Jurnal Hukum dan Pembangunan
Vol. 49, No. 1

KEKOSONGAN HUKUM ACARA DAN KRISIS ACCESS TO JUSTICE DALAM KASUS-KASUS PEMBERHENTIAN KEPALA DAERAH/WAKIL KEPALA DAERAH DI INDONESIA

Azis, Arasy Pradana (Unknown)



Article Info

Publish Date
24 May 2023

Abstract

Law Number 23 Year 2014 on Regional Government (Law No. 23/2014) provides that the Regional Head or Deputy Regional Head may be dismissed in the middle of his term by certain reasons. The law also regulates a strict process, including the involment of the Supreme Court (MA) in it. MA provides a judicial test of the opinion of the Regional House of Representatives (DPRD) as the initiator of the dismissal processl. The involvement of the Supreme Court is a consequence of the strengthening of the legitimacy of the Head of Region/Deputy Head of Region, which is now elected directly by the people. Therefore, dismissal of Head of Region/Deputy Head of Region is designed difficult. However there is a problem of access to justice in the judicial process in MA, mainly due to the blur of procedural law. The concept of access to justice has been interpreted in a limited way, solely as access to legal assistance for the poor and marginalized.

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Journal Info

Abbrev

publication:jhp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, ...