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All Journal Veteran Law Review Jurnal Studia Legalia Jurnal Ilmiah Hukum dan Hak Asasi Manusia Primagraha Law Review Legalis : Journal of Law Review Strategi Memperkuat Integritas Lembaga Peradilan Indonesia Journal of Law and Justice Judex Laguens
Pakpahan, Novritsar Hasintongan
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Religion Humanities Economics, Econometrics & Finance Education Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Verifikasi Keabsahan Fotokopi Bukti Surat Bertandatangan Elektronik QR Code pada Sidang Daring dan Sidang Tatap Muka Pakpahan, Novritsar Hasintongan
Judex Laguens Vol 1 No 3 (2023)
Publisher : Ikatan Hakim Indonesia (IKAHI)

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Abstract

The development of judicial information technology is increasingly felt its function when the world is experiencing a global COVID-19 pandemic in 2020. The pandemic requires a health protocol, namely the limitation of distance and contact between individuals in order to prevent the chain of spread of the COVID-19 outbreak. As a result, trials that are usually conducted face-to-face must be limited in order to prevent the spread of the COVID-19 outbreak. Problems arise when a lot of evidence in legal practice involves the use of letter evidence with electronic QR Code signatures that have not been regulated in procedural law, especially in terms of submitting photocopies as proof of letters such as family cards and marriage certificates. This research aims to find out and describe the techniques for judges in verifying the validity of copies or photocopies of letters with electronic QR Code signatures submitted as letter evidence in court both online and face-to-face. This type of research is normative legal research using descriptive analysis method. The results showed that the implementation of checking the validity of letter evidence must still be carried out in accordance with the provisions of criminal procedural law and civil procedural law using an android-based mobile phone through the VeryDS application issued by the Indonesian Electronic Certification Centre or through sending QR Code electronic signature samples via the web
Peraturan Contempt of Court Untuk Memulihkan Marwah Peradilan Akibat Pelanggaran Integritas Melalui Peradilan Ulangan Pakpahan, Novritsar Hasintongan
Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v2i2.289

Abstract

This research is based on the issue of lack of contempt of court statutes and the common practice of denigrating judiciaries in trials. Background of the study is due to common practice of integrity abuse and lack of judiciary’s dignity protection that pushes the need for contempt of court statute formulation. The paper then formulates two research questions, namely how the regulation of contempt of court would revitalize court’s dignty and how regulation can be formulated for legal remedy towards tainted legal process. The methodology of the research is based on normative research that applied statute approach, conceptual approach, case approach, and philosophical approach. The research has considered previous researches such as Probo, Perbawati, Santoso, Gayatri, and Rachman’s research. The development of contempt of court in the last 5 to 10 years showed that contempt of court regulation has been better formulated through Act 1 of 2023, but it didn’t specify types of contempt of court. The result showed that contempt of court statute should regulate specifically regarding act of denigrating court’s dignity and reformulation of retrial legal remedy for tainted legal process.
A Sentencing Effectiveness Assessment Form as a Normative Instrument for Supervisory-and-Observatory Judges under Indonesia’s 2025 Criminal Procedural Law Pakpahan, Novritsar Hasintongan; Pakpahan, Binsar Pamopo
Legalis : Journal of Law Review Vol. 4 No. 1 (2026): January 2026
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i1.1254

Abstract

Criminal Procedural Law 2025 limits the role of supervisory-and-observatory judge to ‘researcher’, when it’s supposed to analyze trial proceeding’s effectiveness in sentencing. Research question based on existing problem includes how could there be absence of evaluative mechanism for sentencing effectiveness in the 2025 Criminal Procedural Law and how does supervisory-and-observatory judge may suggest effective sentencing with sentencing effectiveness assessment form. The novelty of this research is its finding of recognizing the method of supervisory-and-observatory judge in improving effective sentencing based on criminal procedural law 2025 through sentencing effectiveness assessment form that contains realistic practical report that may be considered and used as decision consideration of trial judges. Previous research such as Putra’s research (2024) that concludes sentencing must focuses on justice and obedience to God, but it has not discussed about the existence of Criminal Procedural Law 2025. As normative research, this research studies normative problem of supervisory-and-observatory judges to remedy improper sentencing for the future by applying statute approach towards Criminal Procedural Law 2025 and conceptual approach of legal expediency and theory of prisonization. Result showed that supervisory-and-observatory judges may express result of redundant sentencing and the use assessment form to remedy improper sentencing. The conclusion of this research is that the role of supervisory-and-observatory judge must be applied optimally with direct consequence to penitentiary to optimize crime decrease. Implication of the research would be to stress active role of supervisory-and-observatory judge to suggest effective sentencing. The research novelty is sentencing effectiveness assessment form as a normative model.
Co-Authors Pakpahan, Binsar Pamopo