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All Journal Jurnal Hukum Prasada
Victoria Tabita Majesty Lamada
Tarumanagara University
Law, Crime, Criminology & Criminal Justice

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The Function of Legal Research in Formulation of Legislation Victoria Tabita Majesty Lamada; Tetania Retno Gumilang
Jurnal Hukum Prasada Vol. 7 No. 1 (2020): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (834.662 KB) | DOI: 10.22225/jhp.7.1.2020.61-65

Abstract

The formation of legislation is a condition in the framework of national law development which can only be realized if supported by good methods, which are binding on all institutions authorized to make regulations. Indonesia is a state of law that should implement good national legal development, which is carried out in a planned, integrated and sustainable manner in the national legal system. Law No. 12 of 2011 states that research is an important element in the formation of the legislation process. Because it is impossible if a draft legislation is formed before the existence of a legal investigation. This research discussed about the role of legal research in the formation of legislation, as well as what are the benefits of legal research itself. The conclusion is the formation of laws and regulations cannot occur if there is no legal research, because legal research is an internal problem solver in the process of establishing legislation. This legal research itself plays an active role in obtaining valid, correct, rational, and logical data. In addition, legal research is also useful for obtaining raw materials from all aspects, both juridical, socio-psychological, and philosophical that are accurate and complete.
Prevention of Miscarriage of Justice in the Implementation of Judges’ Tasks Tetania Retno Gumilang; Victoria Tabita Majesty Lamada
Jurnal Hukum Prasada Vol. 7 No. 2 (2020): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (983.177 KB) | DOI: 10.22225/jhp.7.2.2020.91-95

Abstract

Work by relying on conscience, to decide whether someone is guilty or not. The judge profession is one of the noble professions. The judge determines a person's actions. Judges are called noble, clearly addressing this profession has a higher degree. In convicting a criminal, besides at least two valid evidence, a judge's conviction is needed. The judge is called the representative of God on earth. However, judges are still ordinary people who are not free from mistakes. Miscarriage of justice happens a lot in the decisions they make. This study examines the prevention of miscarriage of justice in the implementation of judges’ tasks. This research is designed by using normative-juridical method, which is an approach that uses a positivist-juridical conception, namely that law is identical with written norms created by the authorities, so far the law is made as a normative system that is autonomous closed and independent of people's lives. The results show that Justice is something aspired by the people of Indonesia. Judges are the most important element in realizing justice that is highly aspired. Judges as representatives of God who hold to the "For the sake of justice based on the Almighty God" develop a difficult task. Many miscarriage of justice occurs in the community. Judges as a profession that has a higher degree must hold on to professional ethics to avoid miscarriage of justice.
Co-Authors Tetania Retno Gumilang