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All Journal Jurnal Dinamika Hukum Visi Sosial Humaniora Nommensen Journal of Legal Opinion
Janpatar Simamora
Universitas HKBP Nommensen
Arts Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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COMPARISON OF CONSTITUTIONAL COURT AUTHORITY BETWEEN INDONESIA AND SOUTH KOREA Janpatar Simamora
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.446

Abstract

This paper is intended to find out the comparison between Indonesian and South Korea constitutional court. Constitutional Court of Indonesia and South Korea have same authority, namely judicial review, the authority decide the disputes between state institutions and the dissolution of political parties. However, there are some differences. From the point of authority, Constitutional Court of Korea is more comprehensive because it has the constitutional complaint authority and in deciding the dispute of state institutions authority, the dispute type of the state institutions authority is classified explicitly. But fromthe point of judicial review execution, the constitutional court in Indonesia is more comprehensive because the applicant could be more flexible. Indonesian Constitutional Court should be able to adopt the excellence of Constitutional Court of Korea while maintaining it’s excellence to maximize the Constitutional Court as escort agencies and  interpreter of the Constitution.Keywords: Indonesia, authority, South Korea, constitutional court.
LEGAL DYNAMICS AND IMPLEMENTATION PROBLEMS OF JUDICIAL REVIEW AUTHORITY IN THE SUPREME COURT Janpatar Simamora
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.490

Abstract

This paper is intended to find out how the development of settings as well as problems of imple-mentation of judicial review authority of the Supreme Court. Based on the development the settings, the Supreme Court has long had the judicial review authority. Correspondingly, there is a develop-ment setting judicial review authority through a number of regulations. However, in practice, there are a number of problems. First, in terms of regulation, not reflecting the comprehensive procedu-ral law. Second, in terms of judicial review case handling process, has not shown that there is trans-parency. Therefore, it should be repair, so that the implementation of such authorities take place optimally and able to offset the reputation of the Court. Keywords: judicial review, judicial institutions, Supreme Court
ANALISIS YURIDIS HAK DAN KEWAJIBAN WARGA NEGARA ATAS PENDIDIKAN MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2003 TENTANG SISTEM PENDIDIKAN NASIONAL Sara Tambun; Goncalwes Sirait; Janpatar Simamora
Visi Sosial Humaniora Vol. 1 No. 1 (2020): Visi Sosial Humaniora: Edisi Juni 2020
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v1i1.27

Abstract

Education is an important issue and issue that the nation and the state of Indonesian are facing this time. Besides being important, being able to experience education is also a right for everyone. Lack of education in Indonesia can be seen in the Date Release of the Education For All (EFA) Global Monitoring Report 2011: Education Development Index wich UNESCO. Indonesia in year 2011 is 0,934 value is what puts Indonesia at posision 69 of 127 countries in the world. the causes could be the result of this lack of special attention to the aducation of the country to a greater extent in areas that really need  the attention of both the regional and the central goverments and not escape from the role of parents and families in not obstructing an increased education.
INKONSISTENSI PUTUSAN MAHKAMAH KONSTITUSI TERHADAP KEBERADAAN KOMISI PEMBERANTASAN KORUPSI SEBAGAI LEMBAGA NEGARA INDEPENDEN Theresa Yolanda Sirait; Bintang ME Naibaho; Janpatar Simamora; Leonardo David Simatupang
Nommensen Journal of Legal Opinion Vol 01 No 01 Juli 2020
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v1i01.35

Abstract

The Constitutional Court as mandated in the constitution has a function as a guardian of the constitution, therefore, if there are norms in the Act that against to the 1945 Constitution of the Republic of Indonesia can be done by a trial. The decision of the Constitutional Court in the trial of the Act is related to the formal and material aspects, then the verdict that has been fulfilled the legal considerations by the judge, it will become the basis of a decision. Therefore, the verdict can not revoked arbitrarily unless in making decision due to coercion or negligence. The thesis deals and focuses on two aspects: First, showing and analyzing the considerations of the Constitutional Court in deciding the case No.012-016-019 / PUU-IV / 2006, No.19 / PUU-V / 2017, No.37-39 / PUU-VIII / 2010, No.5 / PUU-IX / 2011, No.36 / PUU-XV / 2017. Second, explains why the Constitutional Court inconsistency in determining the status and legal position of the KPK (Corruption Eradication Commision) through its verdict. From the new latest verdict of the Constitutional Court said that the KPK is an independent state institution under the executive authority , it is different from the previous four Constitutional Court decisions which said KPK as an independent state institution.
PENGGUNAAN INDIRECT EVIDENCE (ALAT BUKTI TINDAK LANGSUNG) OLEH KPPU DALAM PROSES PEMBUKTIAN DUGAAN PRAKTIK KARTEL (STUDI DI KANTOR KOMISI PENGAWAS PERSAINGAN USAHA WILAYAH I MEDAN) Martono Anggusti; Dina Mayasari Sinaga; Janpatar Simamora
Nommensen Journal of Legal Opinion Vol 02 No 01 Januari 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i01.207

