type ◽  
The Republic ◽  
The Government ◽  
Data Collection Technique

The corona virus or what is known as Covid-19 is an infectious disease caused by a new type of coronavirus that was discovered at the end of 2019 in the city of Wuhan, China, which has spread throughout the world, has killed hundreds of people and infected tens of thousands of others. Previously, Indonesia was one of the countries that had not been infected, and finally in February the corona virus entered Indonesia. The spread of the corona virus causes panic among Indonesian people. The purpose of this study is to uncover legal sanctions against state officials who violate health protocols during the COVID-19 pandemic. The research method used is a normative legal research method where the reference is based on a conceptual approach to legislation. Sources of materials and laws used are primary and secondary. The data collection technique used is to collect references related to research. Furthermore, the data will be processed and analyzed using legal data processing methods systematically. The results of this study indicate that cases of spread and death rates caused by the corona virus are now increasing quite rapidly, a number of countries have even taken action by prohibiting every citizen from traveling abroad or receiving visits from foreign nationals (lockdown). In order to deal with the unrest experienced by the Indonesian people and efforts to prevent the transmission of the corona virus which is increasingly increasing the number of positive patients, the government issued several regulations or policies, namely Government Regulation of the Republic of Indonesia Number 21 of 2020, concerning Large-Scale Social Restrictions. (PSBB) in the context of accelerating the handling of the 2019 coronavirus disease (covid-19).

Analisis Pemberian Wasiat Wajibah terhadap Ahli Waris Beda Agama Pasca Putusan Mahkamah Agung Nomor 331 K/Ag/2018

2019 ◽  
Vol 1 (2) ◽  
pp. 172
Author(s):  
Alip Pamungkas Raharjo ◽  
Elok Fauzia Dwi Putri
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Before And After ◽  
The Republic ◽  
A Share

In Article 171 letter (c) Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning Compilation of Islamic Law affirms that the rights of non muslim heirs to the inheritance of Islamic heirs do not obtain inheritance from the inheritor's inheritance. However, in its development because it felt unfair, the Supreme Court through The Supreme Court Decision Number 368.K / AG / 1995 provided a way for joint cooperation of different inheritance through a wasiat wajibah. But in its development, this provision was changed again by a landmark decision from the Supreme Court, namely through the Decision of the Supreme Court Number 331 K / AG / 2018 because there was a change in the value of justice in the community. The research method used normative research with constitutional approach, conceptual approach and case approach. This study aims to explain the rights of non muslim heirs to the inheritance of Islamic heirs before and after the Decision of the Supreme Court Number 331 K / AG / 2018. The results showed that prior to the Supreme Court Decision Number 331 K / AG / 2018, heirs of non muslim religions were given a share of inheritance in the form of a wasiat wajibah for ¾ of the inheritance inheritance. Post the Decision of the Supreme Court Number 331 K / AG / 2018, the amount of wasiat wajibah will change to ¼ from the inheritor's inheritance. 

Analisis Pemberian Wasiat Wajibah terhadap Ahli Waris Beda Agama Pasca Putusan Mahkamah Agung Nomor 331 K/Ag/2018

2019 ◽  
Vol 1 (2) ◽  
pp. 172
Author(s):  
Alip Pamungkas Raharjo ◽  
Elok Fauzia Dwi Putri
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Before And After ◽  
The Republic ◽  
A Share

In Article 171 letter (c) Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning Compilation of Islamic Law affirms that the rights of non muslim heirs to the inheritance of Islamic heirs do not obtain inheritance from the inheritor's inheritance. However, in its development because it felt unfair, the Supreme Court through The Supreme Court Decision Number 368.K / AG / 1995 provided a way for joint cooperation of different inheritance through a wasiat wajibah. But in its development, this provision was changed again by a landmark decision from the Supreme Court, namely through the Decision of the Supreme Court Number 331 K / AG / 2018 because there was a change in the value of justice in the community. The research method used normative research with constitutional approach, conceptual approach and case approach. This study aims to explain the rights of non muslim heirs to the inheritance of Islamic heirs before and after the Decision of the Supreme Court Number 331 K / AG / 2018. The results showed that prior to the Supreme Court Decision Number 331 K / AG / 2018, heirs of non muslim religions were given a share of inheritance in the form of a wasiat wajibah for ¾ of the inheritance inheritance. Post the Decision of the Supreme Court Number 331 K / AG / 2018, the amount of wasiat wajibah will change to ¼ from the inheritor's inheritance.Keywords: Non Moslem Heir, Legacy, Moslem Heir, The Supreme Court Decision Number 331 K / AG / 2018

scholarly journals Tanggung Jawab Notaris Menggunakan Layanan Ditjen Ahu Online Dalam Hal Pendaftaran Akta Dan Pengesahan Badan Hukum

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 492
Author(s):  
I Gede Agus Yudi Suryawan ◽  
Dewa Nyoman Rai Asmara Putra
Keyword(s):  
Human Rights ◽  
Data Entry ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Administration System ◽  
Directorate General ◽  
The Republic ◽  
Legal Administration ◽  
Legal Entities

