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Budi Suhariyanto
Puslitbang Kumdil MA-RI
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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MENUNTUT AKUNTABILITAS PUTUSAN PENGADILAN MELALUI PEMIDANAAN TERHADAP HAKIM Budi Suhariyanto
Jurnal Hukum dan Peradilan Vol 1, No 2 (2012)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.249-274

Abstract

Judiciary corruption of somejudges become the black stain of justice, than because of that public has been forced to demand accountability court rulling. The claim is becoming more and more as the filing of RUU MA, that includes a clause of punisment for the judges, and this is a reasonable question. This research is a legal normatif juridical approach, using the secondary data, than analized with qualitative juridical analysis methods. Based on the result of this research, we can concluded that a clause of punisment for tha judges (criminalizing judge) on RUU MA regulated, were not based on the principles of criminal policy. Infact, the crisis of overreach of the criminal law is what happens when the regulated repeatedly compel. Keywords: Accountability, Court, Criminality, Judge.
QUO VADIS PERLINDUNGAN HUKUM TERHADAP KORBAN MELALUI RESTITUSI (Perspektif Filsafat, Teori, Norma dan Praktek Penerapannya) Budi Suhariyanto
Jurnal Hukum dan Peradilan Vol 2, No 1 (2013)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.1.2013.109-130

Abstract

Restitution is a form of legal protection form for victims of victim recovery oriented. Normatively, on the positive law, restitution has not been cooperated well yet. Consequenly, the application of the restitution had a problem, specifically unsynchronized legal structure. Under the integrated criminal justice system perspective, legal structure and legal substance disharmony need to be reorganized (regulated). A fundamental arrangement will be done by rephylosophy some punishment, than make restitution become a prinsipal (main)criminal and giving a new position for the victim to the later integrated criminal justice system based on the phylosophy of restoratifjustice. Keywords: legal protection, victims, restitution.
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