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PERKEMBANGAN PEMBUKTIAN PADA PUTUSAN VERSTEK: STUDI KASUS DI PENGADILAN NEGERI SLEMAN DAN KOTA YOGYAKARTA Sundari, Elisabeth; Widiastiani, Nindry Sulistya
Justitia et Pax Vol 35, No 2 (2019): Justitia et Pax Volume 35 Nomor 2 Tahun 2019
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Article 25 of HIR provides that in case the defendant does not appear at court process (verstek), the claim will be accepted unless it is unreasonable and against the rights. In the beginning, that article was interpreted that in case the defendant doesnâ€™t Â appear at court process (verstek), the plaintiff shall not obeyed to proof his claim. How is the development of that previous interpretation? Normative legal research has been conducted to redress that issue. The data were collected from secondary data resources from Sleman and Yogyakarta District Court decisions concerning the burden of proof Â in verstek recently, Â and being Â analizedÂ qualitatively. The research result shows that there is a development inÂ interpretating Article 125 HIR, where the judges burdened the plaintiff to proof his claim. That interpretation development supports the strive to get the truth beyond reasonable doubt, to meet a fair decision,Â as good as to avoid fraud claim, and haphazard decision.

PERLINDUNGAN BAGI KELOMPOK AGAMA MINORITAS MENGHADAPI KELOMPOK AGAMA MAYORITAS: STUDI KASUS AHOK DAN MELIANA Sundari, Elisabeth; Simangunsong, Anna Marieta; Valerie, Isabelle; Nurlatu, Matheus
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3118

Through the case studies, Ahok and Meliana, this research aims to explain how the religious minority try to obtain protection to fulfill human rights when faced with religious majority pressure from the majority group. Normative research will answer the problem by analyzing the process of prosecution, the adjudication, and the punishment for Ahok & Meliana and the demonstration both outside the court and in the trial process demanding severe punishment for the accused of religious blasphemy. The result shows that even though it is difficult to prove directly, the mobilization of the masses in the judicial process can affect judges' independence to provide protection and justice for religious minority. The case of Ahok and Meliana shows how difficult it is for minority religious groups to seek protection against pressure from the majority religious groups because the State and Judges cannot prevent and take firm action against mass pressure from the majority religious groups against minority religious groups. The case such as Ahok and Meliana will occur as long as blasphemy's criminalization is still in effect. If the principle of non-discrimination or commutative justice is applied, and not the principle of protection based on 'partiality for the vulnerable,' the protection for religious minority groups will not be realized fully.

KEBIJAKAN HUKUM PIDANA TERHADAP MALPRAKTIK MEDIS PADA RUMAH SAKIT Retnowati, Anny; Sundari, Elisabeth
Justitia et Pax Vol 37, No 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3303

Malpractice still occurs a lot, both by hospitals and doctors, although there are several legal instruments that regulate hospitals, as well as medical practice with sanctions for violators of health laws. The purpose of this study is to explore the deficiencies that exist in legal policies, and to propose new legal policies in order to optimally prevent and overcome hospital malpractice. The research method used is a normative research method by examining aspects of criminal law in health law concerning malpractice, as well as theories and expert opinions for better legal policy proposals. From the qualitative analysis of primary and secondary legal material data, the following results were obtained: first, there are weaknesses in the health law policy so that it cannot prevent and overcome malpractice optimally, namely incompleteness and lack of clarity regarding the formulation of malpractice and its strict sanctions, as well as a turn towards acts against the law and the limitations of the hospital's responsibility for malpractice committed by doctors or medical personnel. Second, a new legal policy that can be proposed, namely by clearly formulating and detailing the limits of hospital malpractice in health law, accompanied by strict sanctions or accountability both criminal, civil, and administrative, the hospital is also responsible for malpractice committed by doctors with conditions in certain conditions, procedural law must be lex specialis by, for example, imposing strict liability.

