scholarly journals Position of witness in the judge power system in Indonesia

2020 ◽  
Vol 9 ◽  
pp. 254-258
Author(s):  
Yudo Adiananto ◽  
Abdul Rachmad Budiono ◽  
Tunggul Anshari SN ◽  
Iwan Permadi

The prosecutor's position as a government agency that carries out state power in the field of prosecution has resulted in its own legal problems.  The Attorney General's Office, on the one hand, is part of a government agency (executive) and is carrying out a prosecution (judicial) function. There is a conflict of norms in the regulation between Article 2 paragraph (1) of Law No.  30 of 2004 concerning the Attorney General's Office of the Republic of Indonesia with Article 38 paragraph (1) and paragraph (2) letter b of Law No. 48 of 209 concerning Judicial Power. The Prosecutor's Office in carrying out its authority independently and independently in the field of prosecution is difficult to be separated from the influence of the power of the authorities, because the Prosecutor's position is under the executive power.

2020 ◽  
Vol 29 (5) ◽  
pp. 329
Author(s):  
Kazimierz Michał Ujazdowski

<p>The Fifth French Republic owes its originality and permanence to Charles de Gaulle’s constitutional convictions and his determination to reform. However, in the case of France, which intellectual culture presupposes that institutions are shaped by a logical sequence of ideas, also the scientific justification of the political change must have been of great importance. The author of the theoretical rationalization of the Fifth Republic and its institutional revolution within the republican tradition was the forgotten lawyer Raymond Carré de Malberg. Pioneering nature of his writings may not raise any doubts. Carré de Malberg challenged a theory of parliament’s sovereignty from the republican perspective, which had an impact on thinking of the juristic elites participating in drafting the Fifth Republic Constitution. Carré de Malberg opened the door of republican tradition wide to the general presidential elections and referendum. He delineated the solution he recommended as the one that was in full accord with the notions and principles of the French Revolution. He applied the legal language to underscore the fact that the republic democratization would allow for the subjectivization of the executive power, restoration of the constituting power of the nation, primacy of the constitution and, consequently, the review of the constitutionality of bills. Carré de Malberg made a breakthrough in the French theory of constitutional law and thus opened up an opportunity for staging a republican institutional revolution that was an act of the founders of the Fifth Republic.</p>


2020 ◽  
Vol 23 (6-7) ◽  
pp. 26-38
Author(s):  
Eduard Gugnin

The article describes the descriptive characteristics of demographic and economic factors of state weakening in their multicausal interactions, which is based on the analysis of empirical indicators of state instability of the demographic and economic sphere, proposed by the Peace Foundation and partial logical extrapolation of these indicators to the social reality of Ukraine. As a result of research the following conclusions are formulated. The analysis of the factors of weakening of the state power in Ukraine allows to carry out their conditional hierarchy which will be defined by features of a social-institutional and social-group profile of the Ukrainian society. It is stated that the weakening of state power over the past 5 years can be considered both as the root cause and as a consequence of external influence. At the same time, it was emphasized that the external influence on the functioning of state institutions, the economy, and the mass media took place at the start of Ukrainian independence. It is noted that at the level of a formal constitutional act Ukraine was declared an independent and sovereign state, in social practices one could observe an unspoken (shadow) restriction of sovereignty by the presence of infiltrated groups of influence of other states (including Russia, USA, EU countries) in parliament, bodies executive power in general and special services in particular. It is noted that their very presence, on the one hand, was a consequence of the instability of the borders of identity of the political space of Ukraine, its power and information depressurization, on the other hand - the weakness of cultural filters, which was expressed in cult attitude to actors of foreign origin.It is emphasized that these actors of external influence did not (and could not) have an interest in strengthening Ukrainian statehood, and therefore created a regime of ignorance and silence to solve a number of current problems and crises, from cultural to environmental. It is noted that at the same time, it is impossible to remove some responsibility for maintaining such a regime from ordinary citizens, who, as bearers of Soviet political culture, are accustomed to building relations with the state in the usual paternalistic format. It was stated that the consequences of covert external influence and its ignorance and tacit indulgence by the population were protest movements, which grew into the Orange Revolution of 2005 and the Revolution of Dignity of 2014.Attention is focused on the fact that the "coefficient of usefulness" of these events for Ukrainian society (except for the ruling elites) remains quite insignificant. Permanent fragmentation of state power and its delegitimization continue, crisis phenomena in the economy become more complicated and intensified, environmental problems are postponed, however, they steadily affect the creation of discontent groups. It is summarized that all this highlights the need for sociological reflection and implementation of management strategies to overcome the crisis, part of which is a multi-causal study of external influence on Ukraine, which has been the subject of analysis in this article and future publications.


