Primus Aryesam
Faculty of Law De La Salle Catholic University, Manado

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Application of A Judge's Ruled In A Civil Dispute Fransiskus Kandunmas; Rieta Lieke Lontoh; Primus Aryesam
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.1082

Abstract

In 2005, the trial of land grant dispute was held between the Diocese of Amboina as the plaintiff against MR et al. as a defendant in the District Court Tual Southeast Moluccas. This trial was won by the Diocese of Amboina. The defendant then filed an appeal, Cassation and judicial review up to the level of the Supreme Court. Based on the Supreme Court decision no. 166/Pk / year 2010, the panel of judges ruled that the Diocese of Amboina as the legal owner of the land and sentenced the defendant to pay a fine and return the object of dispute without any conditions. Since the issuance of the decision until now, the Diocese of Amboina has not executed the land object, because the Diocese of Amboina has not submitted an application for execution to the District Court in accordance with the provisions of Article 196 HIR due to normative juridical considerations of the church; humanitarian reasons and the urgency of utilizing the object of dispute.. The purpose of this research is to understand the application of Supreme Court decision No. 166/Pk/Pdt / 2010 in dispute over land grant Diocese of Amboina. The author uses normative juridical methods and also through interviews to obtain information as a support in writing this thesis. The result of the research found that decision has permanent force and for the realization of justice and legal certainty for the parties, especially the Diocese of Amboina, the execution action must be carried out immediately in cooperation with the local district court.
Responsibility of Ad Hoc Judges in Deciding Cases of Gross Violations Human Rights Based on The Principles of Justice Aryesam, Primus
Journal of The Community Development in Asia Vol 6, No 1 (2023): Journal of the Community Development in Asia (JCDA)
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v6i1.2157

Abstract

The research aims to; Finding the substantive responsibility of ad hoc judges in deciding cases of gross violations of human rights based on the principle of distributive justice according to Aristotle. Find personal arrangements for the procedural responsibilities of ad hoc judges according to the provisions of Indonesian legislation. Evaluating administrative responsibilities through oversight mechanisms conducted on ad hoc human rights judges. Normative juridical methods are used in research. The results of the study that ad hoc judges decide cases of gross violations of human rights do not consider the legal elements of gross violations of human rights.    The evidentiary procedure is weak because ad hoc judges are institutionally independent and personally not because the influence of the chief justice is still there. Bawasmari's internal oversight is inadequate as the judge's disciplinary examination is not transparent. This research aims to 1) Find the substantive responsibilities of ad hoc judges in deciding cases of gross violations of human rights (HAM) based on the principle of distributive justice according to Aristotle. 2) Find the regulation of procedural responsibility of ad hoc judges personally according to the provisions of legislation in Indonesia. 3) Evaluate the admi nistrative responsibility through the supervision mechanism carried out on ad hoc judges, more specifically judges in human rights courts. This research method uses a normative juridical approach or an approach that examines the law as a rule, also called doctrinal legal research, because this research is conducted or aimed at written regulations.The results showed that the responsibility of ad hoc judges in deciding cases of gross violations of human rights should use the elements of the law of gross violations of human rights (HAM) but the fact that it is ruled out means that the judge's decision is considered unfair because it does not comply with existing legal standards, as well as the responsibility of judges in applying the evidentiary system in the legal process is weak. It was also found that the procedures for resolving gross violations of human rights have been implemented, but currently judges are institutionally independent and personally not so, therefore their decisions are certainly not fully independent, because they are influenced by many factors such as the influence of the head of the court or other issues from outside the judge. The internal supervision mechanism by the Supervisory Board of the Supreme Court of the Republic of Indonesia is still considered half-hearted because the quality and integrity of supervision is inadequate, as seen in the process of disciplinary examination of judges that is not transparent.