Determination Authority of State Financial Loss in Criminal Acts of Corruption Post Constitutional Court Decision Number 25/Puu-Xiv/2016

The Constitutional Court (MK) issued Decision Number 25/PUU-XIV/2016 on January 25, 2017. This decision states clearly that the word "can" in Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UU Tipikor) is unconstitutional and lacks legal force. With the elimination of the word "can," a person can only be said to have violated Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law if the person's actions resulted in real state losses, or losses of the nature of actual loss, and not to accommodate state losses that are still potential, or potential losses.

EKSEKUSI TERHADAP OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 DAN BENTUK PERLINDUNGAN HUKUM TERHADAP DEBITUR

Fiduciary guarantee is a guarantee right for movable objects both tangible and intangible and immovable, especially buildings that cannot be encumbered with mortgage rights that remain in the possession of the Fiduciary Giver, as collateral for certain repayments that give priority to Fiduciary Recipients over other creditors. After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 resulted in changes to the provisions of Article 15 paragraph (2), Article 15 paragraph (3), and Elucidation of Article 15 paragraph (3) UUJF, specifically changes to the interpretation of breach of fiduciary violations and executions. This thesis will discuss issues regarding the execution of fiduciary security objects after the Constitutional Court ruling No. 18 / PUU-XVII / 2019 and how the legal protection of debtors for arbitrary creditors' actions.Keywords: execution, fiduciary, debtor protection.

Verbalisan Witness Position as Evidence of a Criminal Case

The presence of Constitutional Court Decision Number 65/PUUVIII/2010 expands the meaning of witnesses in Article 1 point 26 of the KUHAP, resulting in the emergence of various interpretations in criminal justice practice concerning the position of verbal witness testimony as evidence. Juridically, the decision creates problems considering that the Criminal Procedure Code or Kitab Undang-Undang Hukum Acara Pidana (KUHAP) does not recognize verbal witnesses' testimony as evidence. This study examined the position and the strength of verbal witnesses' testimony as evidence in criminal proceedings. After gathering all the data using normative and empirical juridical research, this paper concludes that the testimony of verbal witnesses is grouped in the evidence of guidance in Article 188 Paragraph (1) of the KUHAP because the testimony of verbal witnesses is not primary evidence. After all, its existence is contingent on the judge's willingness to employ it. The strength of proof of testimony of verbal witnesses is that they must satisfy the elements of Article 188 paragraph (1) of the KUHAP, namely the information referred to in the form of events or circumstances concerning a criminal act, as well as conformity with other evidence, as required by Article 188 paragraph (2) of the KUHAP.

Evidential representation of using the modern devices and decisionmaking feasibility in Pakistan

In the long run of modernity and technicality, the use of smart appliances in every field of life has been the need and demand of the era. The evidential representation by using modern devices is permissible in various developed judiciary cultures of the world. Pakistani courts and the judiciary system are also adopting modern devices to present the evidence in the courts for authentic decision-making. The articles and sections of Qanun-e-Shahadat order, 1984 and Electronic Certification Accreditation Council under Section 18 clarified using modern technologies to present the evidence in the courts with state and religion's perspectives of acceptability. The study descriptively demonstrated various types of modern devices use for evidential representation of offenders data; press reports and press clips, fax, email and internet evidence, cell phones, computer-related data, audio recordings, photographs and screenshots, video films and video cassettes, CCTV footage, polygraphy test and DNA test. In each type of modern evidential representation, the registered, recorded and solved cases have also been mentioned as proof of modern devices application in court decision-making feasibility. The study found that the unapproached low-class sector of society feels reluctant to rely on and use modern devices for court hearings and decision-making due to unawareness and unavailability of modern resources. There is also the issue of some insecurities and inadequacies of using modern devices as evidential representation because of editing, cropping and regenerating the duplicate evidence that could not be verified due to lack of technical flaws and advancement of computerized technology.

