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All Journal The Digest: Journal of Jurisprudence and Legisprudence Indonesian Journal of Advocacy and Legal Services
Gerry, Michael
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Law, Crime, Criminology & Criminal Justice

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Good Governance Implementation by PERMA 1/2019 in Letter Evidence Submission Regulation For E-Litigation Cases Gerry, Michael; Rizkiana, Rina Elsa
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.68121

Abstract

The judiciary, responding to societal demands for sound governance, aligns itself with the 2010–2035 Judicial Reform Blueprint, emphasizing the use of information technology for restructuring. E-Litigation emerges as a significant outcome of Indonesia's judicial reforms, supported by SK KMA RI Number 129/KMA/SK/VIII/2019 and PERMA 1 of 2019 as the legal basis. The implementation of e-Litigation is expected to adhere to the principles of good governance outlined in legal philosophy, particularly concerning the legitimacy of evidence in civil cases during e-Litigation. However, the legislative document, specifically PERMA 1/2019, lacks explicit technological guidelines, posing a challenge to the effective implementation of good governance. This research aims to scrutinize the concept of good governance, the legal foundation for e-Litigation, and the application of responsive, effective, and efficient principles in controlling the admissibility of documentary evidence in e-Litigation within civil cases. Utilizing a statutory method, the study employs a normative approach to law. The findings indicate that the current legal framework for the admissibility of evidence in civil e-Litigation cases hinders the fulfillment of responsive, effective, and efficient e-Litigation principles. Consequently, a modification to the legal framework governing the admissibility of evidence in civil e-Litigation is warranted to align with the principles of good governance.
Enforcement of Criminal Sanctions of Health Quarantine Law Trespasser in Indonesia Rizkiana, Rina Elsa; Gerry, Michael
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.23276

Abstract

WHO stated there was an additional variants of the Corona virus that were more easily transmitted and resistant to vaccines. The Indonesian government required to prevent the entry of these variants into Indonesian territory. This prevention realized by implementing a quarantine policy which guided by Law Number 6 of 2018 on Health Quarantine. However, there is a gap between the number of violations and the low rate of case resolution. One of the causes is people's non-compliance with quarantine provisions after traveling abroad. This contradicted by the purpose of the Health Quarantine Act. This study aims to describe the legality and legal construction of the Health Quarantine Act formulation. This research was a normative juridical by using a statute approach and a conceptual approach. The results of the study indicate that violations of the Health Quarantine Act can be punish in order to provide certainty and law enforcement based on the ultimum remedium principle if they meet the provisions of the Health Quarantine Act. Thus, evaluation of legal content related to juridical consequences, and socialization as a persuasive effort and communication strategy need to be carried out so that transparency of legal consequences can be accepted and obeyed by the community.
Co-Authors Rizkiana, Rina Elsa