THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE

The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.

Limitation of Application for Cancellation of Election Results Regional Head in Justice Perspective

The type of research used in this research is normative legal research. The ratio of legislative norms limiting applications for cancellation of regional head election results contained in Article 158 paragraph (1) and paragraph (2) of Law no.10 of 2016 is to ensure that the cases submitted are cases that have significance with the electability of pairs of candidates for regional head and deputy regional head and to avoid the large number of dispute requests submitted by pairs of candidates for regional head and deputy regional head who feel aggrieved to the Court Constitution. Second, Article 158 paragraph (1) and paragraph (2) of Law Number 10 of 2015 is an open legal policy that forms the law as an effort to encourage the development of an increasingly mature political ethics and culture. The existence of the threshold norm of the difference in votes in reality is not in line with the principle of protecting human rights as mandated in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, because it will hinder the rights of citizens to obtain legal protection and fair legal certainty. Not all cases of dispute over the results of regional head elections that are submitted to the Constitutional Court meet the threshold for the difference in votes in Article 158 paragraph (1) and paragraph (2) of Law no. 10 of 2016. The breakthrough made by the Constitutional Court as an effort to realize substantive justice for justice seekers, but this condition creates legal uncertainty.

Pendekatan dan Politik Hukum dalam Pembangunan Hukum Pidana di Indonesia

<p><em>The construction of the law is a sustainable development, because the formation of the law was never completed. This is because the law develops as the community develops. In carrying out legal development there must be a determinant of the direction, the direction of legal development, as well as the development of criminal law in Indonesia. Based on this, it will be examined how the politics of criminal law development law in Indonesia, as well as how the approach used in order to create substantive justice</em><em>. </em><em>To achieve this goal is used qualitative research type with normative juridical approach. To obtain the data used historical, philosophical and hermeneutic approach</em><em>. </em><em>The results of this study show that the politics of law that is the direction of criminal law development in order to create substantive justice is the politics of law based on Pancasila, while the approach used is a religious approach, scientific approach, policy approach and humanist approach</em>.</p><p>Pembangunan hukum merupakan pembangunan yang berkelanjutan, karena pembentukan hukum itu tidak pernah selesai. Hal tersebut dikarenakan hukum berkembang seiring perkembangan masyarakat yang bersangkutan. Dalam melakukan pembangunan hukum harus ada penentu arah, ke mana arah pembangunan hukum, demikian juga halnya dalam pembangunan hukum pidana di Indonesia. Berdasarkan hal tersebut maka tulisan bertujuan untuk mengkaji bagaimana politik hukum pembangunan hukum pidana di Indonesia, serta bagaimana pendekatan yang digunakan agar dapat menciptakan keadilan substantif. Untuk mencapai tujuan tersebut digunakan jenis penelitian kualitatif dengan pendekatan yuridis normatif. Untuk mendapatkan data digunakan pendekatan historis, filosofis dan hermeneutik. Hasil penelitian ini menunjukkan bahwa politik hukum yang menjadi arah pembangunan hukum pidana agar tercipta keadilan substantif adalah politik hukum berdasarkan Pancasila. Sedangkan pendekatan yang digunakan agar dapat terwujud keadilan substantif dalam pembangunan hukum adalah pendekatan religius, pendekatan keilmuan, pendekatan kebijakan dan pendekatan humanis.</p>

A büntetőeljárás fő céljának érvényesülése a semmisségi panasz- és a felülvizsgálati eljárásban

The main goal of the ciminal procedure is the truth, and within this reaching substantive justice. In the first Code of Criminal Procedure of Hungary (Act No. XXXIII. of 1896), this was essential, too. Looking back at Ferenc Finkey, this study looks into whether substantive justice is available in the proceedings for legal remedy. It examines two remedies: the proceeding on complaint of nullity (in Act No. XXXIII. of 1896), and judicial review (in Act No. XC of 2017).

Intergenerational Justice and Debt

Discussions of public debt often take on an intergenerational character. Balanced budget amendments and austerity policies are justified by appeal to the idea that high levels of national or state debt represent an unfair burden on the future. Conversely, debt forgiveness campaigns that appeal to the International Monetary Fund and World Bank often suggest that debt harms the interests of the future citizens of the indebted nation. In response to these issues, this chapter makes three significant points. First, it argues that, somewhat controversially, states are often more likely to undermine substantive justice by taking on too little debt rather than by taking on too much. This section looks at the best available evidence from macroeconomics on the relationship between debt and economic growth. Second, the chapter examines the procedural issues for making debt policy decisions and how they can more reliably reflect the interests of the future; it argues in favor of a guardianship paradigm for intergenerational procedural justice. The chapter also shows that sustainable infrastructure is necessary to complement the guardianship paradigm by generating a convergence between justice-based motivations and economic self-interest. Finally, the chapter argues that questions of global and intergenerational justice are inextricably linked in the context of public debt because global injustice often limits the ability of some states to properly manage their fiscal affairs.