In accordance with the Decree of the Minister of Justice and Human Rights Number M-05 HT.01.01 of 2002 concerning the Enforcement of the Legal Entity Administration System at the Directorate General of General Legal Administration of the Ministry of Justice and Human Rights of the Republic of Indonesia, determines that all legal entity settlements include the ratification of the deed of establishment PT, application for approval and submission of deed reports, amendments to articles of association, fiduciary registration, will registration, are carried out with the online Legal Entity Administration System. So the notary has the authority to register all these legal acts online. The purpose of this research is to find out the role of the Notary in registering deeds and legalization of legal entities through the Directorate General of AHU Online services and to find out the responsibilities of the Notary if there are problems in registering deeds and legal entity approval through the services of the Directorate General of AHU Online. This study uses a normative juridical research method using a statutory approach and a conceptual approach. The results of the research, namely, the role of the notary in registering deeds and ratifying legal entities is entering deed data, checking all deed data to avoid data entry errors and the notary has the responsibility if there is an error from the notary's office, the notary will make corrections at a cost of Notary, however in this regard there is still cooperation from the applicant regarding the required data.

scholarly journals The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah
Keyword(s):  
South Africa ◽  
South Korea ◽  
Judicial Review ◽  
Research Method ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Case Number

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

PERANAN DANA PERIMBANGAN DALAM PEMBIAYAAN PENYELENGGARAAN PEMERINTAHAN DAERAH DI KABUPATEN BANYUMAS

Authentica ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Haedah Faradz
Keyword(s):  
Research Method ◽  
Regional Government ◽  
Conceptual Approach ◽  
West Java ◽  
Regional Office ◽  
State Finance ◽  
Directorate General ◽  
Development Goals ◽  
The Cost

Tax as a source of income for state finance is a manifestation of the community's direct contribution to development goals. The Regional Government of Banyumas Regency on September 10, 2004 proposed the Acquisition of Non-Taxable Tax Objects to the Minister of Finance and based on the Decree of the Head of Regional Office of the Directorate General of Taxation of West Java dated Dec-ember 23, 2004, Kep 14 /WPJ 10/BD05/2004 determine the amount of the acquisition value of non-taxable objects in Banyumas Regency. The problem examined in this paper is The Role of Balancing Funds originating from the Fees for Acquiring Land and Building Rights in financing the administration of regional government in Banyumas Regency; and Factors that influence the receipt of balance funds from the Land and Building Rights Acquisition Fees in Banyumas Regency. The research method used was normative juridical, namely statue approach and conceptual approach then analyzed qualitatively. The cost of acquiring land and building rights (BPHTB) in financing the administration of regional government in Banyumas Regency was still relatively small, and its implementation was also influenced by several factors. Keywords: tax, Customs for Land and Building Rights, locally-generated revenue.

scholarly journals Cyber Espionage Sebagai Ancaman Terhadap Pertahanan Dan Keamanan Negara Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 12-25
Author(s):  
Evi Dwi Hastri
Keyword(s):  
Cyber Security ◽  
Research Method ◽  
Comparative Approach ◽  
National Defense ◽  
Cyber Defense ◽  
Legal Research ◽  
Conceptual Approach ◽  
Cyber Espionage ◽  
The Stability

This research aims to analyze the norms that have a blur (Vague Norm) against Cyber Espionage related to Indonesia's legal ability to accommodate Cyber Espionage attacks. In addition, this study also aims to analyze Indonesia's efforts to overcome the Cyber Espionage attack that could threaten the stability of national defense and security. The type of research in the legal research method used is normative juridical with three problem approaches, namely the Statute Approach, Conceptual Approach, and Comparative Approach. Primary and secondary legal materials that have been collected will be processed through deductive methods and an analysis of legal materials is carried out, namely by systematic interpretation and extentive interpretation. So based on the results of the discussion, then there is a Vague Norm about Cyber Espionage that affects Indonesian law in accommodating. The efforts taken by Indonesia to deal with Cyber Espionage outside of juridical efforts began with the preventive efforts of Cyber Security and Cyber Defense, optimizing the role of the TNI, BIN, and POLRI as national resources in defending the country's defense.

scholarly journals MODEL PENGUJIAN PERATURAN PERUNDANG-UNDANGAN SATU ATAP MELALUI MAHKAMAH KONSTITUSI

2018 ◽  
Vol 25 (2) ◽  
pp. 247
Author(s):  
Sholahuddin Al-Fatih
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Constitutional Court ◽  
Regulatory Testing ◽  
The Supreme Court ◽  
New Ideas ◽  
The Republic ◽  
Bureaucratic Reform

Post-reform of the role of judicial institution is run by two institutions namely the Supreme Court and the Constitutional Court. The duties and authorities of the two institutions are regulated in the Constitution of the Republic of Indonesia 1945 and the act that addresses the three institutions more specifically. Several powers possessed by the Supreme Court and the Constitutional Court, one of them is the authority to judicial review. The Constitutional Court is authorized to review the act on the Constitution of the Republic of Indonesia 1945, while the Supreme Court is authorized to review under the Act on the above legislation.The unfairness of the regulatory testing function is feared to trigger bureaucratic inefficiency. Based on data released by the Supreme Court Clerk, it was recorded during 2016 that the Supreme Court received 18,514 cases, including the Hak Uji Materi (HUM) subject to legislation under the Act. While the number of cases of judicial review of the Constitutional Court in 2016-2017 amounted to only 332 cases. Therefore, it is necessary to conduct a bureaucratic reform and provide new ideas related to the model of one court of judicial review in Indonesia. So that in this paper will be discussed deeply about problematic of judicial review in Indonesia and the authority of the Constitutional Court to review the act under one roof with SIJURI mechanism.

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