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All Journal Jurnal Dinamika Hukum
Noor Aziz Said
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Law, Crime, Criminology & Criminal Justice

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REKONSTRUKSI PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA KORUPSI APBD YANG DILAKUKAN OLEH ANGGOTA DPRD Noor Aziz Said
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.Edsus.270

Abstract

Indonesia's national legal system based on modern law with a philosophy liberalism, individualism and rationalisme background of the nineteenth century in Europe (Penal Code), that contains the class characteristics. The characteristics of the national law classes imply of the Court as a judicial dictatorship. The existence of three different decision in terms of budget corruption committed by members of parliament, namely decision-free, loose and criminal verdict in the same case is proof of the dictatorship of the Court. To prevent the necessary expansion of the meaning of a judicial dictatorship legality principle, from the formal justice-procedural justice toward substantial material with 3-integral approach, the approach of juridical science religious, juridical contextual, and insightful approach to comparative/global recall the problem of corruption is an issue international. In addition it needs to be revisited Constitutional Court Decision No. 003/PUU-IV/2006 to be replaced with understanding the material unlawfully receiving AVAW as set forth in Supreme Court Jurisprudence No. 42 K/Kr/1965 and also article 2 and article 5 of Law. 48 of 2009 and the possible penal settlement by mediation. Keywords   : modern law, judicial dictatorship, reconstruction of criminal responsibility, criminal acts of corruption.
ASPEK-ASPEK SOSIOLOGIK SISTEM HUKUM NASIONAL (Tinjauan Kritis Terhadap Kasus Bank Century) Noor Aziz Said
Jurnal Dinamika Hukum Vol 10, No 3 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.3.93

Abstract

National law system professes the modern precept. The existence of modern law was integrally with the modern concept, which was the analytical legal positivism or the rechtdogmatiek and the political atmosphere which hegemony the XIX century, which is: “Liberalism”. Liberalism as a fundament of modern law focused in individual freedom and managing lives by preserving freedom and the sustainably. Liberal values and individual freedom have become paradigm inside the modern law system. And sociologic perspective, modern law existance with liberalism is a reflection of political interaction pattern, economic, social, and culture and preserving the interaction, it clearly that law contain with class characteristic. Law system was not integration media but creating and strenght the undistributed and social jealousy, and instituted privilege. The impact is law interaction no longer reflecting the equal relation but oriented to repressive based on power or asymmetry and negative sanction.Keyword: liberalism, class freedom, repressive, right
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