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Journal : Musamus Law Review

The Existence Legal Certainty of the Truth and Reconciliation Commission in Indonesia Safrin Salam; Rizki Mustika Suhartono
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.2849

Abstract

Indonesia is a country that has a history of gross human rights violations. However, the case has not been resolved. In addition to settlement through the court, a reconciliation pattern is highly recommended in the settlement of the case in question. But the rules on reconciliation have been canceled by the Constitutional Court. The results of the study concluded that the Settlement of cases of gross human rights violations was resolved with a pattern of reconciliation with the establishment of an independent institution (KKR). Besides that, the pattern of reconciliation can also be done in a family way. Reconciliation arrangements exist in several regions in Indonesia, namely Papua, Aceh and Palu Reconciliation patterns that exist in these rules vary, there are those who use the TRC pattern there are also those who use family reconciliation patterns.
Implementation of State Administrative Court Decisions: Conception, and Barriers Imron Rizki A; Rizki Mustika Suhartono; Safrin Salam
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3449

Abstract

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.
The Existence Legal Certainty of the Truth and Reconciliation Commission in Indonesia Safrin Salam; Rizki Mustika Suhartono
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.2849

Abstract

Indonesia is a country that has a history of gross human rights violations. However, the case has not been resolved. In addition to settlement through the court, a reconciliation pattern is highly recommended in the settlement of the case in question. But the rules on reconciliation have been canceled by the Constitutional Court. The results of the study concluded that the Settlement of cases of gross human rights violations was resolved with a pattern of reconciliation with the establishment of an independent institution (KKR). Besides that, the pattern of reconciliation can also be done in a family way. Reconciliation arrangements exist in several regions in Indonesia, namely Papua, Aceh and Palu Reconciliation patterns that exist in these rules vary, there are those who use the TRC pattern there are also those who use family reconciliation patterns.
Implementation of State Administrative Court Decisions: Conception, and Barriers Imron Rizki A; Rizki Mustika Suhartono; Safrin Salam
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3449

Abstract

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.
Criminal Asset Forfeiture In The Sense Of Extraordinary Confiscation Hadi Supriyanto; Safrin Salam; Waode Novita Ayu Muthmainna; Hasni Hasni; Supardi Supardi
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i2.5425

Abstract

The meaning of confiscation in principle explains that the proceeds of crime must be confiscated, this aims to prevent the convict from being able to utilize or benefit from the criminal acts he committed. Conceptually, confiscation is a State action that is carried out carefully and procedurally. This means that forfeiture requires a strict legal evidentiary instrument first because without it there could be abused of power in its implementation. In Indonesia, the meaning of confiscation is the efforts of law enforcement officials in their interests to prove cases and / or investigations (Article 1 point 16 of the Criminal Procedure Code), with this understanding, the intended confiscation is limitative. The procedure for confiscation is regulated in articles 128, 129 and 130 of the Criminal Procedure Code or the same points as ordinary confiscation. The goal of criminalizing behaviour that generates huge profits illegally is not enough just to punish physically, even if caught and punished, it is possible that these criminals can enjoy their illegal profits. For this reason, a set of administrative rules is needed that can be used as a foothold for deprivation in the face of criminalization.
Co-Authors A. ST Kumala Ilyas Abadina, Waode Abdul Rahim Adfiyanti Fadjar Adnan, La Ode Agus Slamet Al Faruq, Muhammad Rajih Albert Pede Amrullah, Muhammad Salam Andara, Darojatun Andi, Samsir Andy Arya Maulana Wijaya Aswan Aswan Azhar, Eko Azis, Imron Rizki Bahmid Chatimah, Nurul Ambiyaa Cynthia C. Izu Darmawan Wiridin Dewi, Rasmala Dita Wulandari, Mya Eko Satria Endri Yenti Failu, Ismail Fauzi Ahmad Muda Firdaus, Arif Ananda Gurusi, La Hadi Supriyanto Handar Subhandi Bakhtiar Haritsa Haritsa Hasni Hasni Hassan, Abidemi Helmi Yusnita Hendrik Ruben Gelong Hezradian, Rahma Fathan Hezraria, Rahmi Fathan Hijrah Lahaling Ibrahim, Kayode Muhammad Ibrahim, Kayode Muhammed Imron Rizki A Imron Rizki A Imron Rizki A Iskandar Salju Izu, Cynthia C. Kahar, Amrun Karim, La Ode Muhammad Kaswandi, Kaswandi Kayode Muhammed Ibrahim Kindom Makkulawuzar, Kindom Kingdom Makkulawuzar Komuna, Avelyn Pingkan Kunthi Tridewiyanti LA DEE, MUSTAKIM La Gurusi La Gurusi La Ode Muhammad Karim La Ode Muhammad Karim Lasori, Siti Alfisyahrin Lisma Lisma, Lisma Mahmuda, Dewi Mahrita Aprilya Lakburlawal, Mahrita Aprilya Mansyah, Muh Sutri Marlina, Andi mashendra, Mashendra Matuankotta, Jenny K. Muh Sutri Mansyah Muhammad Karim, La Ode Mustakim La Dee Narti Narti, Narti Noviyanti Malaha Nurcahyo, Edy Nurul Miqat Oluwaseyi, Fatunsin Pahlawan MP, H. Muhamad Rezky Pajaru Lombu Radjawane, Pieter Rahmawati Rambu Hada Indah Rambu Susanti Mila Maramba Rasmala Dewi Rizki Mustika Suhartono Rizki Mustika Suhartono Rizki Mustika Suhartono Ruliah Ruliah Saharuddin Saharuddin Salam, Shinta Nurhidayati Salnaf Ituga, Rauf Akbar Sanjaya, I Made Gunawan Sari, Rizki Mustika Satriadi, Satriadi Serah, Yayan Siti Alfisyahri Lasori Siti Alifsyahrin Lasori Siti Nur Anisa Sri Mayanti Sri Warjiyati Sri Wijayanti Suhartono, Rizki Mustika Supardi Supardi Supriyanto Syahrul Taheriah, Nuragifah Tonny, Fajrin Umar Umar Faruq Wa Ode Zamrud Wally, Aswar Aswendi Waode Novita Ayu Muthmainna Wirawan, A. Rachmat Yunus, Yudin Yusnita, Helmi Yusran Yusran Zeti Nofita Sari