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Regulate DPR’s Committees: Making Indonesian Presidential System More Representative Zulkarnain Ridlwan; Zainal Arifin Mochtar
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1566

The evaluation of the DPR's oversight function always considered not to represent the will of critical supervision of the people in almost every DPR's performance satisfaction survey. The DPR Committees institutionally the main actor of supervision, but has not been effective. 11 DPR committees compared to 113 work partners suspected to be one of the causes. Committees formed by DPR and can be adjusted according to needs. Based on a comparative approach on regulations in the US Congress and the British Parliament, it is recommended to narrow the oversight work by increasing the number of DPR committees to balance a large number of partners. The division of supervision work into more committees makes the scope of work narrow so that supervision is more focused. Changes in the arrangement of the number of committees in Law 17/2014 and the DPR 2014 Rules of Conduct need to be done by stating the maximum number of five working partners for each committee. The creativity of the committee to form sub-committees in accordance with needs must also be confirmed in the 2014 DPR Rules of Conduct. Such regulation is expected to make the performance of checks and balances between the DPR and the Government be better assessed by the public as a unitary presidential government system, namely a presidential system that better represents the will of the people's supervision.

Indonesian Judicial Commission in Appointment Ad Hoc Judges: In Search of Constitutional Modality Zainal Arifin Mochtar; Idul Rishan; Ayu Atika Dewi
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17843

In Indonesian Constitution, Judicial Commission had the authority to nominate the candidate Supreme Court Justice. This study aims to find the constitutional model for the authority of the Judicial Commission to propose the appointment of the Supreme Court ad hoc judges. It is doctrinal legal research using the qualitative analysis. The constitutional model was analyzed using the approach of six modalities of constitutional argument suggested by Philipp Bobbit. This study has found that, despite no explicit authority stipulated in the Indonesian Constitution, Bobbit's interpretation methods offer a constitutional perspective that from the textual, historical, doctrinal, structural, prudential, and ethical arguments, the Judicial Commission has the constitutional legitimacy of proposing the candidates for the Supreme Court ad hoc judges.

Indonesian Judicial Commission in Appointment Ad Hoc Judges: In Search of Constitutional Modality Zainal Arifin Mochtar; Idul Rishan; Ayu Atika Dewi
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17843

In Indonesian Constitution, Judicial Commission had the authority to nominate the candidate Supreme Court Justice. This study aims to find the constitutional model for the authority of the Judicial Commission to propose the appointment of the Supreme Court ad hoc judges. It is doctrinal legal research using the qualitative analysis. The constitutional model was analyzed using the approach of six modalities of constitutional argument suggested by Philipp Bobbit. This study has found that, despite no explicit authority stipulated in the Indonesian Constitution, Bobbit's interpretation methods offer a constitutional perspective that from the textual, historical, doctrinal, structural, prudential, and ethical arguments, the Judicial Commission has the constitutional legitimacy of proposing the candidates for the Supreme Court ad hoc judges.

Reformulation of the compensation mechanism for fulfilling the rights of victims of corruption in Indonesia Hasrul Halili; Totok Dwi Diantoro; Zainal Arifin Mochtar
Integritas: Jurnal Antikorupsi Vol 11 No 1 (2025): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v11i1.1379

Corruption, as a criminal act, causes victims. Identifying victims of corruption is not straightforward, as they can be direct or indirect. Victims of corruption include the state, groups, and individuals in society. This distinction characterizes corruption victims differently from victims of other crimes. Law enforcement efforts against corruption mainly focus on punishing perpetrators. The recovery of state losses is usually limited to compensation payments, which cover the proceeds of crime received by the perpetrator, rather than the full amount of the loss suffered by the state. Meanwhile, victims who are groups and individuals within society are often overlooked in the legal system. To date, Indonesia has not implemented a practice of compensating communities—both groups and individuals—who are victims of corruption. This research is a juridical-normative study. It uses both a statutory approach and a conceptual approach. The statutory approach examines the mechanism for compensating corruption victims in the Civil Code (KUHPerdata), Criminal Procedure Code (KUHAP), and other relevant laws and regulations. The conceptual approach explores the idea of victim recovery in corruption cases. The study finds that Indonesian law currently offers three ways for victims of corruption to seek compensation: civil lawsuits, joining civil suits with criminal cases, and restitution. However, existing regulations lack a clear and specific mechanism to ensure victims' rights are fully met. A dedicated compensation mechanism, aligned with the nature of corruption victims and their losses, is necessary in the Draft Law on Corruption (RUU Tipikor).

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