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All Journal Veritas et Justitia Jurnal HAM POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Legal Protection for the Partnership Agreement Parties Jurnal Hukum dan Peradilan Jurnal Legislasi Indonesia
Suntoro, Agus
Unknown Affiliation
Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Hukum dan Peradilan

 1 
THE EXIGENCY OF HUMAN RIGHTS APPROACHES IN THE INTERCEPTION OF COMMUNICATION BILL: AN EFFORT TO STRENGTHEN THE INDONESIAN CRIMINAL JUSTICE SYSTEMS Suntoro, Agus; Utomo, Nurrahman Aji; Hermawan, Sapto
Jurnal Hukum dan Peradilan Vol 9 No 2 (2020)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.2.2020.186-210

Abstract

Tapping in a human rights perspective is a form of limitation of the right to privacy. As an effort to guarantee human rights protection, tapping as a part of The Interception of Communication Bill arrangements must be following the principles of human rights restrictions. Some of the anomalies in The Interception of Communication Bill appear in vague forms and open up the broad ways of potential violations of individual rights. For this reason, the principles of legality and prudence as a form of control over government actions need to offset the urgency of tapping. Data collection methods use discussions and interviews to enrich and test secondary data findings. This research stipulates that The Interception of Communication Bill use tapping as an induced instrument in criminal law enforcement. At the same time, tapping is regulated regardless of the readiness of the legal apparatus; this naturally raises technical problems in the matter of implementation and opens the door to abuse of authority. Furthermore, based on the need for comprehensive regulation, it is necessary to look at a comprehensive regulatory scheme in the legal system. The functional control that is in line with the tapping mechanism needs to look at the character of the Indonesian criminal justice system.
URGENCE AND CHALLENGES OF REGULATION OF AMICUS CURIAE IN THE JUDICIAL SYSTEM Suntoro, Agus
Jurnal Hukum dan Peradilan Vol 11 No 3 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.3.2022.523-544

Abstract

The judicial system in Indonesia is dynamic and adaptive to the development of science and law, not least within the scope of the Supreme Court of the Republic of Indonesia, one of which relates to the amicus curiae (friends of the judiciary). In practice, amicus curiae are generally presented in cases or trials that get public attention and the livelihoods of many people, such as the environment, land, labor, and so on. Nevertheless, there is no regulation or Supreme Court Regulation on the application of amicus curiae in the trial, but various practices have occurred within the court. This paper will discuss: (a) how the concept of amicus curiae is in the justice system in several countries, (b) the practice and application of amicus curiae in the judiciary in Indonesia, and (c) the opportunity for the Supreme Court to issue regulations or circulars that seek to regulate the implementation of the amicus curiae as part of legal developments in Indonesia. This writing uses a qualitative method with a normative juridical approach. The results of this paper conclude that amicus curiae have become a good practice in the judicial system in Indonesia, especially in public cases, and the Supreme Court has the authority to make arrangements through PERMA as a foundation and procedure guide for all judicial personnel and society in Indonesia.
Co-Authors Aziz, Dian Andi Nur Hartanto, Mochamad Felani Budi Hermawan, Sapto Nureda, Kania Rahma Nurrahman Aji Utomo, Nurrahman Aji Parashtheo, Bintang Sakti, Sri Wahyu Krida Tyas Retno Wulan