Analisis Pasangan Calon Tunggal Dalam Pemilihan Kepala Daerah Kota Pematang Siantar Tahun 2020

The purpose of this study was to analyze a single candidate pair in the regional head election of Pematang Siantar City in 2020. The purpose of this study was to explain why there was a single candidate pair in Pematang Siantar City. The legality of the Constitutional Court Decision number 100/PUU-XII/2015 is a legal force to uphold the meaning of democracy in political contestation, in this case regional head elections. Besides that, the essence of democracy which promises freedom to be elected and to vote is an additional power to bring up a single candidate pair. The failure to regenerate political parties is another trigger for the emergence of a single candidate pair in the post-conflict local election. Not only in Pematang Siantar City but also throughout Indonesia. The method used in this research is descriptive qualitative with interview instruments involving political party administrators and political observers in Pematang Siantar City in addition to references to single candidate pairs. The weak cadre of political parties with the presence of wholesale parties makes incumbents not get support in Pematang Siantar City. The legal power of the Constitutional Court's decision and the meaning of democracy to be elected and voted made the single candidate pair in Pematang Siantar City win the post-conflict local election against an empty box.

THE DOCTRINE OF PIERCING THE CORPORATE REVIEW IN THE COURT DECISION NO. 656/PDT.G/2015/PN.MDN

Limited Liability Company (Ltd.) or Perseroan Terbatas (PT) is a legal entity in Indonesia that constitutes a capital alliance formed by an agreement that features a limited liability principle. Limited liability is a principle that limits the responsibility of shareholders to the risk of the Company. However, the principle of limited liability is frequently misapplied, as shareholders look for ways to protect themselves from the risk of more significant losses, to take advantage of all company profits for personal gain. Shareholders who abuse the principle of limited liability for personal gain, on the other hand, will be subject to the Piercing the Corporate Veil doctrine. This doctrine imposes the transfer of liability for personal losses to shareholders who cause harm to the company in bad faith. Based on this understanding, this paper seeks to comprehend the application of the Piercing the Corporate Veil doctrine by analyzing Medan District Court Decision Number: 656/Pdt.G/2015/PN.Mdn. The research method used in this study was normative legal research reviewed with a statute approach and a conceptual approach. The conclusion drawn from the problem is as follows: the regulation regarding the Piercing the Corporate Veil doctrine is borne not only by shareholders but also by the Board of Directors and the Board of Commissioners who fail to implement the principles of fiduciary duty of skill and care. Furthermore, in the case of 656/Pdt.G/2015/PN.Mdn, the judge considered the provisions of Article 3 paragraph (2) of the UUPT in implementing the Piercing the Corporate Veil Doctrine by punishing the Defendants jointly and severally to indemnify the Plaintiff.

The Regulation of Continuous Election Design’s Implementation Based on the Constitutional Court’s Decision

This study aims to describe the consistency of judges' considerations in the Constitutional Court Decision No. 14/PUU-XI/2013 and the Constitutional Court Decision No. 55/PUU-XVII/2019 and its suitability with the design of the election administration according to the 1945 Constitution of the Republic of Indonesia. To measure the consistency of the two Constitutional Court Decisions, the meaning of the original intent of holding elections simultaneously according to the Amendment of the 1945 Constitution of the Republic of Indonesia will be used. This is normative legal research, which uses approach legislation (statute approach) and historical approach (historical approach). The results of this study indicate that the judge's considerations in the Constitutional Court Decision 14/PUU-XI/2013 are inconsistent with the Constitutional Court Decision 55/PUU-XVII/2019. Based on the original intent study, the Amendrs to the 1945 Constitution of the Republic of Indonesia disagreed on the simultaneous implementation of the General Election in Indonesia. So the judge's consideration in the Constitutional Court's decision Number 14/PUU-XI/2013, which requires simultaneous elections, is not following the design of the election administration according to the amendment to the 1945 Constitution of the Republic of Indonesia. Six alternatives for the simultaneous implementation of elections.