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All Journal Indonesian Journal of Multidisciplinary Science International Asia Of Law and Money Laundering (IAML) JURNAL RETENTUM Jurnal Greenation Sosial dan Politik
Yudhistira, Dhieno
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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Implementation of an Alternative Dispute Resolution for the Banjar Indigenous Community on Credit Agreements in South Kalimantan Yudhistira, Dhieno; Fajarina, Mentari
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i2.91

Abstract

Implementation of ADR dispute resolution for Banjar Indigenous Peoples regarding Credit Agreements in South Kalimantan, the resolution of a dispute is basically always resolved through public courts, whether civil lawsuits or simple lawsuits, in every credit agreement entered into by Banjar Indigenous Peoples in Kalimantan. South, for this reason a new legal problem arises if the legal settlement is taken through the Alternative Dispute Resolution (ADR) route. First: how to execute the credit agreement if using the Alternative Dispute Resolution (ADR) route. Second: how to process the agreement dispute resolution. This credit can be resolved through mediation or arbitration outside of court, especially in South Kalimantan. The method used is a type of normative legal research that is prescriptive in nature. Then regarding the research approach, the author uses a conceptual approach and a statutory approach. The legal material collection technique used is the document study or literature study technique. This research uses the syllogism deduction analysis technique which stems from the submission of a major premise and a minor premise. The major premise is the conclusion of a legal rule, while the minor premise is a legal fact that can be found. Then from these two premises a conclusion or conclusion can be drawn. The results of the research and discussion are that the implementation of Alternative Dispute Resolution in South Kalimantan cannot be separated from article 130 HIR/154 Rbg which provides the legal basis for the existence of mediation institutions in court, but apart from that ADR can also be carried out outside the court with the agreement of the parties to the dispute through preventive and repressive channels by means of prevention through the stages of prudence, supervision and through the stages of mediation, conciliation and arbitration at institutions that have been accredited by the Supreme Court in the form of replacing the dispute resolution clause in the agreement through the courts into the form of dispute resolution through the Alternative Dispute Resolution route with mediation and arbitration methods. A legal bond or relationship between the debtor (debt) and the creditor (debt giver) which regulates the rights and obligations of both parties in South Kalimantan Province. This agreement is usually accompanied by a "guarantee guarantee" (individual) agreement. As in a credit agreement, there is always collateral before making credit.
Penguatan Kewenangan Advokat Dalam Penegakan Hukum Berdasarkan Undang-Undang Nomor 18 Tahun 2003 Herman, KMS; Yudhistira, Dhieno; Maksum, Umar; Azis, Miftakul
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5387

Abstract

This study aims to analyze the role of advocates in the Indonesian criminal justice system, with a focus on the challenges faced by advocates in carrying out their profession, as well as strategies for strengthening authority that can increase the effectiveness of the role of advocates in ensuring the achievement of justice. This study uses a normative legal approach with the method of analyzing statutory regulations and literature studies to examine the regulations governing the advocate profession, especially in relation to the rights of suspects, defendants, and victims in the criminal justice process. The results of the study indicate that advocates face various obstacles, including limited access to clients and evidence, pressure or intimidation from certain parties, and gaps in the quality of legal education. To overcome these challenges, policy reforms are needed that support increased access for advocates to clients and evidence, as well as legal protection for advocates from threats or intimidation. Optimizing the role of advocates in supporting a fair justice system can be achieved through effective legal assistance to perpetrators and victims, as well as strengthening advocate competence through continuing legal education and more integrated justice strategies.
Dynamics of Legal Politics and Power Contestation after Constitutional Court Decision Number 60/PUU-XXII/2024 Concerning the Wholesale Party System in the 2024 Simultaneous Regional Elections Yudhistira, Dhieno; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.358

Abstract

Constitutional Court Decision Number 60/PUU-XXII/2024 has become a critical turning point in the Indonesian legal political landscape, especially regarding the political party system in the implementation of the 2024 Simultaneous Regional Elections. This decision cancels the practice of "wholesale parties" which allows political parties to lend candidacy tickets without substantive involvement in the political process, which has been considered to reduce the quality of democracy and local political accountability. The study analyzes the dynamics of legal politics that emerged after the decision, including the responses of political parties, and election organizers, and their impact on the map of power contestation in the regions. Through a juridical-political approach, this study explores how the Constitutional Court's decision affects the configuration of regional election law, opens up opportunities for party system reform, and at the same time, gives rise to resistance from political actors who have benefited from the practice of wholesale parties. The research results reveal that this decision is not only a correction to legal norms but also an intervention against the oligarchic structure in local democracy. However, the implementation and supervision of the effects of the decision still face challenges, especially in enforcing regulations and the consistency of their derivative regulations. Thus, the dynamics of post-decision legal politics show the tug-of-war between the interests of democratic reform and the power of the status quo in the local political system.
Dynamics of legal politics after Constitutional Court Decision Number 60/PUU-XXII/2024 Regarding the Party Wholesale System in the 2024 Regional Head Elections Yudhistira, Dhieno; Nurdin, Boy
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 3 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i3.1039

Abstract

The Constitutional Court has made a decision on regional head nominations in the Pilkada, which is an integral part of the broader general election system in Indonesia. This study analyzes the legal, political, and social implications of the decision and explores the paradigm shift in nomination, the impact on political party structures, and public reactions to these changes to create a more inclusive and participatory political climate. The study used a qualitative approach, employing a combination of legal analysis and a conceptual approach, focusing on the development and understanding of relevant legal concepts, such as democracy, political participation, and the nomination system. The results of the study suggest that lowering the nomination threshold could strengthen democracy in Indonesia by offering more opportunities for small parties and independent candidates, thereby creating an inclusive and representative election system that reflects diverse public aspirations. Moreover, the study could examine the long-term implications of these electoral reforms on political and social stability, analyzing how increased representation influences public trust in the political system.
Co-Authors Azis, Miftakul Boy Nurdin Faisal Santiago, Faisal Fajarina, Mentari Herman, KMS Maksum, Umar