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All Journal Dialogia Iuridica Jurnal Hukum Lex Generalis Innovative: Journal Of Social Science Research
Arman Tjoneng
Universitas Kristen Maranatha
Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Public Health Other

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Journal : Jurnal Hukum Lex Generalis

 1 
Pemberian Grasi Oleh Presiden Terhadap Terpidana Tindak Pidana Pembunuhan Ditinjau Dari Perpektif Keadilan, Kepastian, Dan Kemanfaatan Hukum Cristina Natalia Sinaga; Arman Tjoneng
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i7.496

Abstract

This study aims to illustrate that pardon should be given to individuals who truly admit their guilt and serve to complete justice, but not to erase the convict's guilt. Antasari Azhar, through his attorney, twice submitted a request for pardon to the president. The first request for pardon was rejected, but the second request was granted by the President. In the second granting of pardon, Based on the Supreme Court's decision in letter number 21/Panmud Pid/IX/2016/18/MA/2016 dated September 30, 2016, the President issued Presidential Decree 1/G/2017 on January 16, 2017. From the principles of justice and legal benefits, the granting of pardon to Antasari Azhar is considered to deviate from the two legal principles, because in accordance with Article 2 paragraph (3) of Law Number 5 of 2010 concerning amendments to Law Number 22 of 2002, a request for pardon can only be submitted once. From the perspective of the principle of legal certainty, the granting of pardon by the President to Antasari Azhar through Presidential Decree 1/G/2017, based on the submission of a pardon request twice, clearly contradicts Article 2 paragraph (3) which states that a pardon can only be submitted once.
Tinjauan Yuridis Terhadap Gugatan Mantan Ketua Mahkamah Konstitusi di PTUN Jakarta atas Pemulihan Jabatan sebagai Ketua Mahkamah Konstitusi dalam Konteks Kompetensi/Kewenangan Pengadilan Tata Usaha Negara dalam Penyelesaian Sengketa Tata Usaha Negara Karensia Payoh; Arman Tjoneng
Jurnal Hukum Lex Generalis Vol 5 No 8 (2024): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i8.497

Abstract

The purpose of this article is to examine the lawsuit filed by former Chief Justice of the Constitutional Court, Anwar Usman, and the decision that will be made by the Administrative Court (PTUN) regarding the lawsuit. This research employs a normative juridical method, analyzing the application of doctrines, norms, and legal principles to address specific legal issues. Data is obtained from books, journals, and other legal literature through a literature study. Anwar Usman was dishonorably dismissed as Chief Justice of the Constitutional Court for ethical violations in adjudicating case number 90/PUU-XXI/2023, which allowed his nephew, Gibran Rakabuming, to run in the 2024 presidential election. Anwar subsequently filed a lawsuit with the PTUN Jakarta, requesting the annulment of Suhartoyo's appointment as Chief Justice of the Constitutional Court for the 2023-2028 term, as well as the restoration of his reputation and reinstatement to his position. This article will discuss the two main petitions in the lawsuit, arguing that the PTUN should not grant Anwar Usman's petition because the decision complies with the applicable laws and regulations.
Co-Authors Cristina Natalia Sinaga Debora Prasetya Karensia Payoh