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All Journal Dedikasi : Jurnal Ilmiah Sosial, Hukum, Budaya Jurnal Ilmiah Universitas Batanghari Jambi
Sastiono Kesek
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Agriculture, Biological Sciences & Forestry Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PRINSIP HUKUM PROGRESIF SEBAGAI PARADIGMA PEMBAHARUAN SISTEM PERADILAN DI INDONESIA Sastiono Kesek
Jurnal Ilmiah Universitas Batanghari Jambi Vol 14, No 3 (2014): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (143.248 KB) | DOI: 10.33087/jiubj.v14i3.270

Abstract

The principle of progressive law is the principle that has prospects can carry the scars bawdy world of law becomes the law of a more dignified and useful for social life and should serve as guidelines by the courts in order to ensure substantive justice for the community. Because the court's good or bad depends on the mindset and behavior of the judge. Judges who use the standard obligations of morality, the morality of critical sense and morality, conscience and spiritual intelligence in enacting hear the case then obviously it will be easier to provide justice for the people who seek justice.Progressive Law paradigm that prioritizes responsive law is supposed to be the main reference basis of the court in deciding a case not only based on the narrow procedural fairness alone. Responsive law largely embedded in the values adopted in the society as well as embedded in the public sense of justice in a region.Keywords: Progressive Law, Justice, Judge.
Keadilan Bagi Masyarakat Korban Kriminalisasi (Suatu Tinjauan Sosiologis Filosofis Tentang Keberlakuan Hukum Yang Jauh Dari Keadilan) Sastiono Kesek
DEDIKASI : Jurnal Ilmiah Sosial, Hukum, Budaya Vol 35, No 2 (2016)
Publisher : Prodi Ilmu Administrasi Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.123 KB) | DOI: 10.31293/ddk.v35i2.2306

Abstract

Applicability of Law in Indonesia is still far from the goal of the law itself, namely Justice, Public Order and Peace. It is very noticeable is in connection with arrangements for the protection of members of the public from arbitrary actions of law enforcement officers. That in Indonesia is already a lot of people who suffered persecution from law enforcement (police) where many cases community members to be prosecuted and detained for allegedly committing a crime then the Court is not proven, but the community was already on hold months that have resulted in family life to be disrupted. Legislation in Indonesia has not provided a holistic and comprehensive protection of the victims of the criminalization of the police so that the issue of justice for victims of criminalization becomes important because if one person is having problems, the law then the problem can affect the social life of the family and even the community at large.
STUDI KOMPARASI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL MELALUI MEDIASI DAN KONSILIASI Sastiono Kesek
DEDIKASI : Jurnal Ilmiah Sosial, Hukum, Budaya Vol 31, No 2 (2014)
Publisher : Prodi Ilmu Administrasi Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (427.495 KB) | DOI: 10.31293/ddk.v31i2.1466

Abstract

Since the birth of Law No. 2 of 2004 concerning about industrial disputes settlement, the parties to the dispute becomes easier and aided in order to settle a dispute between them. Instrument provided also become more diverse compared to the old rules. Like instrument of mediation, conciliation and arbitration. However, in the application stage, not many people understand the difference between the disputing mediation and conciliation which in terms of the origin and function of mediation from conciliation has a characteristic that varies as a mediator in the nature of a passive mediation while in conciliation konsiliatornya more active in resolving disputes. In the settlement of industrial disputes mediation is used as the main instrument for solving broader scope than conciliation. Mediation can handle disputes over rights, interests, employment termination (PHK) and disputes between unions in one company. Conciliation made limited progress on conflict of interest, termination of employment disputes and disputes between unions in one company. Although in reality most of the industrial dispute that involves a dispute over rights. The writing instrument of mediation and conciliation mengkomparasi comprehensively describe the advantages and disadvantages of each such instrument.
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