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A. Widiada Gunakaya, A. Widiada
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Law, Crime, Criminology & Criminal Justice

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PEMBERANTASAN MAFIA PERADILAN DENGAN PEMBERDAYAAN “GAYA SENTRIFUGAL” DAN “SENTRIPETAL” UKUM DALAM PENEGAKAN SUPREMASI HUKUM (Suatu Kontemplasi Refleksif) Gunakaya, A. Widiada
Jurnal Wawasan Yuridika Vol 23, No 2 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (756.816 KB) | DOI: 10.25072/jwy.v23i2.11

Abstract

Judicial corruption in Indonesia is offenses beyond the reach of the law, Its growth is systemic, not just individual form of corruption, but also shaped, structural, institutional, and political corruption. Such crimes, it can disrupt and inhibit the development of law, hinder the achievement of objectives of the law, threatening the whole system of law, undermine the legal guidance and law enforcement officials, as well as damaging the quality of law enforcement in a fair and dignified. Mitigation efforts should integrate efforts and Penal nonpenal simultaneously. In the law enforcement policy, the instrumental anticorruption law should be empowered to implement the "centrifugal force" laws, and legal position imperatively must be centered and focused in the community, both as adresat legal arrangements and the rule of law. In order to streamline law enforcement, is necessary to reform anticorruption law, which is done by applying the "centripetal force" laws, and laws should be interpreted as a subsocial systems that influence and determine the legal establishment.Keywords: Judicial Corruption - "sentri fugal force of law" - "style petal sentri law"
KEDUDUKAN “LEX NE SCRIPTA” DALAM SISTEM HUKUM INDONESIA Gunakaya, A. Widiada
Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (723.048 KB) | DOI: 10.25072/jwy.v22i1.1

Abstract

The values of Pancasila in our country does not become an ideal principle in every activity of lives. It is not used as a main basis of national law even as the source of all sources of law. The implication is that; in the level of application there are always stagnancy and resistance in the implementation and law enforcement. This is because of there is no “lex scripta” as a norm of positive law which regulates and can become juridical principle to ensnare an unlawful act. Whereas, “lex scripta” norm of law is acknowledged as the norm of law in Indonesia which derives from values of Pancasila as “rechsidee”, “grundnorm”, both in Pancasila and 1945 Constitution, and also judicial authority which merely gives authority to law enforcement apparatus to investigate, sue, punish, and decide an unlawful acts. In the system of law in Indonesia, the position “lex ne scripta” is equal to “lex scripta”. The consequence of law is that; “lex ne scripta” can replace the position of “lex scripta” if in the norm of positive law does notregulate unlawful acts. Related to the compilation of national law system in Indonesia, “lex ne scripta” plays an important role in developing law, especially in the context of determination of legal substance, implementation and law enforcement, and also law behavior.Keywords: Pancasila ­ National Law System ­ Implementation and Law Enforcement
SOLUSI PROBLEMATIKA PENYIDIKAN DALAM KERANGKA EFEKTIVITAS SISTEM PERADILAN PIDANA DAN REKOMENDASI PEMBENTUKAN LEMBAGA “PENYIDIKAN LANJUTAN” DALAM PEMBAHARUAN KUHAP Gunakaya, A. Widiada
Jurnal Wawasan Yuridika Vol 24, No 1 (2011)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (627.473 KB) | DOI: 10.25072/jwy.v24i1.17

Abstract

Criminal Justice System is a method of crime prevention by means of the Criminal Code. The way it works by actualizing, concretizing, functionalizing, and operationalizing the provisions of the Criminal Law in a criminal justice mechanism. The goal is to solve crimes as quick as possible by completing criminal matters into submission. To achieve its objectives, the components must work together in a systemic justice in all phases of criminal justice. But at the level of investigation as a prejudice stage, found problems with noncompliance with the formal and substantive requirements of an investigation. Consequently action of "preaccusation", and such incidents often occur repeatedly. The access; there is accumulation of matter at the level of investigation. On the other hand, in the case of certain crimes, the problem of authority is also investigating a collision occurred between the Police Investigator with the Civil Servant. Some policyrelated legislative, even eliminate the authority of the Police as an investigator. Problem solving of legal problems over the required solution. First of yuridik investigation techniques while referring to the "legislated" environment, applying the principle of due process of law and not marginalize the living law. Second, in order to reform the Criminal Procedure Code recommended a procedural policy of "Institute of Advanced Investigation" to meet the speedy trial principle in the framework of effectiveness of Criminal Justice System.Keywords: Criminal Justice System – Investigation " Institute for Advanced Investigation".
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