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Journal : Jurnal Penelitian Hukum Legalitas

Keabsahan Surat Keputusan Bersama Untuk Penyidikan Perkara Koneksitas Pasca Perubahan Ketatanegaraan Indonesia Hedwig Adianto Mau; Ramlani Lina Sinaulan
Jurnal Penelitian Hukum Legalitas Vol 15, No 1 (2021)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v15i1.219

Abstract

  This study aims at post-reformation there has been a change in the state admin­istration where the listed institutions have been independently separated, the ju­diciary is under the authority of the Supreme Court, the Ministry of Defense and Security has been separated into the Ministry of Defense, the Indonesian Nation­al Army and the National Police, and the Indonesian Attorney General’s Office which is independent. The problem that is studied is how the validity of the Joint Decree is, with normative juridical research methods as a means of discussion and supported by a statutory approach and a conceptual approach. This study concludes that the existence of a Joint Decree is no longer relevant because the officials who issue it do not have the authority anymore based on the laws and regulations. Thus, the Joint Decree must be revised by involving four related in­stitutions, namely; The Supreme Court, the Indonesian National Armed Forces, the National Police, and the Indonesian Attorney General’s Office.
Paradoks Penyidik Pegawai Negeri Sipil Dalam Sistem Peradilan Pidana Indonesia Basuki Basuki; Muhammad Mustofa; Ramlani Lina Sinaulan
Jurnal Penelitian Hukum Legalitas Vol 15, No 2 (2021)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v15i2.233

Abstract

Problems deviation between the expected role and should by Civil Servant Investigators (investigators) are overlapping in charge. It is essentially a paradox. This study uses a normative law research. To obtain accurate data, researchers used the literature study technique, which consists of primary, secondary, and tertiary legal materials. Data obtained from the results of library research will be analyzed qualitatively with descriptive methods. From the research results obtained, firstly in carrying out an investigation, PPNS must follow the applicable legal norms because it is a reflection of legal certainty as well as the obligation to coordinate with the Supervisory Coordinator as a requirement for the application of the principle of legality in all its forms (due process of law), namely that all government actions must based on legal and written laws and regulations. Second, certain Civil Servants who are given the authority by law to carry out investigations in accordance with the laws which are their respective legal bases are subordination of the executive branch not included in the Indonesian Criminal Justice System, therefore the Criminal Procedure Code strictly regulates that the PPNS relationship is under coordination. and supervision of police investigators.
Mediasi Penal Sebagai Bentuk Penanganan Perkara Anak Ringgi Sarungallo; Ramlani Lina Sinaulan; Mohamad Ismed
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.262

Abstract

Dispute resolution with mediation is an alternative of problems solving in society. In the concept of the current developments of the Judiciary, the procedure for handling criminal cases in several countries has been known for penal mediation. Penal mediation is an alternative settlemen of criminal cases emphasizing restorative justice approach, which is carried out between the victim and the offender or his/her family with the purpose of the restoring the balance in the society. This study aims to analyze how to the implementation of penal mediation children criminal cases with type of research is an literature approach. The presence of penal mediation is deemed necessary by the community as a means of resolving of chidren criminal cases that are fast, economical, and acceptable by parties outside the court so as to achieving a win win solution and will bring justice to perpetrators and victims. The application of penal mediation for the purpose of achieving Pancasila justice.