Legal Aid Scheme In Indonesia: Between The Policy And The Implementation Elisabeth Sundari
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art3

In the legal policy level, the government of Indonesia has already had the policies to assist the justice seekers who are financially weak to have an access to justice through court. There are two research problems in this matter. First, does the policy on the legal assistance as stipulated in Law Number 16 of 2011 work optimally for the justice seekers who are financially weak? Second, how is the implementation of the policy on the legal assistance in the practices? The normative research was conducted to answer those two questions, through document data such as Law No.48 of 2009 on The Principles of Justice Power, Law No. 8 of 2003 on Advocate, and Law No. 16 of 2011 on Legal Assistance, and the implementation of those regulations in the practices in several places. The conclusion obtained from the research is: First, it is not yet optimum since the policy especially in terms of budget allocation of the legal assistance is still low. The professional lawyers tend to avoid their obligation to free give legal assistance to the poor. Second, in practice, the legal assistance is not yet enjoyed by the poor justice seekers. The economic and good will are the influencing factors.

THE WEAKNESS OF THE CONTROL SYSTEM FOR FIGHTING CORRUPTION IN THE JUDICIAL PROCESS: THE CASE OF INDONESIA Elisabeth Sundari; Anny Retnowati
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.35

Several supervisory bodies have been established under government policy in Indonesia to prevent and eradicate corruption within the judicial process. However, these appear to be ineffective, as evidenced by the fact that corruption by judges, prosecutors, and court officials remain high [11, 12, 19, 20]. The purpose of this research is explaining the weaknesses of the control model in fighting corruption within the judicial process and its factors. Normative research has been conducted on the legal policies affecting the control system of the judicial process in Indonesia to redress the issue. The results show that from the quantitative perspective, adequate supervisory bodies have been established to deal with corruption. For instance, there is an internal supervisory body for each institution in the judicial process, together with external supervisory bodies such as the Judicial Commission, Corruption Eradication Commission, and Examination Commission. Nevertheless, from the qualitative perspective, many weaknesses remain. Firstly, government policy focuses on the model for internal supervisory bodies rather than external. Secondly, although external supervisory bodies are established, they have no broader authority, except the Corruption Eradication Commission. Thirdly, external control through community participation has limited jurisdiction. Finally, the punishment enforcement system is ineffective

PERKEMBANGAN PEMBUKTIAN PADA PUTUSAN VERSTEK: STUDI KASUS DI PENGADILAN NEGERI SLEMAN DAN KOTA YOGYAKARTA Elisabeth Sundari; Nindry Sulistya Widiastiani
Justitia et Pax Vol. 35 No. 2 (2019): Justitia et Pax Volume 35 Nomor 2 Tahun 2019
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v35i2.2936

Article 25 of HIR provides that in case the defendant does not appear at court process (verstek), the claim will be accepted unless it is unreasonable and against the rights. In the beginning, that article was interpreted that in case the defendant doesn’t appear at court process (verstek), the plaintiff shall not obeyed to proof his claim. How is the development of that previous interpretation? Normative legal research has been conducted to redress that issue. The data were collected from secondary data resources from Sleman and Yogyakarta District Court decisions concerning the burden of proof in verstek recently, and being analized qualitatively. The research result shows that there is a development in interpretating Article 125 HIR, where the judges burdened the plaintiff to proof his claim. That interpretation development supports the strive to get the truth beyond reasonable doubt, to meet a fair decision, as good as to avoid fraud claim, and haphazard decision.

PERLINDUNGAN BAGI KELOMPOK AGAMA MINORITAS MENGHADAPI KELOMPOK AGAMA MAYORITAS: STUDI KASUS AHOK DAN MELIANA Elisabeth Sundari; Anna Marieta Simangunsong; Isabelle Valerie; Matheus Nurlatu
Justitia et Pax Vol. 36 No. 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3118

Through the case studies, Ahok and Meliana, this research aims to explain how the religious minority try to obtain protection to fulfill human rights when faced with religious majority pressure from the majority group. Normative research will answer the problem by analyzing the process of prosecution, the adjudication, and the punishment for Ahok & Meliana and the demonstration both outside the court and in the trial process demanding severe punishment for the accused of religious blasphemy. The result shows that even though it is difficult to prove directly, the mobilization of the masses in the judicial process can affect judges' independence to provide protection and justice for religious minority. The case of Ahok and Meliana shows how difficult it is for minority religious groups to seek protection against pressure from the majority religious groups because the State and Judges cannot prevent and take firm action against mass pressure from the majority religious groups against minority religious groups. The case such as Ahok and Meliana will occur as long as blasphemy's criminalization is still in effect. If the principle of non-discrimination or commutative justice is applied, and not the principle of protection based on 'partiality for the vulnerable,' the protection for religious minority groups will not be realized fully.

