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All Journal Yustisia Merdeka : Jurnal Ilmiah Hukum
Heru Drajat Sulistyo
Universitas Soerjo
Law, Crime, Criminology & Criminal Justice

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Kajian Yuridis Dasar Hukum Jaksa Penuntut Umum Melakukan Upaya Hukum Kasasi Terhadap Putusan Bebas (Vrijspraak) Dalam Sistem Peradilan Pidana Indonesia Heru Drajat Sulistyo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 2 (2019): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i2.34

Abstract

This study discusses theoretically normative about the appeal made by the Public Prosecutor on the verdict free (vrijspraak) in the Indonesian Criminal Justice System intended to find solutions to the juridical problems arising from the acquittal. The problem in this study, namely: What is the legal basis for the Public Prosecutor to conduct an appeal against the verdict (vrijspraak). The research method used is a normative legal research method and uses secondary data types, including primary legal materials, secondary legal materials and tertiary legal materials collected through library studies, print media, electronic media. The results of the research study, namely: the legal basis of the Public Prosecutor conducting an appeal against the verdict (vrijspraak) is the Decree of the Minister of Justice of the Republic of Indonesia Number M.14-PW.07.03 of 1983 dated December 10, 1983 concerning Supplementary Guidelines for the Implementation of the Criminal Procedure Code (item 19) . Then the Supreme Court Decree Reg. no: 275 K / Pid / 1983 in the Raden Sonson Natalegawa case was the first decision to be born as jurisprudence for a free verdict after the entry into force of the Criminal Procedure Code. Furthermore, the Constitutional Court Decision Number 114 / PUU-X / 2012 dated March 28, 2013. The existence of the Constitutional Court Decision Number 114 / PUU-X / 2012 dated March 28, 2013, the public must accept the Public Prosecutor is contested with legal action to appeal against the acquittal (vrijspraak).
Dissenting Opinions Hakim Mahkamah Konstitusi Terhadap Pembatalan Peraturan Daerah Kabupaten/Kota Oleh Menteri Dalam Negeri Dikaitkan Dengan Pasal 24A Ayat (1) UUD 1945 (Putusan Mahkamah Konstitusi Nomor:137/PUU-XIII/2015) Kantrey Sugiarto; Heru Drajat Sulistyo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 2 (2019): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i2.38

Abstract

On April 4, 2017, the Panel of Judges of the Constitutional Court read out the decision on a judicial review of the laws of the Regional Government registered with case number 137 / PUU-XIII / 2015. Of the 9 (nine) judges who tried the case, there were 4 (four) judges who did dissenting opinions. With the Dissenting Opinion in this decision can be used as one of the quality parameters of the decision in fulfilling the sense of justice of the community, because it can be assessed the quality of thought of each judge and know the inner atmosphere that occurs during the judge deliberation meeting which is one of the crucial stages before a court ruling. The description of the activities carried out is, first to identify the facts of the law and to eliminate the irrelevant matters to establish legal issues to be solved. Second, collecting legal materials that are relevant to legal issues that are discussed so as to be able to solve these legal issues. Third, review legal issues submitted based on the materials collected. Fourth, draw conclusions in the form of arguments that answer legal issues. Fifth, provide text based on the arguments built in the conclusions.
Tinjauan Yuridis Pertahanan Negara Yang Dilakukan Tentara Nasional Indonesia Heru Drajat Sulistyo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 6 No. 2 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i2.56

Abstract

Abstract— In The division of tasks and authority in carrying out national defense and security between the Indonesian National Army (TNI) and the Indonesian National Police (POLRI) has been regulated in the 1945 Constitution. The problems in this study are: how is the national defense carried out by the Indonesian National Army in the Indonesian State Administration System and how is the relationship between the Indonesian National Army and the Indonesian National Police implementing the National Defense in the Indonesian State Administration System. The research method used is a normative legal research method and uses secondary data types. The results of the research study, namely: 1) the main task of the Indonesian National Army is to uphold state sovereignty, maintain the territorial integrity of the Unitary State of the Republic of Indonesia based on the Pancasila and the 1945 Constitution of the Republic of Indonesia, and protect the entire nation and the whole of Indonesia's blood spilled from threats and disturbance to the integrity of the nation and state (Article 7 paragraph (1) of Law No. 34 of 2004 concerning the Indonesian National Army) 2) Operational duties other than war carried out by the Indonesian National Army to assist the Indonesian National Police in the framework of security and public order. 3) The defense sector which is the duty of the Indonesian National Army and the security sector which is the duty of the Indonesian National Police cannot be separated. Keywords—: Indonesian National Army; Indonesian National Police; National Defense.
Co-Authors Kantrey Sugiarto