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Fira Mubayyinah
Sekolah Tinggi Agama Islam al-Hikmah Tuban Jawa Timur
Education Social Sciences

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MEMOTRET PENEGAKAN HUKUM DI INDONESIA Fira Mubayyinah
Al Hikmah: Jurnal Studi Keislaman Vol. 6 No. 1 (2016): AL HIKMAH
Publisher : LPPM Institut Agama Islam Al-Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (90.056 KB) | DOI: 10.36835/hjsk.v6i1.2795

Abstract

Indonesia is a state law. This is clearly contained in the state constitution, namely article 1, paragraph (3) of the Constitution of the Republic of Indonesia Year 1945. Explanation of the Constitution of the Republic of Indonesia Year 1945 further mentioned State Indonesia based on the law (rechstaat), not by power sheer (machtsstaat). As a country which proclaimed itself as a country of law, then all aspects of national life must be based on law. The emergence of dual obligation is related to several articles, namely: (a). Article 2, paragraph (1), which puts the Attorney as government agencies which implies that the prosecutor's office is an agency under the executive, but the authority to implement state power in the prosecution of running the judiciary; and (b). Article 19 paragraph (2) and Article 22 of the Attorney General is appointed, dismissed and responsible to the president, it is structurally under the executive judiciary but functionally is that in carrying out its functions should remain in line with the government-run legal politics.
PUTUSAN ARBITRASE DALAM PENYELESAIAN SENGKETA PARA PIHAK Fira Mubayyinah
Al Hikmah: Jurnal Studi Keislaman Vol. 6 No. 2 (2016): AL HIKMAH
Publisher : LPPM Institut Agama Islam Al-Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (187.39 KB) | DOI: 10.36835/hjsk.v6i2.2806

Abstract

The court as a means of dispute resolution, most known, but among business will always strive to be avoided by many, due process and the relatively long period of time and protracted due to there are multiple levels in the hierarchy of the courts which have to be passed. In addition it is also because the identity of the parties to the dispute will be known by the public, because the principle of the hearings of the judiciary is, in principle, open to the public. For those who already have a name in the business world, does not want his identity known to the public because the case in court, this was due to worry big name kebonafiditasnya are always protected and preserved will be tarnished, especially among business associates, in addition also for justice that exist in Indonesia today are considered less able to meet the sense of justice in society. Therefore based on the background of the above, to be revealed in this study is whether the Arbitral as an alternative dispute resolution already has a legal binding for the parties to the dispute and shall be final. Arbitral always dependent on technical capabilities Arbiter to give a satisfactory decision and in accordance with the sense of justice of the parties. May not be suitable for the demands made up of various parties. Need to get a court order to do so, when there are parties, especially the losers do not want to implement the Arbitration Award, and (6). Final and binding principles that are attached to the Arbitral not absolutely true, in other words still open a few remedies that can be done to deny an Arbitration Award. Inconsistency of the Arbitral besides a problem, but also make the barriers and obstacles on the level of practice, especially in terms of the execution of an Arbitration Award.
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