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INDONESIA
Jurnal Hukum Peratun
Published by Pusat Penelitian dan Pengembangan Hukum dan Peradilan MA RI
ISSN : 26155222     EISSN : 26155230     DOI : https://doi.org/10.25216/peratun.%v%i%Y.%p
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of articles published in this journal discusses various topics in the field of Administrative Law and other sections related to contemporary problems in administrative law such as: tax law, land law, environmental law, labor law, government law, Regional Government Law, Health Law, Agrarian Law, Public Policy Law, Natural Resources Law and Judicial Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 3 No 2 (2020)" : 5 Documents clear
MENJAWAB KENDALA PEMBUKTIAN DALAM PENERAPAN ALAT BUKTI ELEKTRONIK Dewi Asimah
Jurnal Hukum Peratun Vol 3 No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.322020.97-110

Abstract

The existence of electronic information and / or electronic documents has been recognized as valid evidence which is an extension of the evidence in the Procedure Law that applies in Indonesia provided that the electronic information and / or electronic documents use electronic systems in accordance with the provisions stipulated in Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions. However, despite the ITE Law as well as several other regulations, it cannot be said that the Indonesian Procedural Law has stipulated electronic evidence in evidence, because the regulation of electronic evidence is in the realm of material law. Proof using electronic evidence at the trial has debates such as the examination of witnesses using the teleconference in the case of BULOG and marriage /consent qobul conducted different countries. Besides there are several other obstacles such as 1. Authentication of electronic evidence 2. Procedures for showing the instrument electronic evidence and 3. Electronic signatures. Responding to these constraints, the renewal of the procedural law must be carried out immediately by including the electronic evidence and changing the evidence system from a closed proof system to an open proof system, in order to accommodate the development of evidence, especially electronic evidence.
PEMBARUAN UNDANG-UNDANG PERADILAN TATA USAHA NEGARA PASCA-REFORMASI DI ERA PERADILAN ELEKTRONIK Muhammad Adiguna Bimasakti
Jurnal Hukum Peratun Vol 3 No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.322020.111-126

Abstract

In the past decade there has been a massive reform in the Indonesian judiciary system, especially regarding State Administrative Court. As from the enactment of Law No. 14 of 2008 concerning Openness of Public Information, until the enactment of Law No. 9 of 2018 concerning Non-Tax State Revenues opened a tap that expands the competence/authority of the State Administrative Court so that not only the authority to adjudicate disputes regarding that of individual-concrete administrative decision (beschikking) but also the authority to adjudicate all types of administrative decisions as long as they are not statutory regulations, and also to adjudicate disputes regarding administrative factual-deed. Morover, within the enactment of Supreme Court Regulation No. 1 of 2019 also opened a new paradigm about Electronic Litigation. This paper will discuss the urgency of renewing the State Administrative Court Law in terms of expanding absolute competence, the implementation of Electronic Litigation, and also about synchronization with other laws and regulations. The method used in this paper is library research that is research that takes resources from relevant literature. In this paper it can be concluded that it is deemed necessary to reform the substance in the obsolete State Administrative Court Law.
URGENSI PEMBENTUKAN POLISI KHUSUS PENGADILAN SEBAGAI UPAYA PEMENUHAN HAK JAMINAN KESELAMATAN HAKIM DI INDONESIA Aditya Permana Putra
Jurnal Hukum Peratun Vol 3 No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.322020.127-140

Abstract

Special police force is not something new in Indonesia. At least there are four special police force in Indonesia namely Prison Guard, Railway Police, Civil Service Police, and Forestry Special Police. Those police force are separated from, but hand in hand with Indonesian Police Force in securing civil society in Indonesia. In regards with the security of judges in Indonesia, this paper tries to argue that they need special police force to guard and secure them. In this paper, it is concluded that it is required to change the Law regarding Judicial Power especially in the part concerning judge’s safety and security. If it is not probable, then creating a special police force in court is a must.
PERTENTANGAN NORMA FIKTIF NEGATIF DAN FIKTIF POSITIF SERTA KONTEKSTUALISASINYA MENURUT UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN Azza Azka Norra
Jurnal Hukum Peratun Vol 3 No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.322020.141-154

Abstract

The silence of the Government Administration has two possibilities, Tacit Refusal and Tacit Authorization. Tacit Refusal means that if the government agencies/bodies ignored requests from citizens then it is considered to have rejected the request. Tacit Authorization means if the government agencies/bodies ignored requests from citizens then it is considered to have granted the request. In Indonesia, both the Tacit Refusal and Tacit Authorization have their own places in the laws and regulations. The Law No. 5 of 1986 concerning Administrative Judiciary, rules the Tacit Refusal, meanwhile Law No. 30 of 2014 concerning Government Administration, rules the Tacit Authorization. Both cannot be implemented simultaneously because both of them are negating each other. This paper tries to explain the implementation of Tacit Refusal and Tacit Authorization after the enactment of Law No. 30 of 2014 concerning Government Administration in the administrative court.
PENGELOLAAN KEARSIPAN PERKARA DI PENGADILAN DALAM RANGKA KEMUDAHAN AKSES INFORMASI PUBLIK DI PENGADILAN TATA USAHA NEGARA MAKASSAR Muhammad Rizaldi Rahman
Jurnal Hukum Peratun Vol 3 No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.322020.155-170

Abstract

Since the birth of the reform era in Indonesia the administration of government refers to the principles of Good Governance and General Principles of Good Governance. In order to accommodate the realization of good governance, a Law on Public Information Disclosure was established which mandates that every Public Agency must develop a system of information and documentation to manage Public Information properly and efficiently so that it can be easily accessed. No exception with the Mahkamah Agung which is committed to providing the best service to the public by realizing openness of information in the Court. Administrative Court of Makassar as a judicial body is also inseparable from the obligation to realize information disclosure in the Court. The purpose of this paper is to find out the implementation of the information disclosure service regarding archives at the Administrative Court of Makassar. Data collection is done through field observations and interviews with several related parties.

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