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All Journal Jurnal Legalitas Jambura Law Review Dialogia Iuridica Journal of Law and Policy Transformation Collegium Studiosum Journal Arus Jurnal Sosial dan Humaniora DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Estudiante Law Journal Indonesian Journal of Community Empowerment Jurnal Pengabdian Masyarakat Adagium: Jurnal Ilmiah Hukum Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial

Irlan Puluhulawa

Faculty Of Law, Universitas Negeri Gorontalo

Author-ID : 7575165

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Title

Demanding Progressive Judges' Decisions for Fulfillment of Justice for Disputing Parties Wantu, Fence M; Puluhulawa, Irlan
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Basically, judges are the main actors organizing judicial power and at the same time as guardians of justice for litigants. Judge decisions that reflect law and justice simultaneously are not easy to realize. The objectives of this study are 1). To find out and analyze the development of progressive legal teachings through judges' decisions in court. 2). To find out and analyze the teachings of progressive law through judges' decisions and their influence on justice. The research method used is normative. The approaches taken are as follows: a). statute approach. b). Conceptual approach. c). Case approach. The sources of legal materials used consist of primary legal materials, secondary legal materials and tertiary legal materials. While the analysis used in this research is descriptive technique and comparative technique. The conclusions of this research are 1). The development of progressive legal teachings through judges' decisions in court is a must and cannot be negotiated anymore. 2). That the teachings of progressive law through judges' decisions and their influence on justice to answer the demands of the times today that judges' decisions are no longer only identical to the written legal rules contained in the law as taught by positivism, but judges' decisions are as much as possible able to provide welfare for the parties to the dispute and justice seekers and society in general.

Granting Clemency To Narcotics Convicts: Overview From The Political Perspective Of Indonesian Criminal Law Puluhulawa, Irlan
JURNAL LEGALITAS Vol. 14, No. 2 (2021)
Publisher : Universitas Negeri Gorontalo

This research aims to examine the granting of clemency by the president to convicts of narcotics cases in the perspective of legal politics. In Law No. 22 of 2002 concerning Clemency, it does not specifically explain the category of crimes that can or cannot be granted clemency. Also, the Clemency Law does not specify the reasons that can be used by the applicant. There are two main problems in this study, namely (1) What is the mechanism for granting clemency to narcotics convicts? and (2) How is the legal politics of granting clemency by the president to convicts of narcotics cases in the future? This study uses a normative research method with a statutory approach, an analytical and legal conceptual approach, and a case approach. Based on this research, it can be concluded that the mechanism for granting clemency to narcotics convicts based on Law No. 22 of 2002 concerning clemency is the same as the mechanism for granting clemency in general or there is no special classification for certain crimes. Then the researcher recommends to revise the clemency law by adding the classification of extraordinary crimes in this case drugs as an exception from granting clemency. Then the consideration of the Supreme Court must take precedence in the clemency application process before appealing to the president.

Co-Authors Abdul Hamid Tome Apripari, Apripari Badu, Linawaty Wadju Dewi Nuramanah Matte Dian Ekawaty Ismail Dungga, Weny A Fence M Wantu Isa, Mohamad Rizky Janwar Hippy Jufryanto Puluhulawa Julisa Aprilia Kaluku Kai, Muh. Iksan Putra Kaku, Rismanto Mamu, Karlin Muhamad Rusdiyanto Puluhuluwa Nirwan Junus Nur Azmi Kurnia Amili Nurhaliza B., Siti Nurul Fazri Elfikri Pakaya, Juwana Puluhulawa, Moh. Rusdiyanto U Putri H. Yassin Sofyan Piyo Supriyadi A Arief Usman, Ramadhan Vifi Swarianata Zamroni Abdussamad

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Journal : Jurnal Legalitas