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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Justice Voice
Prawesti, Wahyu
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Humanities Law, Crime, Criminology & Criminal Justice

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Law Enforcement of Single Traffic Accidents Causing Death and Injury of Passengers Zapetri, Novita; Amiq, Bachrul; Prawesti, Wahyu
Justice Voice Vol. 2 No. 1 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i1.720

Abstract

The high number of accidents in Indonesia is one of the impacts of the lack of awareness of road users and road transportation providers in maintaining traffic order and road transportation security. Services that are safe, secure, orderly, smooth, and integrated with other modes of transportation can boost the national economy, advance public welfare, strengthen national unity, and be able to uphold the dignity of the nation. This study aims to analyze law enforcement by police officers in single traffic accidents that cause passengers to die and the responsibilities of drivers and the Otobus Company (PO) to victims. The method uses normative legal research with a statutory approach and the concept of law enforcement. The research shows that the maximum punishment imposed on the perpetrators of traffic crimes normatively can be explained by the relatively low maximum punishment ranging from one year to five years and until now the legal basis for capturing the perpetrators of traffic crimes still depends on the Criminal Code inherited from the Dutch Colonial Government. Law enforcement by police officers with the investigation and investigation of criminal cases in the case of a single accident experienced by the suspect on the toll road ensnares the Road Traffic and Transportation Law (LLAJ Law). Drivers and POs are responsible for victims by providing compensation to accident victims following the LLAJ Law by not removing or reducing criminal liability.
ANALISIS YURIDIS TENTANG GUGATAN TIDAK DAPAT DIEKSEKUSI (NON-EXECUTABLE) DALAM PUTUSAN NOMOR : 23/Pdt.GS/2023/PN Idm Jaya, Mardi; Prawesti, Wahyu; Ayuningtiyas, Fitri; Damayanti, Sri Sukmana
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.728

Abstract

Court decisions in civil cases should provide legal certainty and restoration of rights for the winning party. However, in practice, decisions that cannot be enforced (non-executable) are often found, resulting in substantive justice failing to be realised. This phenomenon raises serious questions about the effectiveness of the judicial system, particularly in the context of dispute resolution through simple lawsuit mechanisms. This study stems from the urgency to examine the problem of unenforceable judgments, focusing on Judgment Number 23/Pdt.GS/2023/PN.Idm, in which, although the breach of contract lawsuit was granted, the verdict was not condemnatory, so enforcement could not be carried out. The main objective of this study is to analyse the legal provisions regarding unenforceable lawsuits and assess the extent to which the decision provides legal protection for the plaintiff. The research questions focus on two things, namely how the law regulates non-executable decisions and whether Decision Number 23/Pdt.GS/2023/PN.Idm has fulfilled the principle of legal protection. The research method used a normative legal approach with a case law approach. The primary legal materials were laws and regulations and court decisions, while the secondary legal materials included legal literature and expert opinions. Data was collected through literature study and analysed qualitatively with an emphasis on legal interpretation and systematic logic. The results of the study show that non-executable decisions are generally caused by weaknesses in declarative decisions, ambiguity in the subject matter of the dispute, or the subject matter being tied to a third party. The Indramayu case confirms the gap between formal legality and substantive justice. The conclusion of the study emphasises the need for clear and operational formulation of verdicts, evaluation of simple lawsuit regulations, and an increased role for judges and advocates in ensuring the effectiveness of legal protection. Further research is recommended to examine similar cases across regions to identify national patterns
UPAYA PENANGANAN SENGKETA KEPEMILIKAN SERTIFIKAT GANDA OLEH BPN DI KABUPATEN GRESIK Sucipto, Rizky Awaludin Bagus; Prawesti, Wahyu
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.810

Abstract

Duplicate land certificates pose a significant challenge to Indonesia’s agrarian system, as they generate legal uncertainty and undermine land ownership rights. This issue reflects weaknesses in land administration and the lack of data integration within the National Land Agency (BPN). This study investigates the dispute resolution mechanisms applied by the Gresik Regency Land Office and evaluates the legal protection afforded to legitimate certificate holders. Employing an empirical legal method with a descriptive-qualitative approach, data were collected through interviews, observations, and documentation. The findings reveal that although BPN Gresik implements administrative procedures in line with Government Regulation No. 24 of 1997 on Land Registration, shortcomings persist, particularly in the verification process and information system integration. Moreover, legal protection for holders of original certificates remains suboptimal due to limited restitution mechanisms and inconsistent regulatory enforcement. The study highlights the urgency of digital-based land administration reform, along with the need for greater transparency, accountability, and the development of fair and efficient non-litigation dispute resolution mechanisms
Co-Authors Ayuningtiyas, Fitri Bachrul Amiq Damayanti, Sri Sukmana Jaya, Mardi Sucipto, Rizky Awaludin Bagus Zapetri, Novita