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The Southeast Asia Law Journal

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Published by Universitas Jayabaya

ISSN : 24774081 EISSN : 25025503 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

The Southeast Asia Law Journal (SALJ) The Southeast Asian Law Journal (SALJ) is a scholarly journal dedicated to presenting a broad perspective on law justice issues within the domestic Indonesia. SALJ provides a forum for social scientists to report research findings for informed policy making with respect to crime and justice through innovative and advanced methodologies. The journal provides an overview of law and crime and justice within the Indonesia. It focuses on any aspect of crime and the justice system and can feature local, state, or national concerns.

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Articles 5 Documents

Search results for , issue "Vol 2, No 1 (2016)" : 5 Documents clear

The Shifting of Burden of Proof on Corruption Offences in Indonesia After The Ratification of United Nations Convention Against Corruption (UNCAC) 2003 Lilik Mulyadi; . Ismail
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

This article describes the result of a research regarding the shifting of burden of proof on corrup- tion offenses in the Indonesia after the ratification of United Nations Convention Against Corruption (UNCAC) 2003. T he article uses normative research which regulation, conceptual, case and compar- ative approach. Such research emphasizes interpretation and legal construction to obtain some legal norms, conception, regulation list and its implementation in concerto cases. Regulation and concep- tual approach to used how to know, existences, consistency and harmonization regarding the shifting of burden of proof upon corruption offenses in legislation body. The cases approach uses comparative law regarding the reversal burden of proof upon corruption offender between Indonesia and the other countries. This research shows that the shifting of burden of proof has never yet applied for in the corruption cases Indonesia. The Indonesian corruption regulation policy, especially article 12B, 37, 37A, 38B apparently it’s not cleaq and disharmony to norm of sudden charge of fortune the shifting of burden of proof formulation in connection with United Nations Convention Against Corruption 2003 (KAK 2003). So, necessary (needs) of modification sudden charge of fortune shifting of burden of proof formulation which preventive, represive and restorative characteristic.Keywords: Corruption; The Shifting of Burden of Proof; Balanced Probability of Principles

The Settlement of Disputes over Syariah Banking in the Religious Court Bambang Utoyo; Budi Santosa
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/salj.v2i1.74

Law No. 7/1992, the law No. 10 /1998 and the law No. 23/ 1990 actually has become a strong legal basis for holding syariah banks in Indonesia, although there are still some things that still need to be perfected, including the need for arranging and enhancements to the terms of the legislation regarding be syariah banks separately so that when there was a dispute in this relation with syariah banking can be resolved by reference to the applicable law. At the beginning which become the problems of the law for the settlement of disputes of syariah banking is about to be brought where the solution, because the Court did not use the syariah as the legal basis for the settlement of the matter, while under the jurisdiction of the Court when it according to Act No. 7 1989 only limited to judge things marriage, inheritance, guardianship, grants, endowments and shadaqoh. So then to anticipate emergency condition then established Convenient Arbitration Indonesia (BAMUI) established jointly by the office of the General Attorney ofthe Republic of Indonesia and the MUI.Keywords: The settlement of Disputes, Convenient Arbitration Indonesia

Relationship of The Military Prosecutor General And The Attorney General in The Prosecution Function Hedwig Adianto Mau; Ani Afrilda Sinaga; Maria Anna Samiyati
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

Law enforcement is a process to translate the wishes of the law into reality. The law enforcement process will culminate in the implementation of laws and regulations by the law enforcement officers themselves. Law enforcement agents in the Indonesian public criminal justice system include: Police, Prosecutors, Judges, Lawyers, and Penitentiaries. Meanwhile, law enforcement agents in the Indonesian armed forces criminal justice system include: Military Judges, Military Prosecutors, Military Police, Military Defense Attorneys, and Military Penitentiaries. Elucidation of Article 57 of Law Number 31 of 1997 stipulates that the Military Prosecutor General in performing prosecution function shall be responsible to the Attorney General of the Republic of Indonesia as the highest public prosecution service in the State of the Republic of Indonesia through the Commander-in-Chief, while in performing duties to develop the Military Prosecution Service, shall be responsible to the Commander-in-Chief. Although the Law Number 31 of 1997 has governed the relationship between the Military Prosecutor General and the Attorney General in performing their duties in technical prosecution function, but in the practice, those duties have not been performed as mandated by a statutory law. Keyword: Law Enforcement in Prosecution Function

The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal . Yuhelson; . Maryano
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors

Determining Criminal Actions in Corruption: The characteristics of Freies Ermessen Principles Dijan Widijowati
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

The government is required to solve the dynamics of the problem quickly and precisely by deciding a policy even though it has no legal framework (freies ermessen). The implementation of freies ermessen in practice is often used as the basis of alleged corruption by Corruption Eradication Commission (CEC/KPK). The method used in the assessment is the normative juridical approach with literature approach. The implementation of freies ermessen has the risk of success and failure that could harm the state, but Corruption Eradication Commission should be able to consider the failure of the policy is part of the business in freies ermessen. Keywords: Corruption Eradication Commission , criminal act, freies ermessen.

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Contact Name
-

Contact Email
-

Phone
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Journal Mail Official
-

Editorial Address
-

Location
Kota adm. jakarta timur,

Dki jakarta

INDONESIA