scholarly journals The Adjudication Function of the Election Supervisory Body (ESB) in Realizing Election Justice

2021 ◽  
Vol 2 (4) ◽  
pp. 9-19
Author(s):  
Sahran Raden
Keyword(s):  
Justice System ◽  
Supervisory Board ◽  
Deterrent Effect ◽  
Electoral Process ◽  
Legal Norms ◽  
Democratic Principles ◽  
Laws And Regulations

ESB's adjudication role and the nature of its presence in Indonesia's electoral justice system are the focus of this research. In a normative juridical approach and analytic descriptive, the researcher examines the legal norms in relevant laws and regulations to determine whether they have been violated. Indonesia's Election Supervisory Board (ESB) was created to ensure free and fair elections that adhere to democratic principles. The election adjudication function is attributable to Law Number 7 of 2017 concerning the ESB as an institution with the authority to resolve electoral process disputes. The existence of the ESB institution has made many positive contributions to the process of democracy development in Indonesia, the large number of violations originating from findings and reports handled by the ESB, is able to provide a deterrent effect for perpetrators of violations of laws and regulations, both election participants and election organizers.

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

On the Improvement of the Legal System of the Logistics

2014 ◽  
Vol 1030-1032 ◽  
pp. 2586-2588
Author(s):  
Chang Gen Zhu ◽  
Hao Jing Sun
Keyword(s):  
Legal System ◽  
Developed Countries ◽  
Modern Logistics ◽  
Logistics System ◽  
Market Mechanisms ◽  
Logistics Industry ◽  
Legal Norms ◽  
Logistics Market ◽  
The Times ◽  
Laws And Regulations

China's logistics industry, the lack of laws and regulations system, harmony, lack of coordination of the logistics market mechanisms and coordinating bodies, lower levels of legal norms logistics, logistics legislation does not do the times. We have a deep review of the legal system of China's logistics defects, based on practice, learn from the successful experience of Japan and other developed countries, multi-pronged approach. Finally, the establishment of a modern logistics system of laws and regulations, the author puts forward some suggestions.

COOPERATION OF CIS MEMBER STATES ON SECURITY ISSUES

2021 ◽  
pp. 102-111
Author(s):  
Irina E. Khanova ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Justice System ◽  
Early Stage ◽  
Member States ◽  
Commonwealth Of Independent States ◽  
Legal Norms ◽  
Security Issues ◽  
Independent States ◽  
The Russian Federation

Throughout the period of the existence of the Commonwealth of Independent States, mechanisms were formed to determine the topical direc- tions of joint lawmaking, to jointly develop and implement legal norms, to work on the approximation of national legislations, etc. Already at an early stage of the functioning of the Commonwealth of Independent States, the cooperation of national prosecutor’s offices acquired special significance, as evidenced by the establishment of the Coordination Council of Prosecutor- Generals of Commonwealth Member States in 1995. The present article studies the basic aspects of the interaction between prosecutor’s offices in the Commonwealth of Independent States in the protection of the human and civil rights and free- doms. The article also looks at the dynamics of offending in Commonwealth countries and analyses the factors influencing it; it gives examples of reforms to criminal law and criminal procedure in some Commonwealth countries aimed at making the justice system more effective and protecting the rights and freedoms of citizens. The author pays particular attention to the work of the Russian prosecution services, stressing that the experience of lawmaking and the law enforcement practices of the Russian Federation may be of use in the practical work of the general prosecutor’s offices of the post-Soviet countries that are members of the Commonwealth of Independent States.

scholarly journals Observers in the Process of Concluding International Treaties

2018 ◽  
Vol 5 (4) ◽  
pp. 23-29
Author(s):  
A Yu Kurashvili
Keyword(s):  
International Organizations ◽  
International Treaties ◽  
International Treaty ◽  
Legal Norms ◽  
The Status ◽  
Laws And Regulations

The article deals with the participation of observers from states and international organizations in the process of concluding international treaties. The status of observers is not defined in present laws and regulations; also there are no significant scientific researches on this topic, both internationally and nationally. Nevertheless, as a result of long practice, a certain set of rights and obligations of observers has been formed, which characterizes their status. In the present publication, the author dissects separate stages of treaty-making process in which observers can be involved and gives the characteristics of rights and obligations for such observers. Despite the limited functionality of the observers, their involvement in the process is quite high. When discussing the provisions of the international treaty, it is important for its future participants to obtain the opinion of competent organizations or interested states on the subject and the main provisions of such treaty. Thus, the participation of observers in the process of concluding international treaties is not only a unilaterally granted privilege, but also a legal symbiosis with other actors in the process, where treaties become more natural and viable. In the author’s opinion, observer states and observer organizations play an important role in the process of creating international legal norms. Taking into account the comments and recommendations of observers at conferences or in international organizations significantly increases the chance of adopting the text of the treaty when voting. This research may be of interest to persons engaged in law of treaties, law of international organizations, procedural issues of concluding international treaties, as well as the status of participants in the process of concluding treaties.