2016 ◽  
Vol 12 (2) ◽  
pp. 217
Author(s):  
Firman Floranta Adonara

The principle of judicial independence is part of the judicial power. Judicial power is independent of state power to conduct judiciary to uphold law and justice based on Pancasila and the 1945 Constitution, for the implementation of the legal state of the Republic of Indonesia, as requested Article 24 of the 1945 Constitution principle of judicial independence in carrying out his duties as a judge, it can give you the sense that judges in performing their duties of judicial power should not be bound by any and / or pressured by anyone, but free to do anything. The principle  of judicial independence is an independence or freedom possessed by the judiciary for the creation of a decision that is both objective and impartial. The Indonesian judges understand and implement the meaning of judicial independence as a responsible freedom, freedom in order corridor legislation applicable to the principal duty of the judicial authorities in accordance procedural law and regulations in force without being influenced by the government, interests, pressure groups , print media, electronic media, and influential individuals.


Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Magabe T Thabo ◽  
Kola O Odeku

The Constitution of the Republic of South Africa, 1996 creates a system in which there is a separation of the powers exercised by the different branches of the State. It also creates a system of checks and balances. The exercise of a power by one arm of state is checked by another to ensure that there is no abuse of state power. Organs of state ought to respect each other and the powers allocated to them by the Constitution. To this end, no organ of state should encroach upon the domain of the other organs. However, the courts wield enormous power because they are the ultimate guardians and custodians of the Constitution in South Africa. Courts have the power to declare any law or conduct unconstitutional. Where decisions have been taken by other arms of the State on matters falling within their exclusive domain and such decisions violate the Constitution, courts have a duty to intervene in order to make organs of state act within constitutional bounds. However, courts should not be overzealous and should not encroach upon the powers of the other arms of the State when exercising their judicial power and authority. Against this backdrop, this article analyses how the South African courts have cautioned themselves to exercise self-restraint in order not to usurp or encroach upon the powers of the other arms of the State while exercising their judicial authority and power.


2018 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
DIAN ROSITA

<p align="center"><strong>ABSTRAK</strong></p><p align="center"> </p><p class="Style2">Selama ini pengaturan kedudukan Kejaksaan tidak diatur secara tegas dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 hanya disebut secara eksplisit dalam Pasal 24 ayat (3) UUD NRI Tahun 1945 yang menyatakan, “Badan-badan lain yang fungsinya berkaitan dengan kekuasaan kehakiman diatur dalan undang-undang.” Pasal 2 ayat (1) Undang –Undang Kejaksaan No. 16 Tahun 2004 tentang Kejaksaan menyebutkan bahwa Kejaksaan adalan lembaga pemerintah yang melaksanakan kekuasaan Negara dibidang penuntutan serta kewenangan lain yang berdasarkan undang-undang. Sehingga secara kelembagaan berada di bawah kekuasaan eksekutif namun dalam menjalankan tugas dan fungsinya  merupakan bagian dari kekuasaan yudikatif yang menjadikan ketidakjelasan kedudukan Kejaksaan dalam struktur ketatanegaraan Indonesia. Penelitian ini menggunakan metode yuridis normatif dengan spesifikasi penelitian yang bersifat preskriptis analitis. Jenis data yang digunakan dalam penelitian ini adalah data sekunder, yaitu data yang diperoleh melalui bahan hukum primer, sekunder dan tersier. Simpulan yang diperoleh dari hasil penelitian ini adalah kedudukan Kejaksaan yang secara kelembagaan berada di bawah kekuasaan eksekutif dan secara kewenangan dalam melaksanakan tugas dan fungsinya termasuk bagian dari kekuasaan yudikatif menyebabkan Kejaksaan rawan terhadap intervensi kekuasaan lainnya dalam melaksanakan  tugas dan fungsinya sebagai pelaksana kekuasaan negara di bidang penuntutan. Serta untuk mewujudkan kekuasaan penuntutan yang independen maka perlu untuk melakukan reposisi kedudukan Kejaksaan Republik Indonesia</p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em> </em></p><p><em>So far, the regulation of the Public Prosecutor's Office is not expressly stipulated in the 1945 Constitution of the State of the Republic of Indonesia. It is only mentioned explicitly in Article 24 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia which states, "Other bodies whose functions relate to the judicial authority are regulated in legislation" Article 2 paragraph (1) of the Prosecutor's Law No. 16 of 2004 on the Prosecutor's Office. It states that the Attorney is a government institution that exercises state power in the field of prosecution and other authorities based on the law. So that institutionally, it is under the executive authority but in carrying out its duties and functions it is part of the judicial power that makes the ambiguity of the position of the Prosecutor in the structure of the state administration. This research used normative juridical method with analytic prescriptive research specification. The type of data used in this study is secondary data, data were secondary data which gained from primary, secondary and tertiary legal materials. The conclusion derived from the results of this study is the position of the Attorney which is institutionally under the authority of the executive. Further, its authority in carrying out its duties and functions includes part of the judicial power, it causes the Attorney is prone to other power intervention in carrying out its duties and functions as the executor of state power in the field of prosecution. To realize the power of independent prosecution, it is necessary to reposition the position of the Prosecutor of the Republic of Indonesia.</em></p><p class="Style2"> </p>


