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EKSISTENSI EKSAMINASI DALAM SEBUAH LEMBAGA PERADILAN: The Existence Of Examination In A Judicial Institution Titin Apriani
Ganec Swara Vol. 20 No. 1 (2026): Maret 2026
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v20i1.597

Abstract

The purpose of this study is to find out how the form of examination existence in a judicial institution and whether the existence of examination in a judicial institution can control the performance of judges in making a product such as a decision maximally or not, so that it can reduce judges' errors in making decisions in court. This study is alibrary research that uses data in the form of books, laws, articles, journals, several cases that often occur and other literature related to the title, while the technique and data collection is by collecting various ideas, theories and concepts from various literature that emphasizes the comparison process between arguments, articles or other laws. The approach method used in this study is the statute approach, conceptual approach, case approach and historical approach or history.             The research findings indicate that the existence of examinations within a judicial institution is purely internal and serves as an oversight instrument by the Supreme Court (MA) over its subordinate judges. The formal basis for this practice began with the issuance of Supreme Court Circular Letter (SEMA) Number 1 of 1967. This SEMA requires the heads of first-instance and appellate courts to examine judges' decisions to assess their competence and thoroughness. However, when viewed over time until today, despite the existence of the Judicial Commission (KY), the function of internal examinations has tended to stagnate or become merely an administrative formality
Peran Digitalisasi Peradilan Perdata dalam Meningkatkan Akses Terhadap Keadilan di Indonesia: The Role of Civil Court Digitalization in Enhancing Access to Justice in Indonesia Titin Apriani; Ni Luh Ariningsih Sari
Ganec Swara Vol. 20 No. 3 (2026): September 2026
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v20i3.772

Abstract

This study aims to examine the role of civil court digitalization in enhancing access to justice in Indonesia and to identify the obstacles encountered in implementing this digitalization to achieve such access. The ultimate goal is to ensure that all members of Indonesian society can access justice without exception or hindrance. This research is a library-based study utilizing data from books, legislation, articles, and journals. Data collection involved gathering ideas, theories, and concepts from various literature sources, focusing on a comparative analysis of legal principles, statutory provisions, and relevant laws. The study employs the statute approach, the conceptual approach, and the sociological approach. The findings indicate that the digitalization of civil courts plays a crucial role in improving access to justice and serves as a vital instrument for expanding such access across Indonesia. However, the digitalization process faces various challenges—ranging from regulatory issues, technological infrastructure, and human resource quality to digital literacy and disparities in internet access, particularly in remote areas. Consequently, the utilization of electronic court services to realize access to justice that is fast, easy, simple, and affordable remains suboptimal.
Arah Politik Hukum Pertanahan Nasional dalam Menghadapi Investasi dan Perlindungan Hak Masyarakat Adat: The Direction of National Land Law Policy in Addressing Investment and the Protection of Indigenous Peoples' Rights Ni Luh Ariningsih Sari; Titin Apriani
Ganec Swara Vol. 20 No. 3 (2026): September 2026
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v20i3.777

Abstract

Policies aimed at accelerating investment often give rise to agrarian conflicts, particularly regarding the rights of customary law communities that maintain historical, social, cultural, and spiritual ties to their customary territories. This condition demonstrates the need for a national land law policy capable of balancing investment interests with the protection of indigenous peoples' rights. This study aims to analyze the direction of Indonesia's national land law policy in supporting investment, examine the legal protection afforded to indigenous peoples within the national land policy framework, and formulate an ideal land law policy that balances investment interests with the protection of indigenous peoples' rights. This research employs normative legal research using statutory, conceptual, and historical approaches. Legal materials were analyzed qualitatively through library research, including legislation, court decisions, books, and scholarly journals. The findings indicate that the current national land law policy is primarily oriented toward improving the investment climate through regulatory simplification and legal certainty. However, its implementation continues to face challenges, including agrarian conflicts and inadequate protection of indigenous peoples' rights. Therefore, the national land law policy should be reoriented toward an equitable investment model by strengthening the legal recognition of indigenous peoples, harmonizing land-related regulations, implementing the Free, Prior and Informed Consent (FPIC) principle, and promoting sustainable development grounded in agrarian justice and respect for the constitutional rights of indigenous peoples.