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Dezonda R. Pattipawae
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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FUNGSI PEMERIKSAAN DISMISSAL DALAM PERADILAN TATA USAHA NEGARA Dezonda R. Pattipawae
SASI Vol 20, No 1 (2014): Volume 20 Nomor 1, Januari - Juni 2014
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v20i1.344

Abstract

Law No. 5 of 1986, as amended and supplemented by Law No. 9 of 2004 concerning the State Administrative Court, and also in the explanation, the term process of dismissal is not known, but the substance of meanings provided for in Article 62 Court Law. The process of dismissal or a consultative meeting of the screening process to suit the incoming State Administrative Court. Events in the consultative meeting or dismissal examinations conducted by deliberation whether the case is accepted or not. The existence of the background of this dismissal is based on a claim that not all can be received at the Administrative Court so that the process is solid filtered dismissal cases that entered in the Administrative Court. The dismissal process must be passed every lawsuit that goes to the administrative court. It was to assess the feasibility of a lawsuit proceed to the next stage of the trial. In the process of dismissal, accompanied by the Chairman of the Administrative Court clerks who recorded the course of the examination file. "If adopted, the chairman of the administrative court will appoint a panel of judges, but if not accepted, will be issued the determination of dismissal, thepartiesobjected to the determination of dismissal can take the fight, and the chairman of the State Administrative Court would reassess. Assessment isa lawsuit under the authority Administrative Courtor not to prosecute. It could have entered his complaint to the administrative court but after examination, the general judicial authority,not the administrative court.
Kedudukan Advokat Sebagai Penegak Hukum Dalam Hubungan Dengan Aparat Penegak Hukum Lainnya Untuk Menegakkan Hukum dan Keadilan Dezonda R. Pattipawae
SASI Vol 18, No 1 (2012): Volume 18 Nomor 1, Januari - Maret 2012
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v18i1.339

Abstract

With the enactment of Law Advocate gave an Advocate for proceeds in this country, becausethe existence of the Advocate has been recognized as one of the law enforcement officers whohad not been enacted or not the enforcement of Law Advocates. Role of Advocates as otherlaw enforcement officers are always considered Advocate at the time as an integral part thatdoes not have a strategic position in the system of law in Indonesia. Position advocate for lawenforcement officers to be not a figment, it is proved by the enactment of Law No. 18 Year2003 on Advocates. In Article 5, paragraph (1) expressly says that "Advocates status as lawenforcement, free and independent and guaranteed by laws and regulations. Pursuant toArticle 5 paragraph (1) of Law Advocates, the advocate should position is equal or equivalentother law enforcement officers (police, prosecutors and judges), but the reality of lawenforcement in Indonesia Advocates have not been treated or respected by other lawenforcement officials as law enforcement officers. This can be evidenced by the presence ofthe Advocate inspected, prosecuted and even convicted for their profession, but in theAdvocates Act clearly and explicitly set the immunities under Article 16 of Law No. 18 Year2003 on Advocate: "Advocates can't prosecuted both civil and criminal in carrying tugsprofession in good faith under on the interests of the defense of clients in court"
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