KEBIJAKAN HUKUM PIDANA TERHADAP MALPRAKTIK MEDIS PADA RUMAH SAKIT Anny Retnowati; Elisabeth Sundari
Justitia et Pax Vol. 37 No. 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3303

Malpractice still occurs a lot, both by hospitals and doctors, although there are several legal instruments that regulate hospitals, as well as medical practice with sanctions for violators of health laws. The purpose of this study is to explore the deficiencies that exist in legal policies, and to propose new legal policies in order to optimally prevent and overcome hospital malpractice. The research method used is a normative research method by examining aspects of criminal law in health law concerning malpractice, as well as theories and expert opinions for better legal policy proposals. From the qualitative analysis of primary and secondary legal material data, the following results were obtained: first, there are weaknesses in the health law policy so that it cannot prevent and overcome malpractice optimally, namely incompleteness and lack of clarity regarding the formulation of malpractice and its strict sanctions, as well as a turn towards acts against the law and the limitations of the hospital's responsibility for malpractice committed by doctors or medical personnel. Second, a new legal policy that can be proposed, namely by clearly formulating and detailing the limits of hospital malpractice in health law, accompanied by strict sanctions or accountability both criminal, civil, and administrative, the hospital is also responsible for malpractice committed by doctors with conditions in certain conditions, procedural law must be lex specialis by, for example, imposing strict liability.

PENILAIAN HAKIM PENGADILAN NEGERI SLEMAN TERHADAP ALAT BUKTI ELEKTRONIK DALAM SENGKETA PERDATA Elisabeth Sundari; Dora Tamasia, Tessa Febriane Paat, Grace Br Tamba, Aprilia Nur Fatikha, Artha Dita Dwi Aryani Saragi
Seminar Nasional Penelitian dan Abdimas Vol 2 No 1 (2024): Juni
Publisher : Lembaga Penelitian dan Pengabdian pada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/senapas.v2i1.9315

Pembuktian bertujuan untuk memperkuat kebenaran dalil tentang fakta hukum yang menjadi pokok sengketa, sehingga hakim memperoleh dasar kepastian untuk menjatuhkan keputusan. Sejak berlakunya UU ITE terdapat perdebatan kedudukan alat bukti elektronik. Namun ditegaskan dalam Pasal 5 Ayat (1) UU ITE, kedudukan bukti elektronik berdiri sendiri sebagai perluasan dari alat bukti yang ada dan dianggap sebagai sah. Majelis melihat bukti elektronik yang satu dengan yang lainnya saling mendukung dan memiliki keterkaitan. Dengan demikian majelis berpendapat bukti-bukti surat yang merupakan fotokopi dari fotokopi tersebut karena didukung oleh alat bukti surat lainnya serta keterangan saksi-saksi sehingga dapat digunakan sebagai alat bukti yang sah.

AUTHORITY OF BADAN PENYELESAIAN SENGKETA KONSUMEN RESOLVING DEFAULT DISPUTES IN CONSUMER FINANCING Giovanni Oryssa Sativa Andreyan; Elisabeth Sundari
Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i2.7858

This research aims to explore and study the cause of different perspective between Badan Penyelesaian Sengketa Konsumen (BPSK) and Supreme Court, regarding the authority of BPSK in Resolving Wanprestasi Disputes in Consumer Financing, as well as to examine the boundaries of BPSK in resolving Wanprestasi disputes in consumer financing in order to achieve the legal certainty. This research is a normative research which use constitutive approach and conseptual approach. The data collection method is using literature review and interview. The primary legal materials and secondary legal materials are analyzed by descriptive qualitative to answer the legal matters which being studied. The logic of deductive is used to draw conclusion. The result of this research is there are some factors which causes different perspective betweeen BPSK and Hakim Agung; BPSK still believes that the Wanprestasi dispute in consumer financing is their authority, the blurry criteria of disputes which are the authority of BPSK and the absence of limitative boundaries to BPSK authority towards Consumers Protection Law. The limitations of BPSK’s authority is they need to clarified the definition of consumer’s disputes as wanprestasi disputes is included in BPSK’s authority. The disputes handled by BPSK should have minor loss, and if a place of dispute resolution in BPSK’s court already in the agreement of consumer financing, BPSK must reject it.

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