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All Journal Jurnal Syntax Transformation Jurnal Ilmiah Raad Kertha Aktual Justice International Journal of Social Service and Research Journal of Social Research Widya Sandhi: Jurnal Kajian Agama, Sosial dan Budaya Cessie : Jurnal Ilmiah Hukum Enrichment: Journal of Multidisciplinary Research and Development Rechtsnormen Journal of Law Asian Journal of Social and Humanities Public Sphere: Jurnal Sosial Politik, Pemerintahan dan Hukum
Suandika, I Nyoman
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Journal : Journal of Social Research

 1 
The Legal Power of the Constitutional Court Decisions Remains Suandika, I Nyoman; Usfunan, Yohanes; Palguna, I Dewa Gede; Adiyaryani, Ni Nengah
Journal of Social Research Vol. 2 No. 12 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i12.1606

Abstract

Issues relating to granting permanent legal force to decisions of the constitutional court immediately after they are pronounced in a plenary session open to the public are important to research for several reasons Firstly, it is very important for us to know the rationale for granting permanent legal force to decisions of the constitutional court given immediately after completion. pronounced in a public meeting open to the public. Second, understanding the permanent legal force of constitutional court decisions is also related to the question of why it is not possible to have legal efforts to correct constitutional court decisions if errors occur in terms of achieving legal certainty. Based on this, the question also arises as to whether the constitutional court's decision regarding this error will continue or not. Third, it is related to whether the legislator (positive legislator) can override the decision of the constitutional court. What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision from the moment it is pronounced in a session open to the public? This research is normative legal research because there is a legal vacuum if the constitutional court's decision is contrary to the spirit of the 1945 Constitution. The importance of immediacy in granting permanent character to the constitutional court's decision, if viewed from the law in book aspect, is indeed the best choice. This is based on the following reasons. First, the Constitutional Court was formed to protect the purity of the Constitution with a more detailed interpretation. This interpretation will be used as a basis for resolving problems by certain authorities who are given direct authority by the Constitution. Therefore, it is appropriate that the interpretation is only carried out once, which is binding so that the decision must be placed at the first and final level where no effort can be made to cancel it. Second, apart from that, it must also be understood that the constitutional court as a constitutional court can resolve problems and provide legal certainty quickly by the principles of fast and simple justice.
Settlement Of Crimes Of Persecution Through Restorative Justice In The Jurisdiction Of The Bali Regional Police Mahardiana, I Gede Yoga; Sihotang, Erikson; Suandika, I Nyoman
Journal of Social Research Vol. 3 No. 9 (2024): Journal of Social Research
Publisher : International Journal Labs

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The Indonesian state is a state of law, based on Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This means that within the Unitary State of the Republic of Indonesia, the law must be upheld and become a means of carrying out activities in all aspects of national and state life. Laws that uphold human rights and guarantee equal status before the law are required to respond to all problems and conflicting interests of society. The problem formulation is how to resolve criminal acts of abuse through restorative justice in the Bali regional police? And what are the obstacles in resolving criminal acts of abuse through restorative justice in the Bali regional police? The research method in this case is empirical research, descriptive research, the data source is primary data; secondary data; and tertiary data, data collection techniques namely observation; interview; and documentation, and data processing and data analysis techniques, namely descriptive qualitative. Resolving criminal acts of abuse through Restorative Justice in the jurisdiction of the Bali Regional Police is carried out by integrating three forms of law enforcement, namely preemptive, preventive and repressive. However, the obstacles to this resolution are the lack of eyewitnesses, lack of human resources for law enforcement, and the trauma suffered by victims which is difficult to remove, so psychological support and long-term therapy are really needed to help victims recover emotionally and mentally.
Handling of Corruption Crimes at the Tanggahan Peken Village Credit Institution, Susut District, Bangli Regency Handled by the Bali Police Komang, Ananta Putra; RS, Nurianto; Suandika, I Nyoman
Journal of Social Research Vol. 3 No. 9 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i9.2244

Abstract

Lembaga Perkreditan Desa (LPD) is a vital financial institution for traditional villages in Bali, whose role is to save funds, provide credit, and support village development. However, some LPDs, such as Tanggahan Peken LPD in Bangli Regency, have experienced legal problems related to alleged corruption crimes committed by their administrators. The purpose of this study is to determine and analyze the handling of criminal acts at the Tanggahan Peken Village Credit Institution, Susut District, Bangli Regency handled by the Bali Police. The natural method of this research uses empirical legal research. The results showed that the occurrence of criminal acts of corruption committed by the Tanggahan Peken LPD management was caused by internal factors from the individual aspect of the LPD management to gain profit, enrich themselves and perpetuate their positions and external factors from the organizational aspect, namely the lack of regular guidance, supervision and audits carried out by LPD internal supervisors and LPLPD as technical supervisors and audits. The handling of corruption crimes by the Bali Police at the Tanggahan Peken Village Credit Institution (LPD) uses Standard Operating Procedures (SOP) from the process of receiving public complaints, investigating and investigating. Creating effective investigation and investigation plans. Investigators also conduct independent audits and examinations by involving experts in the field of accounting and auditing, experts in the field of economics and experts in criminal law.
Co-Authors Ardiyani, Ni Putu Vidya Dewi, Ni Putu Ayu Kusuma Dharma Saputra, Komang Edy Dyanthi, Luh Merry I Dewa Gede Palguna I Nyoman Sidi Astawa Jody Arya Sejati, Kadek Komang, Ananta Putra Leonardo Sibarani, Baginda Victor Mahardiana, I Gede Yoga Ni Nengah Adiyaryani Purnama Putra, I Putu Krisna Putra, I Nyoman Suartha Adhi Putri, Yeni Lidia Setio RS, Nurianto Rupini, Luh Made Ayu Sihotang, Erikson Sobandi, Sobandi Sukardi, Ni Made Rai Sulaksana, I Gusti Bagus Suryana, I Nyoman Suryana, Kadek Dedy Tarupay, Heri Kusuma Wake, Fransiskus Waluyo, Adhi Wangsa, I Putu Indra Widodo, Widi Wijayanti, Ni Ketut Ratna Vitri Wiratny, Ni Ketut Yohanes Usfunan