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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 Cessie : Jurnal Ilmiah Hukum 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 Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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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.
Juridical Review of Traffic Accident Crimes Involving Pedestrians as Perpetrators at the Klungkung Police Resort Sihotang, Erikson; Rupini, Luh Made Ayu; Suandika, I Nyoman
International Journal of Social Service and Research Vol. 6 No. 1 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i1.1362

Abstract

Traffic accidents are not always caused by the driver of a motor vehicle; under certain conditions, they can also involve pedestrians as perpetrators. This phenomenon raises its own legal problems, especially in the process of determining perpetrators and applying criminal liability by law enforcement officials. This study aims to examine the determination of pedestrians as perpetrators of traffic accidents and to analyze law enforcement in these cases within the jurisdiction of the Klungkung Resort Police. It employs a normative juridical method supported by an empirical approach, with legislative and conceptual approaches. The data were analyzed based on the provisions of the Criminal Code, the Criminal Procedure Code, and Law Number 22 of 2009 concerning Road Traffic and Transportation, associated with field investigation practices. The results show that the determination of pedestrians as perpetrators of traffic accidents is based on the principle of negligence (culpa), with fulfillment of the elements of error and valid proof. Law enforcement against pedestrians as perpetrators of traffic accidents at the Klungkung Resort Police is carried out professionally by prioritizing evidence, prudence, and a restorative justice approach. This research emphasizes the importance of investigators' meticulousness in assessing the elements of error to avoid improper criminalization and ensure legal certainty and justice.
Co-Authors Dewi, Ni Putu Ayu Kusuma Dharma Saputra, Komang Edy Dyanthi, Luh Merry I Dewa Gede Palguna Ni Nengah Adiyaryani Purnama Putra, I Putu Krisna Putra, I Nyoman Suartha Adhi Rupini, Luh Made Ayu Sihotang, Erikson Sobandi, Sobandi Sukardi, Ni Made Rai Sulaksana, I Gusti Bagus Suryana, Kadek Dedy Wake, Fransiskus Waluyo, Adhi Widodo, Widi Wijayanti, Ni Ketut Ratna Vitri Wiratny, Ni Ketut Yohanes Usfunan