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All Journal Jurnal Hukum Legalita Smart Society: Community Service and Empowerment Journal
Muhtadi
Universitas Lampung, Indonesia
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kedudukan Hukum Putusan Arbitrase dalam Sengketa Kontrak Pengadaan Barang/Jasa Pemerintah terhadap Asas Kepentingan Umum Pimal Ibrahim; Muhtadi; Kasmawati
Legalita Vol 8 No 1 (2026): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v8i1.2330

Abstract

This research examines the legal standing of arbitration awards in government goods and services procurement (PBJP) contract disputes, which often conflict with the principle of public interest and state asset immunity. The topic is chosen due to the “execution stagnation” phenomenon where government agencies frequently evade arbitration awards by citing the prohibition of state asset seizure. This study aims to analyze the executorial power of final and binding arbitration awards and to formulate regulatory synchronization between civil law and state financial law regimes. The methodology employed is normative legal research with statutory and conceptual approaches. The primary findings indicate that while arbitration awards are normatively binding, Article 50 of Law No. 1/2004 concerning the State Treasury often acts as a technical barrier that undermines legal certainty for providers. This research contributes by proposing a reconstruction of dispute payment mechanisms through contingency funds within the Budget Implementation List (DIPA) to avoid physical asset seizure. The study concludes that the protection of state assets must not negate contractual justice; regulatory synchronization is essential to maintain the investment climate and public trust in the national procurement system.
Reconstructing Judicial Discretion in Drug Rehabilitation Sentencing: A Ratio Decidendi Analysis of Judgment No. 1365/Pid.Sus/2017/PN.Tjk Tarmizi; Heni Siswanto; Muhtadi; Maroni; Rinaldy Amrullah
Smart Society Vol. 6 No. 3 (2026): Smart Society
Publisher : FOUNDAE (Foundation of Advanced Education)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/smartsoc.v6i3.1497

Abstract

Judicial decisions on rehabilitation for narcotics abusers often require judges to reconcile criminal accountability with rehabilitative objectives, yet the parameters guiding such discretion remain insufficiently structured. This study examines the ratio decidendi underlying judicial discretion in Judgment No. 1365/Pid.Sus/2017/PN.Tjk and develops parameters for more consistent rehabilitation decisions. This study employs normative legal research using statutory, case, and conceptual approaches to examine the legal provisions on narcotics rehabilitation, Judgment No. 1365/Pid.Sus/2017/PN.Tjk, and the concepts of judicial discretion, ratio decidendi, punishment, and rehabilitation. The legal materials are analyzed through qualitative legal interpretation and prescriptive reasoning. The findings show that the decision combined imprisonment with rehabilitation; however, the reasoning within it lacked an explicit and structured framework for exercising discretion. This study reconstructs four parameters: normative, medical, juridical, and the purpose of sentencing. These parameters are operationalized through six stages of legal reasoning, ranging from identifying applicable norms, reconstructing proven facts, integrating assessment findings, correlating facts with legal requirements, exercising structured discretion, and formulating sanctions. This model contributes to individualized sentencing by providing a more transparent framework for balancing legal certainty, justice, rehabilitation, and the protection of society.
Co-Authors Heni Siswanto Kasmawati Maroni Pimal Ibrahim Rinaldy Amrullah Tarmizi