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All Journal Jurisprudence Sriwijaya Law Review Hang Tuah Law Journal Law & Pass : International Journal of Law, Public Administration and Social Studies
Soehartono .
Faculty Of Law Universitas Sebelas Maret
Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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KEBIJAKAN PENDIDIKAN DI TINJAU DARI SEGI HUKUM KEBIJAKAN PUBLIK Tri Puji Hastuti; Soehartono Soehartono
Jurnal Jurisprudence Vol 8, No 1 (2018): Vol 8, No 1, 2018
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v8i1.6293

Abstract

Nation education system is a system which integraded from all unit and education activities which related each other to reach national education purpose. Because of Indonesia education renewal demand, education wisdom has been through many changes. In this matter, education wisdom is viewed from public wisdom which is made by country, executive, legislative, judicative.Making decision about national education system is related with public wisdom. Public wisdom is new science because historically it appears in the midlle 1960 as a discipline in public administration and politic.The important matter which become attention is education wisdom that park from public wisdom. Research which is done by researcher is diagnostic research. This research uses doctrinal (normative) method and has purposeto know the base of public wisdom in education and analyze public wisdom in education
The Establishing Paradigm of Dominus Litis Principle in Indonesian Administrative Justice Soehartono Soehartono; Kukuh Tejomurti; Arsyad Aldyan; Rachma Indriyani
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.877.pp42-55

Abstract

This study aimed to analyse a shifting paradigm of Dominus Litis (judge activeness) in the Indonesian state administrative justice. This principle emphasises that judges expand the paradigm that judges are not limited to being used in processes regulated in law. However, judges need to actively develop the paradigm to make legal discoveries oriented towards substantive justice and expand the paradigm from merely resolving disputes positivistically to resolving conflicts with paradigms. Legal realism and sociological jurisprudence to create substantive justice. This paper uses the normative research method, with a statutory approach and case approach by analysing two decisions of state administrative court judges. The result showed that Dominus Litis in the dispute's accomplishment is not limited to the implementation of juridical-legal positivism factors, but on how judges use their mindset to provide ideal decisions and conduct legal reasoning use socio-legal and socio-cultural paradigms. The development of demands for justice has also experienced a paradigm shift of justice. It requires the principle of an active judge who always follows developments in public policy, such as the principle of sustainable development related to environmental and natural resource issues, and finding the legal material truth.
and, the, to, of Arbitration and Alternative Dispute Resolution Outside the Court According to Law Number 14 of 2001 On Patent Seno Wibowo Gumbira; Adi Sulistiyono; Soehartono Soehartono
Hang Tuah Law Journal VOLUME 4 ISSUE 2, OCTOBER 2020
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v4i2.20

Abstract

This article examines the services of arbitration institutions and Alternative Dispute Resolution in resolving disputes concerning deficiencies in the dispute resolution process held in courts. Due to the lack of the litigation process, concerns on legal certainty or sense of justice may not be achieved are raised among the disputing parties, thus dispute resolution held outside the court emerges, in particular within the Patent Law prescribes in Article 124, refers to Arbitration and Alternative Dispute Resolution. Arbitration denotes a different nature with ADR due to its adjudicative nature which tends to generate win-lose decisions, while ADR has consensus or cooperative nature which prefers to dispose win-win solution decisions. Other forms of ADR are Consultation, Mini-trial, Summary Jury Trial, settlement with organizations, etc. Arbitration and ADR enable a renewal in the settlement of Patent disputes as expected by the public, the deficiency of ADR prescribes in Article 124 of the Patent Law has explicitly stipulated ADR, however the elucidation mentions that ADR comprises negotiation, mediation, conciliation, and other forms in conformity with the laws and regulations.
The Urgency of Implementing Non-Conviction Based Asset Forfeiture in Recovery of State Losses Due to Corruption Itok Dwi Kurniawan; Soehartono Soehartono; Vincentius Patria Setyawan; Jose Gama Santos
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i2.8

Abstract

Follow the asset is the right approach to use in eradicating corruption in this era. The trend of low verdicts for corruptors and the suboptimal recovery of assets resulting from corruption are reasons to prioritize confiscation of assets rather than criminalizing corruptors. The aim of this research is to analyze the importance of implementing Non-Conviction Based Asset Forfeiture in corruption regulations in Indonesia. The method used in writing this article is a normative legal research method with a conceptual approach. The results of this research are that the use of NCB can optimize the recovery of assets resulting from corruption because it does not depend on a complicated criminal case examination process. The defendant's fault is not a criterion for confiscating assets, but proving that the assets are illegal is the basis for confiscating assets.
Co-Authors Adi Sulistiyono Arsyad Aldyan Bambang Santoso Bambang Santoso Itok Dwi Kurniawan Jose Gama Santos Kukuh Tejomurti Muhammad Rustamaji Muhammad Rustamaji Rachma Indriyani Seno Wibowo Gumbira Tri Puji Hastuti Vincentius Patria Setyawan