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All Journal Jurisprudentie Indonesia Law Review (ILREV) Jurnal Hukum dan Pembangunan
Manthovani, Kelly
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Law, Crime, Criminology & Criminal Justice

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CAUSES AND CONSEQUENCES OF THE WAR ON MARIJUANA IN INDONESIA Pangaribuan, Aristo Marisi Adiputra; Manthovani, Kelly
Indonesia Law Review Vol. 9, No. 2
Publisher : UI Scholars Hub

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Abstract

This article argues that the current narcotics law regime is a factor to blame for the cause of prison overcrowding and unnecessary deprivation of liberty and dignity for its violator with the help of criminal justice tools. Multi-layer category of drug users introduced by the current narcotics law is leaving too much discretion for the law enforcement agency to criminalize marijuana user. Data shows that in Jakarta and Surabaya court alone, all marijuana users are charged with multiple articles and leaving no room for them to escape from a draconian sentence. This paper questions the repressive enforcement used by the Indonesian apparatus specifically on marijuana because it leads to other issues bigger than the personal use of marijuana itself. In the end, this article is proposing the change of legislation in marijuana law while at the same time taking the nature of political conservatism in Indonesia into account.
PELAKSANAAN E-COURT MENURUT PERMA NOMOR 3 TAHUN 2018 TENTANG ADMINISTRASI PERKARA DI PENGADILAN SECARA ELEKTRONIK DAN E-LITIGATION MENURUT PERMA NOMOR 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK (STUDI DI PENGADILAN NEGERI DI INDONESIA) Retnaningsih, Sonyendah; Nasution, Disriani Latifah Soroinda; Velentina, Rouli Anita; Manthovani, Kelly
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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The process of resolving cases at a trial is not always carried out conventionally ie the parties come directly to the trial but can be done online. This is marked by the launch of the e-court application on July 13, 2018. With the launch of the e-court application, the Supreme Court has moved towards electronic justice which will fundamentally change the practice of litigation services in the courts. Since the issuance of Supreme Court Regulation No. 1 of 2019 concerning Administrative of Cases and Trials in Electronic Courts on August 19, 2019, the Supreme Court Regulation No. 3 of 2018 concerning Administration of Cases in Electronic Courts was declared revoked and no longer valid. This PERMA Number 1 of 2019 perfected PERMA Number 3 of 2018 so that now not only case registration can be done online or known as e-court but the trial can also be conducted electronically namely e-litigation.
Legal Implications of Corruption Crime Legal Process on the Arbitration Dispute Resolution Proceedings Novian, Desri; Manthovani, Kelly
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 2 (2024): Volume 11 Nomor 2 Desember 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i2.51814

Abstract

The research aims to analyze allegations of criminal acts of corruption that may affect the validity of arbitration agreements, as well as the implications of investigating or prosecuting these criminal acts simultaneously with arbitration proceedings. The research method relies on arbitration legal instruments and relevant literature, including the New York Convention 1958, the UNCITRAL Model Law, and Law No. 30 of 1999. The research identifies differences in regulations concerning the conduct that arbitrators or arbitral tribunals may adopt when examining arbitration disputes where the subject matter is also under investigation for criminal acts of corruption. The uniqueness or novelty of the research lies in its comprehensive analysis of the legal gaps and uncertainties that arise when these two legal processes run in parallel. The findings show that in some jurisdictions, arbitration disputes related to criminal acts of corruption are refused or rejected, while others continue the arbitration process by considering the principles of party autonomy and separateness in arbitration law. The research recommends several approaches that arbitrators or arbitral tribunals may take and emphasizes the need for regulations from relevant authorities to ensure legal certainty in the parallel examination of arbitration disputes and criminal acts of corruption involving the same subject matter.
Co-Authors Aristo Pangaribuan, Aristo Nasution, Disriani Latifah Soroinda Novian, Desri Sonyendah Retnaningsih, Sonyendah Velentina, Rouli Anita