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Indra Permana, Tri Cahya
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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MODEL PENYELESAIAN PERSELISIHAN PARTAI POLITIK SECARA INTERNAL MAUPUN EKSTERNAL Indra Permana, Tri Cahya
Jurnal Hukum dan Peradilan Vol 5 No 1 (2016)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.5.1.2016.35-52

Abstract

Political parties act stipulates that a political party dispute resolved internally by the Mahkamah Partai or other designation of that and externally resolved by the District Court and the Supreme Court. The dispute substance in Mahkamah Partai which is final and binding is about organization dispute, the other can be settled in District Court and the Supreme Court. In practice, that arrangement makes the decision apart from the sense of justice, legal certainty and utility. Therefore, these rules should be revised so that the regulation of PAW, violations of the rights of members of political parties, abuse of authority, financial liability, or an objection to the decision of political parties (including the decision not to decide on something) is final and binding through Mahkamah Partai decision. While the organization disputes can be submitted to the Constitutional Court for legal action.Keywords : political party dispute, Mahkamah Partai, Supreme Court,Constitutional Court
PERADILAN TATA USAHA NEGARA PASCA UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN DITINJAU DARI SEGI ACCESS TO JUSTICE Indra Permana, Tri Cahya
Jurnal Hukum dan Peradilan Vol 4 No 3 (2015)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.4.3.2015.419-442

Abstract

The Government Administration Act has expanded the access to justice for justice seekers in Administrative Court by opening the "empty spaces" that were not previously accessible for justice seekers. Hence Government Administration Act has opened access to justice, the Judge as the central figure of law enforcement should also committed to changes and developments, including changes and legal developments in the field of Government Administration. Access to justice is a human right that must be guaranteed, not just move the absolute power of the other judicial authority to the Administrative Court. His attempt is to cover the empty space/ vacuum which cannot be filled by the Administrative Court and other courts. The Administrative Court Judge are no longer narrow the authorization of Administrative Court on the pretext object of the dispute is not individual, not final, civil disputes especially since the disputed a declarative decision. The judge would have to implement the content of Government Administration Act along with the Supreme Court Regulation No. 4 of 2015 and the Supreme Court Regulation No. 5 Year 2015. To avoid disagreement of the law, the new law is applied with some implementation strategies that really understood what the intent and purpose of the Government Administration Act, including the rules of procedure. However, if in the Rules of the Supreme Court felt there are things that are not in accordance with the Law or the needs of the practice of the trial, the judge can make an effort constitutional question to the Constitutional Court or temporarily set it aside pending the revision of the Rules of the Supreme Court No. 4 of 2015 and the Supreme Court Regulation No. 5 in 2015.Keywords: Administrative Court, Government Administration Act, Access to Justice
EKSISTENSI DAN PERAN KOMISI YUDISIAL : PENGKAJIAN KONTEKS FILOSOFI, SEJARAH DAN TUJUAN PEMBENTUKANNYA DALAM DINAMIKA KETATANEGARAAN INDONESIA Indra Permana, Tri Cahya
Jurnal Hukum dan Peradilan Vol 3 No 1 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.1.2014.85-100

Abstract

The urge formation of the external monitoring agency behavior of judges is very strong, in addition to the internal watchdog also doubts the collapsed state of the world has been made a member of the Assembly judiciary instituted Judicial Commission in Chapter IX of the 1945 Constitution in order to position stronger. Institutionalization KY in 1945 by members of the Assembly is not right. As the external monitoring agencies in other branches of power, the more precise KY institutionalization in law. Since instituted in Chapter IX of the 1945 Constitution with a two (2) authority, KY has experienced tidal peak KY authority which has 9 (nine) authority. Currently, KY authority remaining six (6) in which three (3) authority is independent, while three (3) other authorities are jointly Supreme Court. Additional authority granted to them proven KY contrary to the 1945 Constitution. Keywords: Existence, Roles, Judicial Commission
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