Abstract

Provisions regarding business competition law in Indonesia are regulated in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition which regulates various prohibitions on actions that cause unfair business competition from activities or agreements between business actors, one of which is cartels. This study aims to analyze the use of indirect evidence by KPPU in the process of proving allegations of cartel practice and to analyze the factors that hamper the use of indirect evidence by KPPU in the process of proving alleged cartel practices. The use of research as a contribution to knowledge in the field of legal science, especially business competition law related to indirect evidence in cartel evidence and to add insight to legal practitioners, legal consultants, especially in the field of law regarding indirect evidence by the KPPU. This research is a normative legal research using the approach method in this research is a statutory approach and a case approach.
AKIBAT HUKUM PENCABUTAN BERITA ACARA PEMERIKSAAN SAKSI DI DEPAN PERSIDANGAN DALAM TINDAK PIDANA NARKOTIKA (Studi Putusan Nomor 201/Pid.Sus/2018/PN Simalungun) Pondang Hasibuan; Sahat Benny Risman Girsang; Erni Juniria Harefa; Janpatar Simamora; Herlina Manullang
Nommensen Journal of Legal Opinion Vol 01 No 01 Juli 2020
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v1i01.341

Abstract

During the trial, witnesses were often found retracting the testimony of witnesses given during the investigation (Police) in court. There are many reasons that the revocation is given by the witness to revoke the witness's BAP that has been given before the investigator. The problem studied is how the consequences of the revocation of the BAP in front of the trial affect the judge's decision in Decision No. 201/Pid.Sus/2018/PN Simalungun. The research method uses a normative juridical approach, which is an approach based on the main legal material by examining theories, concepts, legal principles and legislation. In Decision No. 201/Pid.Sus/2018/PN Sim that the strength of the evidence of the witness's BAP becomes an integral part of the investigation file and is finally transferred to the District Court for trial, it has become evidence of affidavits. That the consequence of the revocation of the witness's BAP before the trial in Decision No. 201/Pid.Sus/2018/PN.Sim did not affect the judge's decision to convict the defendant, because the Panel of Judges considered that the revocation of the witness's BAP did not have a strong reason and the defendant's actions were also categorized as extraordinary crime.
KEPASTIAN HUKUM MANFAAT PENSIUN MENURUT UNDANG-UNDANG NO. 13 TAHUN 2003 DENGAN UNDANG-UNDANG CIPTA KERJA NO. 11 TAHUN 2020 KLASTER IV DAN PERATURAN PEMERINTAH NO. 45 TAHUN 2015 Nelson Manalu; Martono Anggusti; Janpatar Simamora
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.393

Abstract

Workers at work and when entering retirement age, that in everyday life it is difficult to deny the condition of workers categorized as marginalized (groups), this can be seen through Government Regulation concerning retirement age Number: PER-02/1995 retirement age 55 years and Government Regulation No: 45 of 2015 the retirement age is 56 years and can be extended to 60 years. Whereas in daily reality there are still many workers who work in the formal sector, generally in private companies are employed over the age of 60 years. Whereas according to the labor law, namely Law no. 13 of 2003 article 167 (currently has been removed) the retirement age is not regulated explicitly and only refers to the pension benefit which is regulated by the amount of the pension benefit according to the working period of the worker/laborer. Whereas according to the Job Creation Law, Number 11 of 2020 Cluster IV concerning Employment does not refer to the Government Regulation regulating the retirement age, and the Cluster IV Job Creation Act Number 11 of 2020 only regulates pensions and the nominal value of pension benefits is regulated by Government Regulation Number 35 of 2021.
Co-Authors Bintang ME Naibaho Dina Mayasari Sinaga Erni Juniria Harefa Goncalwes Sirait Herlina Manullang Leonardo David Simatupang Martono Anggusti Nelson Manalu Pondang Hasibuan Sahat Benny Risman Girsang Sara Tambun Theresa Yolanda Sirait