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All Journal Al-Adl : Jurnal Hukum
Hanafi Hanafi
Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

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EKSISTENSI PERSIDANGAN ONLINE DITENGAH PANDEMI COVID19 DALAM PERKARA PIDANA DI INDONESIA Hanafi Hanafi; Muhammad Syahrial Fitri; Fathan Ansori
Al-Adl : Jurnal Hukum Vol 13, No 2 (2021)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v13i2.4493

Abstract

Following the background, the problems in this study are, first, the mechanism for implementing procedural law in E-Court for criminal cases in Indonesia, secondly how E-Court accommodates the process of proof in criminal cases in Indonesia. The method used in this research is pure legal research, which refers to and bases on legal norms and principles, applicable laws and regulations, legal theories and doctrines, jurisprudence, and other literature that are relevant to the topic. The results of this study are, firstly, the mechanism for implementing E-Court procedural law is regulated in the Supreme Court Regulation 4/2020 on the Administration and Trial of Criminal Cases in Electronic Courts provides 2 (two) alternatives for conducting trials in criminal cases, namely Normal Courts and Electronic Courts. Such matters are not previously regulated in the Criminal Procedure Code or other procedural regulations. Second, concerning the process of proofing evidence in criminal cases in E-Court still follows the provisions of the normal criminal procedure law and has the same value or power of evidence as normal trials.
Kajian Evaluatif Perselisihan Hasil Pemilihan (PHP) Kepala Daerah Serentak Tahun 2020 Di Provinsi Kalimantan Selatan Muhammad Syahrial Fitri; hanafi hanafi
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v15i1.8165

Abstract

This research will discuss, First, the factors that are the causes of the Election Result Disputes (PHP) for the 2020 Regional Heads of the South Kalimantan Province at the Constitutional Court and Second, the consequences that arise in the Implementation of the Decisions on the Election Result Dispute (PHP) for the 2020 Regional Heads of the Province Simultaneously South Kalimantan at the Constitutional Court. This research was conducted using the Normative Juridical approach, which examines statutory regulations and other literature related to regional head election results in disputes (PHP) at the Constitutional Court. The review of laws and regulations and library materials is also used as material for conducting discussions and finding solutions to problems. This study examines the causes of disputes over election results up to the implementation of decisions. It will identify existing problems in the form of solutions under the provisions of the election law and regional head elections in Indonesia. The results of this study show that the Election Results Dispute (PHP) for Regional Heads of South Kalimantan Province Simultaneously in 2020 at the Constitutional Court does not only originate from the Election of the Governor and Deputy Governor of South Kalimantan but there also from PHP Regents and Deputy Regents of Banjar Regency, Kota Baru Regency and Wali City and Deputy Mayor of Banjarmasin City, totalling seven decisions, two decisions for PHP Governor and Deputy Governor, 3 Decisions of Regent and Deputy Regent (Banjar and Kota Baru), 2 Decisions of Mayor and Deputy Mayor (Banjarmasin). The factors causing the Election Result Disputes (PHP) for Regional Heads of South Kalimantan Province Simultaneously in 2020 at the Constitutional Court consist of 2 factors. First, regulatory factors, namely the threshold for disputes over election results. % at polling places, PPK opened mailboxes, and there was vote inflation and fraud in the voting and vote-counting process. Furthermore, there are two aspects of the legal consequences arising from the implementation of the Constitutional Court decision. First, the implementation of the re-voting (PSU) and Second, the determination of the elected regional head candidates.