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Delegation of Authority From The General Court to the Shariah Court in Nanggroe Aceh Darussalam Province Alsyam; Yandriza; Zulkifli
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/mc5q7e03

Abstract

Law enforcement carried out by the Aceh Syar'iyah Court cannot be separated from the bureaucracy which is one of the vehicles in the implementation of judicial power. Bureaucracy is a determining factor in the success of the entire program agenda including in the framework of realizing a clean and free judicial apparatus from KKN so that the bureaucrats in the Aceh Syar'iyah Court can realize good governance (good governance). The Aceh Syar'iyah Court in carrying out all activities related to the interests of the Appellate Court, both administrative, financial and organizational in nature, is obliged to be accountable for the implementation of its duties, functions and roles in the management of resources, and sources of funds and authorities entrusted to the public referring to the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: MA / SEK / 07 / SK / III / 2006 concerning the Organization and Work Procedures of the Secretariat of the Supreme Court of the Republic of Indonesia, the Supreme Court of the Republic of Indonesia as one of the state / government institutions in accordance with the Decree of the People's Consultative Assembly Number: XI / MPR / 1998 concerning the Implementation of a Clean and Corruption-Free State, Collusion and Nepotism and Presidential Instruction Number: 7 of 1999 concerning Accountability of Government Agency Performance. The legal research method is a systematic way of conducting research. Normative legal research uses normative case studies in the form of legal behavior products, for example reviewing laws. The results of this study explain that first, the Syar'iyah Court only carry out its functions within the scope of the authority of the Religious Court in the field of marriage, inheritance, will, grant, waqaf, zakat, infaq, sadaqah and sharia economy, whereas criminal matters are only limited to matters alcohol(liquor), solitude (pervert),gambling(gambling). Second, the authority of the Sharia Court is no longer limited to certain civil matters, but also covers the fields of mu'amalah and jinayah. However, in fact, the laws and regulations concerning the duties of the Sharia Court are still incomplete and thisThis is one of the problems faced. While Law Number 48 of 2009 no longer explains about the Syar'iyah Court until the position and the authority of the Sharia Court in Aceh becomes unclear
Position on The Arrangement of Administrative Sanctions By The KPPU Institution In State Science Alsyam
Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/wpj29e97

Abstract

The position of the Business Competition Supervision Commission as a business competition court in imposing administrative sanctions (administration Punisment) to the guilty perpetrator. Looking at the constitutional system in a state institution in Indonesia, it has its own proportional functions in law enforcement. According to Article 36 letter i of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition that "Imposing sanctions in the form of administrative action on business actors who violate the provisions of this Law”. However, according to the provisions of this rule in Article 44 paragraph (2) that "Business actors can submit objections to the District Court no later than 14 (fourteen) days after receiving notification of the decision”. Types of research in legal writing will be carried out using normative legal methods (doctrinal research) or called Studi dogmatic. The research approach uses the Law approach (statue approach), case approach (cases approach), and analytical approaches (analitycal approach).  The research results explain that First, Constitutionally, the KPPU institution, given the task of adjudicating a report, assists the role of the judiciary in enforcing unfair business competition law. This is of course that in state administration there are still different roles in each institutional structure in Indonesia. Second, basically the role of the KPPU institution where the imposition of sanctions is administrative in the sense of carrying out supervision of the Antimonopoly Law based on the specific duties of the Law. Third, The KPPU's position as an independent institution in enforcing business competition law is Punitive  which is given to business actors based on the results of the inspection. The KPPU provides administrative sanctions as a preventive measure against the reported parties who engage in unfair business competition.