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All Journal Jurnal Hukum Peratun
Endri
Pengadilan Tata Usaha Negara Pekanbaru
Law, Crime, Criminology & Criminal Justice Social Sciences

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URGENSI DAN MEKANISME VALIDASI BUKTI ELEKTRONIK DALAM PEMBUKTIAN PERADILAN ELEKTRONIK Endri
Jurnal Hukum Peratun Vol 4 No 1 (2021)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.412021.89-104

Abstract

This research is trying to explain two legal issues in relation to the submission of electronic evidence in e- Litigation evidence system, those are about the urgency of electronic evidence validation in proving a case and how the ideal mechanism of electronic evidence validation at the e-Litigation proof stage is. The discourse of the trial by fully using E-Court which includes the proof stage in it has not yet been implemented due to various obstacles, including regulations, availability of supporting facilities and Human Resources (HR). It is important to study this legal issue in order to optimize E-Court so that judicial modernization with information technology approach can be quicklyimplemented, solely to realize the vision of the Supreme Court and ensure better access to justice in the future. The results of this research conclude that the electronic evidence validation process in E- Litigation is a vital stage that cannot be ruled out in order to determine the validity of an electronic evidence and how important digital forensic procedures in the electronic evidence validation process.
ASAS IN DUBIO PRO NATURA DALAM SENGKETA TATA USAHA NEGARA LINGKUNGAN HIDUP: KONSEP DAN IMPLEMENTASINYA Endri
Jurnal Hukum Peratun Vol 5 No 2 (2022)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.522022.117-136

Abstract

Besides the general principles of good governance (AAUPB) as a measuring instrument for adjudicating cases in the context of environmental administration disputes, there is also In Dubio Pro Natura principle. This study aims to describe the concept and the implementation of In Dubio Pro Natura principle as one of the particular principles known in environmental disputes. To analyze these legal issues, this study will explain the definition and scope of In Dubio Pro Natura principle and how it is applied in the environmental administration case process. This study is important considering that the largest part of environmental law is administrative law so that the Administrative Court plays a major role in the environmental law enforcement process. A complete understanding of the concept of In Dubio Pro Natura principle can influence the process of environmental administration law enforcement by the Administrative Court. The result of this study concludes that In Dubio Pro Natura principle is understood as a concept as well as a guide for judges in examining, deciding, and resolving environmental disputes. If there are judge's doubts whether in scientific uncertainty or legal uncertainty, then judges must side with the interests of the environment (pro natura). This principle also aims to maximize the existence of scientific evidence and competent environmentalists at the proof stage and make a legal invention by applying the principles of environmental policy.
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