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All Journal Ius Civile: Refleksi Penegakan Hukum dan Keadilan LEGAL BRIEF
Masturi, Rahmad
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Law, Crime, Criminology & Criminal Justice

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Constitutional Court's Limitation on the Resubmission Ofindictments Syahird, Ahmad; Masturi, Rahmad; Kamran, Muhammad
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1132

Abstract

This study aims to determine the legal consequences of limiting the resubmission of indictments by the constitutional court and the legal certainty of limiting the resubmission of indictments by the constitutional court. This type of research is normative with data collection techniques carried out through library research, namely laws and regulations, a case approach, namely the Constitutional Court Decision, and a conceptual approach. In addition, the author also conducts library research through data and books related to the research topic. Furthermore, the data obtained was analyzed qualitatively which was then presented descriptively. The results of the study show that: 1) The legal consequences of limiting the re-submission of indictments that have been canceled make the decision in the form of a final decision because it has been examined and considered the subject matter of the case and will be nebis in idem if filed again afterwards. The form of legal action that can be taken by the public prosecutor is an appeal or cassation and not resistance (verzet). In order to harmonize this form of legal action with the Constitutional Court's decision, additional arrangements are needed which contain new norms in criminal procedural law; and 2) The Constitutional Court's decision which limits the re-submission of indictments is a form of legal certainty. Thus, in order to prevent repeated cancellation of the indictment, the prosecutor's accuracy is required in preparing the indictment because at the second examination, there is a potential for the indictment to still not meet the material requirements so that the case is considered finished without any examination of the main case, and there is a potential for an indictment still does not meet the material requirements, while the subject matter of the case is proven. This resulted in no settlement and clarity of the status of the case for the accused and victims to obtain a guarantee of fair legal certainty as mandated in Article 28D paragraph (1) of the 1945 Constitution
EFEKTIFITAS PENERAPAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2018 TENTANG PELAYANAN PERIZINAN BERUSAHA TERINTEGRASI SECARA ELEKTRONIK PADA PELAYANAN TERPADU SATU PINTU KABUPATEN BANTAENG Masturi, Rahmad; Kamran, Muhammad; Nugraha, A Afgan; Adabi, Muhammad Ikhwan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10160

Abstract

The efficiency with which Government Regulation Number 24 of 2018 is being implemented in the area of electronically integrated business licensing. The study's goals are as follows: (1).Explain how Government Regulation Number 24 of 2018 in Electronically Integrated Business Licensing (2) is applied and analyze it. The aim of this study is to examine and elucidate the challenges encountered during the execution of Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing. Normative research is the analytical technique employed, which entails gathering data via a review of the literature. The study's findings indicate that the electronic one-stop integrated service policy has not been fully implemented effectively. This is because of a number of factors, the first of which is the occurrence of network disruptions during system operation. These disruptions can make it more difficult for the integrated licensing service information system to perform its functions, including data collection, printing, and monitoring. Thus, network interruption is a critical component in the deployment of an integrated licensing service information system, according to experts. The second issue is a lack of management training, which can lead to a lack of understanding among staff members and impede work processes. Third, there are still people who visit the office to take care of permits because there is a deficiency of socialization in the neighborhood.It is anticipated that the government's electronic one-stop integrated service program will be further enhanced in order to ensure smooth operation free from any roadblocks that could impede the system's implementation.
Co-Authors Adabi, Muhammad Ikhwan Kamran, Muhammad Nugraha, A Afgan Syahird, Ahmad