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All Journal Jurnal Dinamika Hukum Rechtsidee Jurnal IUS (Kajian Hukum dan Keadilan) Unram Law Review Jurnal Ilmiah Penegakan Hukum Journal of Law Science Pena Justisia: Media Komunikasi dan Kajian Hukum SIGn Jurnal Hukum JURNAL USM LAW REVIEW RIO LAW JURNAL The International Journal of Politics and Sociology Research Reformasi Hukum SASI
Ishwara, Ade Sathya Sanathana
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

 1 
Istinbath Method in Strengthening Ultra Qui Judicial Principles in Judicial Decisions Imran, Suwitno Yutye; Apripari, Apripari; Ishwara, Ade Sathya Sanathana; Churniawan, Erifendi; Jaya, Aristama Mega; Nurikah, Nurikah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3319

Abstract

the method of Istinbath is necessary to support the principle of Ultra Qui Judicat, enabling judges to possess moral characteristics in considering not only knowledge and reason but also Islamic law when making legal decisions. Overall, the significance of the Istinbath method in supporting the principle of Ultra Qui Judicat is paramount, especially in addressing contemporary and empirical issues not governed by legislative regulations. The aim of this research are : explain the concept of Istinbath and Ultra Qui Judicat influence the judge's decisions and the application of the Istinbath method used to reinforce the principle of Ultra Qui Judicat to judicial decisions. The result shows that The method of Istinbath is closely related to the principle of Ultra Qui Judicat since both share the same objective of achieving justice. In practice, judges can use the method of Istinbath to interpret the law and apply the principle of Ultra Qui Judicat in criminal cases. The principle of Ultra Qui Judicat and the method of Istinbath are essential instruments for judges in the criminal justice system to achieve justice in decision-making
The Synergy of Customary Criminal Law and National Criminal Law: Orientation Towards Criminal Law Pluralism Kurniawan, Kukuh Dwi; Fajrin, Yaris Adhial; Ishwara, Ade Sathya Sanathana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3358

Abstract

The synergy between customary criminal law and national criminal law is an important orientation in criminal law reform. This can be seen from the substance of the New Criminal Code which emphasizes the importance of acknowledging the existence of customary criminal law so that aspects of legal pluralism are implemented. This study aims to analyze aspects of the notion of pluralism of criminal law in Indonesia as well as to describe the new orientation of Indonesian criminal law which emphasizes the synergy between customary criminal law and national criminal law. This research is a juridical-normative legal research using a conceptual and statutory approach. The results of the study confirm that the development of the idea of legal pluralism in Indonesia has implicitly been going on for a long time and has even been discussed in a limited way at the BPUPK-PPKI session. After the ratification of the New Criminal Code, the idea of criminal law pluralism has increasingly come to the fore by providing recognition of customary criminal law which emphasizes that after the passage of the New Criminal Code there has been a change in the orientation of legal pluralism which leads to aspects of public law, namely criminal law pluralism. orientation and synergy between national criminal law and customary criminal law based on legal pluralism also requires synergy and precise division of tasks between national law enforcement officials and customary law enforcement officials
THE PERSPECTIVE OF DIGNIFIED JUSTICE AND HUMAN RIGHTS IN BUSINESS LAW AGREEMENTS: TOWARDS ETHICAL AND FAIR CONTRACTS Khuan, Hendri; Ishwara, Ade Sathya Sanathana; Paminto, Saptaning Ruju
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5637

Abstract

The application of the principles of dignified justice and Human Rights (HAM) in business contract law in Indonesia has a very important role in creating economic growth that brings prosperity to all parties. Dignified justice must be carried out by the parties to the agreement so that the objectives of the agreed agreement can be achieved properly. The increasingly complex business contracts often reveal an imbalance in the fulfillment of rights between the parties involved. This situation can result in violations of the principles of justice and human rights, especially for parties whose position is weaker in an agreement, resulting in quite a few business disputes resulting from business agreements that have been made. Therefore, business law has a very important role in safeguarding and protecting the interests of the parties in business agreements. This journal aims to explain the importance of the principle of dignified justice in creating balance between the parties to an agreement, explain the role of human rights as a basis for protecting the fundamental rights of the parties to an agreement, and to identify challenges in implementing the principles of dignified justice and human rights in improving the quality of business agreements in Indonesia
Co-Authors Angraeni, Novita Apripari, Apripari Asep Suryadi Bintara Sura Priambada Churniawan, Erifendi Cut Fadhlan Akhyar Disantara, Fradhana Putra Fajrin, Yaris Adhial Firmansyah, Jaka Gaol, Selamat Lumban Hadi, Adwi Mulyana Hulwanullah, Hikam Irwan Irwan Jaya, Aristama Mega Khuan, Hendri Kurniawan, Kukuh Dwi Masrur, Toha Nurikah, Nurikah Putra, Rengga Kusuma Rina Khairani Pancaningrum, Rina Khairani Rodliyah Rodliyah, Rodliyah Saptaning Ruju Paminto Saragih, Geofani Milthree Suwitno Yutye Imran Thuong, Mac Thi Hoai Yenny Febrianty