PERSPECTIVE OF RELIGIOUS JUSTICE IN THE FORMULATION OF PENAL REFORM

The perspective of justice from law enforcement is only on the law’s guidance, not based on God’s guidance that prioritizes substantive justice. The idea of religious justice contained in the renewal of criminal law there is Article 53 paragraph (2), with the provision reads in considering the establishment of law and justice as referred to in paragraph (1) there is a conflict that can not be met, the judge must prioritize justice. The recommendations are stated because the explanation of Article 53 paragraph (2) says that justice and legal certainty are two legal objectives that are often not in line with each other and difficult to avoid in legal practice. A rule of law that meets more legal certainty demands, the more likely aspects of justice are urged. Metode research used in this study is normative research, namely research on library materials that are essential data that is classified as secondary data that rests on data collection tools similar to literature studies or document studies. The results showed that if in the application of concrete events, justice and legal certainty are mutually urgent, then the judge, as far as possible, prioritizes justice over legal certainty. Religious Justice that exists in the value of Pancasila formulated into the renewal of criminal law justice contains a demand that people treat others following their rights and obligations. The treatment is not indiscriminate or compassionate; instead, everyone is treated equally under their rights and responsibilities.

9. Administration of justice

‘Administration of justice’ examines the administration of justice under Islamic law, highlighting the importance of adjudication. The processes of administration of justice in Islamic law have never been static or inflexible but leave room for necessary refinement as the needs of substantive justice demand. Such refinements are left to the jurists and the relevant state authorities to decide in accordance with the sharīʻah. The jurisprudential rules relate to the appointment and role of judges, structure of courts and judicial procedure, rules of evidence, and appeals and judicial reviews. Islamic law also recognizes alternative non-judicial means of settling disputes, such as arbitration or mediation (tahkīm) and amicable settlement or conciliation (sulh).

Intersectionality, Forced Migration, and the Jus-generation of the Right to Flee

This chapter critiques the piecemeal approach of the Strasbourg Court to the question of access to asylum, showing how intersectionality theory can facilitate a principled shift towards an analysis that captures the complexity of refugees’ position and recovers the indivisibility of human rights. The theory calls for the multi-dimensional appreciation of human experience in a way that encompasses the whole breadth of lived realities. A similar approach is advocated herein to the construal of the law so that intersectional thinking guides not only the appraisal of factual constellations, but also the interpretation of applicable norms. Only a whole-of-person approach matched by a whole-of-legal-system interpretation can realise substantive justice in practice. This requires a holistic understanding that penetrates the full depth of individual situations and incorporates all the relevant legal provisions in cumulative fashion, acknowledging the jus-generative effects of their interaction, overcoming the limitations of current constructions of rights as disconnected from each other and from the circumstances to which they apply. In the asylum-seeking context, the outcome of the intersection between the right to leave and the right to protection against ill-treatment is the composite ‘right to leave to escape ill-treatment’ or ‘right to flee’, based on the interactive combination of existing entitlements (without the need for new law). The purchase of this method is wider than this chapter has scope to demonstrate. It can be applied to the ECHR as a whole, promoting internal consistency and supporting its development as a constitutional instrument of European public order.

The Establishing Paradigm of Dominus Litis Principle in Indonesian Administrative Justice

This study aimed to analyse a shifting paradigm of Dominus Litis (judge activeness) in the Indonesian state administrative justice. This principle emphasises that judges expand the paradigm that judges are not limited to being used in processes regulated in law. However, judges need to actively develop the paradigm to make legal discoveries oriented towards substantive justice and expand the paradigm from merely resolving disputes positivistically to resolving conflicts with paradigms. Legal realism and sociological jurisprudence to create substantive justice. This paper uses the normative research method, with a statutory approach and case approach by analysing two decisions of state administrative court judges. The result showed that Dominus Litis in the dispute's accomplishment is not limited to the implementation of juridical-legal positivism factors, but on how judges use their mindset to provide ideal decisions and conduct legal reasoning use socio-legal and socio-cultural paradigms. The development of demands for justice has also experienced a paradigm shift of justice. It requires the principle of an active judge who always follows developments in public policy, such as the principle of sustainable development related to environmental and natural resource issues, and finding the legal material truth.