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All Journal International Journal of Environmental, Sustainability, and Social Science
Sudarsono SUDARSONO
Brawijaya University, Malang, Indonesia
Economics, Econometrics & Finance Environmental Science Social Sciences

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The Meaning Of Ultra Qui Judicat Principle And The Validity Of The Verdict In Criminal Cases Suwitno Y IMRAN; Sudarsono SUDARSONO; I Nyoman NURJAYA; Nurini APRILIANDA
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 3 (2022): International Journal of Environmental, Sustainability, and Social Science (Nov
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i3.265

Abstract

The prohibition for judges to not sentence the defendant if the act is not described carefully, clearly and completely in the indictment of the public prosecutor, it turns out that in practice in court, there are judges who deviate from the article charged by the public prosecutor. The judge's action is called the ultra qui judicat principle, that is deviating from what was charged. The main problem in this paper is about the meaning of the Ultra Qui Judicat Principle and the Validity of Decisions in Criminal Cases. The main problems will be analyzed using normative legal research methods using a case approach and data sources from laws and regulations. The results show that the Ultra Qui Judicat Principle is an act of a judge deciding a case by placing justice as the goal of being able to deviate from the indictment of the public prosecutor based on the facts of the trial. This principle then has a specificity in the form of this principle being devoted to judges in deciding criminal cases, the use of this principle emphasizes the justice of judges in deciding criminal cases, and the scope of this principle is found in the facts of the trial. Furthermore, in exploring the meaning or value of the Ultra Qui Judicat principle, it is done by analyzing a judge's verdict, approach to legal expert opinion, and reviewing the legislation.
Analysis Of The Pattern Of Education For Persons With Disabilities In Law Number 20 Of 2003 Concerning The National Education System Zamrony ABDUSSAMAD; Sudarsono SUDARSONO; Imam KOESWAHYONO; Istislam ISTISLAM
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 3 (2022): International Journal of Environmental, Sustainability, and Social Science (Nov
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i3.332

Abstract

Inclusive education has many different meanings and interpretations. There is still some uncertainty about the difference between inclusive and special education for individuals with disabilities, sometimes known as special schools (SLB). Meanwhile, the term inclusive education is not known in the National Education System Law, which uses the term "special education and special services," which is explained in Article 32 of Law No. 20 of 2003 concerning the National Education System: (i) Special education is education for students who have difficulty levels. Participating in the learning process due to physical, emotional, mental, social, intellectual potential and special talents. (ii) Special service education is education for students in remote or underdeveloped areas, remote indigenous peoples, and experiencing natural disasters, social disasters, and economically disadvantaged. This research's problem approaches are conceptual, statutory, and case approaches. Based on this, we found that the ambiguity of norms affects the pattern of providing education for persons with disabilities, namely the dualism of providing education for persons with disabilities with a special and inclusive approach which has an impact on legal uncertainty in norms, concepts and implementation.
Co-Authors I Nyoman NURJAYA Imam KOESWAHYONO Istislam ISTISLAM Nurini Aprilianda Suwitno Yutye Imran Zamrony ABDUSSAMAD