2020 ◽  
Vol 9 (1) ◽  
pp. 205
Author(s):  
Anna Liubchych ◽  
Olena Savchuk ◽  
Kateryna Vrublevska-Misiuna

The work contains the analysis of forestry management legal problems in Ukraine and the European Union, highlighting the problematic points in the national legislation and the possibility of implementing the experience of developed countries. There are singled out the ways to improve forestry legislation, with accentuating the need in developing a nation-wide forestry program which would regulate forestry management with accounting for preservation of the forest’s ecology function and biologic potential. It is proved that a woodcutting site has attributes of a forestry relations object as a plot of the forest fund of Ukraine with established borders. Also, there arises the need in revising the Regulation on territorial offices of the central executive power body that carries out state policies in forestry and in bringing it to the correspondence with the requirements of standing legislation of Ukraine and the Regulation on State forest inspection of Ukraine, granting it plenary powers similar to those in the leading European countries, for instance “forest guard” of the Republic of Poland.  Key words: Forest; Woodcutting; Timber harvesting; Forest resources; Woodcutting site; Forestry management; Forest site; Forestry.


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


2020 ◽  
Vol 26 (2) ◽  
pp. 456-480
Author(s):  
R.B. Galeeva

Subject .This article discusses the need to bring into line with the future activities of specialists the content of their preparation, the formation of a system model of higher education, which takes into account today's and prospective requirements of the labor market. Objectives. The article aims to research the labor market in four regions of the Volga Federal District of the Russian Federation: the Republic of Tatarstan, Mari El Republic, Chuvash Republic, and the Ulyanovsk oblast, as well as discuss problems and prospects of interaction of universities with enterprises and organizations of these regions. Methods. For the study, I used the methods of logical and statistical analyses, and in-depth expert survey. Results. The article analyzes the state of regional labor markets, presents the results of the expert survey of labor market representatives and heads of the regional education system, and it defines possible ways of harmonizing the interaction of universities with the labor market. Conclusions. The article notes that although the number of employed with higher education is growing, at the same time there is a shortage of highly qualified personnel in certain professions, on the one hand, and unskilled workers, on the other. Also, the article says that the universities do not prepare the necessary for the regions specialists in a number of professions or they provide a set of competencies different from the requirements of the labor market, so it is necessary to form and develop effective directions of cooperation between educational institutions and employers.


2020 ◽  
Vol 4 (3) ◽  
pp. 247
Author(s):  
Dwi Swasono Rachmad

<p><em>H</em><em>ousing is derived from the word house</em><em> which means</em><em> a place that has a place to live which will stay or stop in a certain time. Housing is a residence that has been grouped into a place that has facilities and infrastructure. The problem in this study focuses on the type of residential ownership in the form of SHM ART, SHM Non ART, NON SHM and others. </em><em>T</em><em>hese four types</em><em> can be used</em><em> to know the percentage of ownership in all provinces in Indonesia. Due to the fact that there is still a lot of information about the type of certificate ownership, there is still not much ownership. Therefore, the use of the k-Means algorithm as a data mining concept in the form of clusters, where the data already has parameters or values that fall into the category of unsupervised learning. That data produced the best. The data was obtained from published sources of the Republic of Indonesia government agency, namely the Central Statistics Agency data with the category of household processing with self-owned residential buildings purchased from developers or non-developers by province and type of ownership in 2016 throughout Indonesia. In conducting the dataset, researchers used the RapidMiner application as a clustering process application. This research </em><em>shows that</em><em> there are more types of ownership in the SHM ART, but for other values it is still smaller than the value in other types of ownership which is the second largest value. So</em><em>,</em><em> in this case, the role of government in providing assistance in the process of ownership in order to become SHM ART</em><em> is very important</em><em>.</em></p>


Symmetry ◽  
2021 ◽  
Vol 13 (5) ◽  
pp. 737
Author(s):  
Jelena D. Velimirovic ◽  
Aleksandar Janjic

This paper deals with uncertainty, asymmetric information, and risk modelling in a complex power system. The uncertainty is managed by using probability and decision theory methods. More specifically, influence diagrams—as extended Bayesian network functions with interval probabilities represented through credal sets—were chosen for the predictive modelling scenario of replacing the most critical circuit breakers in optimal time. Namely, based on the available data on circuit breakers and other variables that affect the considered model of a complex power system, a group of experts was able to assess the situation using interval probabilities instead of crisp probabilities. Furthermore, the paper examines how the confidence interval width affects decision-making in this context and eliminates the information asymmetry of different experts. Based on the obtained results for each considered interval width separately on the action to be taken over the considered model in order to minimize the risk of the power system failure, it can be concluded that the proposed approach clearly indicates the advantages of using interval probability when making decisions in systems such as the one considered in this paper.


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