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Zayanti Mandasari
Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice

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Kedudukan Memorandum Of Understanding dan Surat Keputusan Bersama Ditinjau dari Teori Perundang-undangan Zayanti Mandasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 2: April 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss2.art6

Abstract

This research emphasizes on the issue on the status of MoU (Master of Understanding) and SKB (Joint Decree) in the perspective of regulatory theories, binding power and implication of MoU and SKB towards the institutions and/or commission issuing it. This is a normative legal research with the secondary data in the form of primary, secondary and tertiary law materials using a regulatory approach. The results of this result then show that: first, SKB (Joint Decree) about the ethic code and Guidelines of Judge Attitude in the perspective of regulatory theory can be categorized as a policy regulation. MoU about the Optimality of Corruption Eradication in the perspective of regulatory theories is not able to be categorized as a part of regulations. Second, the SKB (Joint Decree) has a strong binding power towards MA (Supreme Court) and KY (Judicial Commission). MoU has emerged a binding power to KPK (Committee of Corruption Eradication), POLRI (Indonesian Police) and Kejari (District Attorney) since it is in Agreement is Agreement category that binds all parties. Third, SKB about Ethic Code and Judge Attitude Guidelines emerges an implication that MA and KY must obey SKB that has been made altogether. MoU about the Optimization of Corruption Eradication emerges an implication resembling to Agreement is Agreement. Hence, KPK, Polri and Kejari must obey all agreements.
Politik Hukum Pengaturan Masyarakat Hukum Adat (Studi Putusan Mahkamah Konstitusi) Zayanti Mandasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art4

Abstract

This study discussed the problem of the indigenous law community existence in Indonesia, and the dynamics of the indigenous law community viewed from the Acts of Constitutional Court. This study was focused to analyze two matters, namely: First, how is the existence of the indigenous law community in Indonesia? Second, how does the indegenous law community take the Acts of Constitutional Court? This study used the statute approach. In addition, case study approach was also used to find the ratio decidendi used by the judges of Constitutional Court in adjudicating the statute test case related to the indigenous law community. The result of the research concluded that: first, the existence of the indigenous law community in Indonesia had already been accomodated in the prevailing laws of regulations including the 1945 Constitution of Republic Indonesia, Acts, Regional Regulations, Governors’ Decrees, and Heads of Regions’ Decrees. Second, the law politics of the indigenous law community took the Acts of Constitutional Court as strengthening the existence of the indigenous law community in Indonesia by providing the interpretation or explanation.
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