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All Journal International Journal of Environmental, Sustainability, and Social Science Journal of Tourism Economics and Policy
I Nyoman NURJAYA
Brawijaya University, Malang, Indonesia
Economics, Econometrics & Finance Environmental Science Public Health 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.
The Urgence Of The Control Mechanism Of Authority The Prosecutor General In Waiting The Case For Public Interest (Seponeering) Apriyanto NUSA; I Nyoman NURJAYA; Abdul MADJID; Bambang SUGIRI
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 2 (2022): International Journal of Environmental, Sustainability, and Social Science (Jul
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i2.294

Abstract

The urgency of the control mechanism over the Attorney General's authority in overriding cases in the public interest (seponeering) is a manifestation of obtaining protection of human rights for every citizen who is harmed by the issuance of seponeering by the Attorney General. Apart from these reasons, the importance of controlling the authority of the Attorney General is also to create the principles of justice and legal certainty. Legal practices that often occur in the judicial process show stagnation in realizing these three things, both the protection of human rights (HAM), justice and legal certainty. Whereas the spirit of forming the Criminal Procedure Code which was promulgated based on Law Number 8 of 1981 laid the basic foundation for the protection of human rights (HAM) as the main goal, which includes upholding justice and legal certainty. There is stagnation in the effort to control the seponeering issued by the Attorney General, because there are juridical limitations in the pretrial object institution as stated in the Elucidation of Article 77 of Law Number 8 of 1981 concerning the Criminal Procedure Code which states that: with "discontinuation of prosecution" does not include setting aside cases for the public interest which are the authority of the Attorney General.
Legal Policy Of Sustainable Tourism Development: Toward Community-Based Tourism In Indonesia I Nyoman NURJAYA
Journal of Tourism Economics and Policy Vol. 2 No. 3 (2023): Journal of Tourism Economics and Policy (December – March 2023)
Publisher : PT Keberlanjutan Strategis Indonesia

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Abstract

Tourism development is one leading and potential element of the national establishment that can be generated to realize the ideology of controlling and utilizing natural resources and cultural diversity of the State to increase the national economic growth. In facing the changes in global economic, social structure, and living environment, the national and international tourism development trend to become a global phenomenon and economic practices for obtaining income and revenue of the respective country. In this respect, the rights to tourism particularly the rights of the local community within the area of tourism destinations, have not attracted much attention in the academic world. Little attention, regulation and policy that enacted for such a legal issue in the country of Indonesia. It may be because this tourism right is intentionally not considered a fundamental right as well as other human beings and ecological rights. However, these rights are essential in establishing sustainable tourism in the country as a part of human rights in tourism development. The article attempts to outline the conceptual dimension of sustainable tourism development. It provides an overview international policy framework, as well as the existence of national legal instruments for which the tourism industry in the country can be employed to enhance the State's income and revenue for the most significant welfare and prosperity of the people as mandated by the 1945 Constitution.
Co-Authors Abdul MADJID Apriyanto Nusa Bambang SUGIRI Nurini Aprilianda Sudarsono SUDARSONO Suwitno Yutye Imran