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Kirana, Gandes Candra
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Law, Crime, Criminology & Criminal Justice

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THE NON-EXECUTABLE CIVIL DECISION: WILL THEY GET LEGAL CERTAINTY? Adiasih, Ning; Kirana, Gandes Candra; Rustamovich, Ehsonov Jasurbek
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.40154

Abstract

The aims of this research is to analyze the basis for judges' considerations in issuing non-executory civil case decisions and to analyze the legal consequences that arise after the civil case decision is declared unexecutable. This legal research is a type of normative or doctrinal research that is descriptive analytical in nature. The results of this study are that non-executory reasons are not directly regulated in the HIR/Rbg, these reasons are regulated in Book II, Edition 2013: Technical Guidelines for Administrative Courts and Technical Courts for General and Special Civil Courts. The legal consequences of civil case decisions that are declared unexecutable by the Court judge because the execution must be stopped on the grounds of error in objecto. The novelty in this writing is that a decision that contains an error in the object that causes the decision to lose its enforceable power, then based on Article 231 RBg, the judge must order the execution seizure of the land on which the execution order is placed to be revoked and then its status returned to its original state.
STUDI KOMPARASI PENYELESAIAN SENGKETA PERCERAIAN MELALUI PENGADILAN DI INDONESIA DENGAN BRITANIA RAYA (INGGRIS DAN WALES): Comparative Study Of Divorce Settlement Through The Courts In Indonesia With The United Kingdom Of Britain (England And Wales) Hasibuan, Winda Fitriani; Kirana, Gandes Candra
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/qtpfqh50

Abstract

Every marriage does not rule out the possibility of divorce, so divorce is not a new thing to be found in society. However, each region of the country has different laws for finalizing divorce, such as Indonesia and the UK. This research aims to describe the settlement of divorce according to the Indonesian legal system with the UK along with the advantages and disadvantages of the divorce settlement. This research was conducted normatively based on secondary data, and data analysis is done descriptively and conclusions were drawn using deductive methods. Based on the research conducted, what regulates the divorce process in Indonesia is carried out in accordance with the provisions of civil law that apply in public courts, namely HIR, RBg, Rv, the Marriage Law, and the Law on Religious Courts. Meanwhile, the divorce settlement process in the UK is carried out in accordance with The Family Procedure (Amendment) Rules Number 44 of 2022 and for Muslim couples it is regulated in The Muslim Law (Shariah) Council UK. England and Wales have not made peace and evidentiary efforts in examining and adjudicating divorce cases as Indonesia has done so far. So that this is a weakness of divorce settlements in the UK and advantages for divorce settlements in Indonesia.
PERBANDINGAN MEDIASI DALAM HUKUM ACARA PERDATA INDONESIA DENGAN SINGAPURA: Comparison of Mediation in Indonesia and Singapore Civil Procedure Law Farhan, Kiagus Muhammad; Kirana, Gandes Candra
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/0e4ekg93

Abstract

The existence of interactions between individuals makes it possible for disputes to occur, therefore civil procedural law is needed to handle them, and one way to resolve disputes is through mediation. Indonesia and Singapore themselves have mediation regulations in civil procedural law. The problems discussed in this article are the similarities and differences between mediation in the civil procedural law of Indonesia and Singapore and the advantages and disadvantages of mediation in the civil procedural law of Indonesia and Singapore. Normative research type, the nature of the research is descriptive, secondary data using library research, qualitative data analysis, and deductive methods of drawing conclusions. From the results of the discussion, it is known that both Indonesia and Singapore have similarities and differences in implementing mediation and also that both countries have advantages and disadvantages in implementing mediation in their respective countries. The similarities and differences as well as the advantages and disadvantages can be used as a reference for each country in evaluating and innovating the implementation of mediation
PEMBUKTIAN TINDAK PIDANA KORUPSI INDONESIA DENGAN BELANDA: The Verification of Corruption Offenses in Indonesia and the Netherlands Ratu, Gabriella Antonia; Kirana, Gandes Candra
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/zpb0cx19

Abstract

Corruption is a complex issue with wide-ranging impacts in various countries, including Indonesia and the Netherlands. This study aims to compare the regulations and proof mechanisms of corruption crimes in both countries. In Indonesia, proving corruption crimes involves the application of a reverse burden of proof, where the defendant must prove that their wealth was obtained legally. This contrasts with the general principle of criminal law, which places the burden of proof on the public prosecutor. In the Netherlands, the burden of proof remains with the public prosecutor, who must prove the defendant's guilt beyond a reasonable doubt. This study uses a normative juridical approach with qualitative analysis of secondary data from various legal sources. The findings indicate that despite the different approaches, both Indonesia and the Netherlands emphasize the use of valid evidence and fair trial processes. The reverse burden of the proof system in Indonesia shows a more aggressive effort in combating corruption but also poses challenges in implementation.
Co-Authors Adiasih, Ning Farhan, Kiagus Muhammad Hasibuan, Winda Fitriani Ratu, Gabriella Antonia Rustamovich, Ehsonov Jasurbek