scholarly journals Legal Certainty in Judge's Decision Against Perpetubuhananak Criminal Actors Sentenced to Prison Under Special Minimum Limits (Case Study Number 38 / Pid.Sus / 2019 / Pn Pdg)

2020 ◽  
Vol 7 (7) ◽  
pp. 726
Author(s):  
Fuad Ar Rahim ◽  
Ismansyah Ismansyah ◽  
Aria Zurnetti
Keyword(s):  
Child Protection ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Prison Sentence ◽  
Legal Certainty ◽  
Minimum Threshold ◽  
Legal Norms ◽  
Case Number ◽  
Practical Level

The Judge's decision is closely related to how the Judge expresses his opinion or consideration based on the facts and evidence in the trial and the Judge's confidence in a case he is trying. Even though the Judge has free or independent power to impose his decision, the prison sentence is still below the specific minimum limit, causing controversy or debate, especially regarding what legal norms are used by the Judge in deciding the case, so that the Judge leaves aside the special minimum threat which is expressly regulated in the Child Protection Act. The verdict in the form of imprisonment imposed under this special minimum threshold can be considered too light and it is feared that it will not cause a deterrent effect for the perpetrators in the future and may damage the legal certainty as mandated in the Child Protection Act. This can be seen in the Padang district court's decision Case number 38 / Pid.Sus / 2019 / PN Pdg, the judge handed down a prison sentence below the specific minimum against the Defendant. The method used in this research is normative juridical method. This type of research is descriptive using secondary data. The results of the study show that 1) Judge's considerations in imposing a criminal sentence under the threat of a specific minimum prison sentence against the Defendant are based more on non-juridical considerations which are then used as judicial considerations of the Judge by observing the reconstruction of legal facts revealed at the trial and guided by Circular Supreme Court Number 1 Year 2017; 2) Judge's consideration of the conviction under a special minimum threat as the case above raises legal uncertainty both at the normative level and at the practical level.

scholarly journals PROBLEMATIKA HUKUM FUNGSI REKRUITMEN ORGANISASI SAYAP PARTAI POLITIK

2020 ◽  
Vol 2 (2) ◽  
pp. 102-112
Author(s):  
Abd. Rais Asmar
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Secondary Data ◽  
The Political ◽  
Legal Research ◽  
Legal Norms ◽  
Legal Problems ◽  
Political Recruitment ◽  
Laws And Regulations

The success of the performance of the political recruitment function by Political Parties departs from its cadre mechanism. This is supported by the regeneration of a good and responsible wing organization of political parties. This study aims to determine legal problems related to the function of the wing organization of political parties. The type of research in this writing is normative legal research, with a statutory approach and a literature approach. This research examines the laws and regulations on political parties and related legal norms. The data used are secondary data consisting of primary and secondary legal materials. Primary legal materials are in the form of Law Number 2 of 2008 concerning Political Parties, while secondary legal materials are in the form of books, journals and articles related to the topic of the problem. The results showed that there were still several problems, such as the lack of rules governing the Organization of the Political Party Wing and the activities of cadres related to their location and background.

scholarly journals PENGGANTIAN BIAYA KEPADA SAKSI ATAU AHLI DALAM RANGKA MEMBERIKAN KETERANGAN DALAM SISTEM PERADILAN PIDANA (Studi Penelitian di Wilayah Hukum Pengadilan Negeri Takengon)

2021 ◽  
Vol 8 (2) ◽  
pp. 128
Author(s):  
Lisa Purba Hajini Purba ◽  
Sumiadi S ◽  
Yusrizal Y
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
District Court ◽  
Compensation Mechanism ◽  
Legal Research ◽  
Legal Norms ◽  
Procedure Code ◽  
The Law ◽  
The Cost

Summons of witnesses at each level of criminal case examination has consequences for the cost of attending the summons. So far, the provisions regarding the cost of summoning witnaesses and experts have been regulated in Article 229 of the Criminal Procedure Code and Law Number 13 of 2006 concerning Protection of Witnesses and Victims and Law Number 2 of 2002 concerning Procedures for Protection of Witnesses and Victims in Human rights violations, however, in reality the fees that have been regulated in the law are not fully provided to all witnesses and even if there are costs they are not up to standard and not optimal. These costs include accommodation costs, consumption costs, transportation costs and costs of reimbursing lost income due to having to attend calls. The purpose of this research is to find out and explain the compensation mechanism to witnesses or experts in order to differentiate information in the criminal justice system in the jurisdiction of the Takengon District Court and what are the obstacles in reimbursing costs to witnesses or experts in order to provide information in the criminal justice system in the region. the law of the Takengon District Court. This type of research is juridical empirical, that is, approaching the problem through legal research by looking at the prevailing legal norms and relating them to the facts that exist in society in connection with the problems encountered in the research.

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