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All Journal Jurnal Dimensi Jurnal Ilmiah Kebijakan Hukum Ajudikasi : Jurnal Ilmu Hukum Al-Daulah : Jurnal Hukum dan Perundangan Islam Syntax Literate: Jurnal Ilmiah Indonesia Jurnal HAM Jurnal Hukum Respublica Ensiklopedia of Journal Menara Ilmu Ensiklopedia Social Review Jurnal Trias Politika Al-MIKRAJ: Jurnal studi Islam dan Humaniora PENA LAW: International Journal of Law Jurnal Sosio-komunika Riau Law Journal Jurnal Saintifik ANDREW Law Journal JURNAL RUANG HUKUM Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia El Dusturie: Jurnal Hukum dan Perundang-undangan Jurnal Legislasi Indonesia
Duwi Handoko
Sekolah Tinggi Ilmu Hukum Persada Bunda, Pekanbaru
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Journal : Menara Ilmu

 1 
PERBANDINGAN ANTARA MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI SEBAGAI BAGIAN DARI PELAKU KEKUASAAN KEHAKIMAN DI INDONESIA HANDOKO, DUWI
Menara Ilmu Vol 11, No 74 (2017): Vol. XI Jilid 1 No. 74, Januari 2017
Publisher : LPPM Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/mi.v11i74.72

Abstract

The 1945 Constitution of the State of the Republic of Indonesia Year 1945 confirms that Indonesia is a country of law. The one important principle of state of law is the guarantee of the implementation of independent judicial power, free from the influence of other powers to organize judiciary to enforce the law and justice. This study is based on the curiosity of investigators in uncovering the scope and existence of judicial power in Indonesia. The scope and existence were restricted to two state institutions in the field of the judiciary, the Supreme Court (SC) and the Constitutional Court (CC). Therefore, this study aims to identify and analyze the comparison (similarities and differences) between the authority of the SC and the CC. This study views of its kind is a normative legal research. While the views of nature, descriptive study. SC and the CC have the same authority to be a court decision that is both first and last. SC and the CC provides access to people who can not afford as the recipient of legal aid to be able to act. SC have jurisdiction in the enforcement of the criminal law, while the CC, does not have jurisdiction in the enforcement of the criminal law, but the CC decision related to the decriminalization of significant influence in the enforcement of criminal law. SC and the CC differ in their patterns and the supervision of the Chief Justice of the Constitutional Court. SC and the CC different in terms of a court decision is final and binding. The SC decision, are not the first and last because is final and binding and there is also not final but is already binding. There are differences of transparency in the legislation review in the SC and the CC. Keywords: The Rule of Law, Attribution Power, Judicial Power, Justice.
PERBANDINGAN ANTARA MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI SEBAGAI BAGIAN DARI PELAKU KEKUASAAN KEHAKIMAN DI INDONESIA HANDOKO, DUWI
Menara Ilmu : Jurnal Penelitian dan Kajian Ilmiah Vol 11, No 74 (2017): Vol. XI Jilid 1 No. 74, Januari 2017
Publisher : LPPM Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/mi.v11i74.72

Abstract

The 1945 Constitution of the State of the Republic of Indonesia Year 1945 confirms that Indonesia is a country of law. The one important principle of state of law is the guarantee of the implementation of independent judicial power, free from the influence of other powers to organize judiciary to enforce the law and justice. This study is based on the curiosity of investigators in uncovering the scope and existence of judicial power in Indonesia. The scope and existence were restricted to two state institutions in the field of the judiciary, the Supreme Court (SC) and the Constitutional Court (CC). Therefore, this study aims to identify and analyze the comparison (similarities and differences) between the authority of the SC and the CC. This study views of its kind is a normative legal research. While the views of nature, descriptive study. SC and the CC have the same authority to be a court decision that is both first and last. SC and the CC provides access to people who can not afford as the recipient of legal aid to be able to act. SC have jurisdiction in the enforcement of the criminal law, while the CC, does not have jurisdiction in the enforcement of the criminal law, but the CC decision related to the decriminalization of significant influence in the enforcement of criminal law. SC and the CC differ in their patterns and the supervision of the Chief Justice of the Constitutional Court. SC and the CC different in terms of a court decision is final and binding. The SC decision, are not the first and last because is final and binding and there is also not final but is already binding. There are differences of transparency in the legislation review in the SC and the CC. Keywords: The Rule of Law, Attribution Power, Judicial Power, Justice.
TINDAK PIDANA TANPA KORBAN DI INDONESIA PENGATURAN DAN PROBLEMATIKANYA Duwi Handoko
Menara Ilmu Vol 12, No 3 (2018): Vol. XII No. 3 April 2018
Publisher : LPPM Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/mi.v12i3.707

Abstract

The term of victimless crime in positive criminal law in Indonesia is contained in only one law, namelyLaw Number 11 Year 2012 on the Criminal Justice System of the Child. Although in the law, the term"criminal act" without a victim is found, but there is no definition about that. Some of the behaviorscategorized as victimless crime are drunks, vagrants, gambling, prostitution, and drug use.Related to the pattern of setting up the crime without victims in Indonesia, the following conclusions areobtained: abortion, homosexuality and gambling are regulated in and outside the Criminal Code, vagrantsare only regulated in the Criminal Code, drug dependence is only regulated outside the Criminal Code, andnot rules for perpetrators and prostitution services, whether administered within or outside the CriminalCode.The problem of law enforcement on non-victim crimes in Indonesia is: abortion is not just about legalmatters. Therefore, international human rights bodies seek to avoid the issue of abortion. The prohibition ofmuddle life is a matter unrelated to the obligation of the state to care for the poor and neglected children.The problem of drug dependence is caused by the existence of "double standard" in the framework of lawenforcement which clearly and firmly arranged in Article 121 and Article 127 of Law Number 35 Year 2009about Narcotics. The problematic of prostitution is that there is no negative impact (punishment) forperpetrators and users of prostitution services. The problem of gambling is that the Criminal Code does notprohibit gambling activities. So, it is true that he is called a crime, but not forbidden, and instead givenpermission.Keywords: Victimless Crime, Prostitution, Abortion, Gambling
Co-Authors Afrinaldy Rustam Agripina, Hawa Raissa Alamsyah, Rahmad ASRIL, FERRY Beni Sukri Beni Sukri Ferry Asril Hamler Hamler HULAIMI Hulaimi Hulaimi, Hulaimi Irfan Ardiansyah Irfan Ardiansyah Khairul Azwar Anas Laia, Lewiaro Lewiaro Laia Lewiaro Laila Marlina, Tat Martha Hasanah Rustam Meidizon Muhammad April Muin, Mulyani Rody Rahmad Alamsyah Rahmad Alamsyah Reza Azurma Riadi Asra Rahmad Rustam Rustam Rustam Rustam Sukri, Beni Tat Marlina Tat Marlina Tat Marlina Tat Marlina Turisnur, Iva