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Jurnal Hukum dan Peradilan
Published by Pusat Penelitian dan Pengembangan Hukum dan Peradilan MA RI
ISSN : 23033274     EISSN : 25281100     DOI : https://doi.org/10.25216/jhp
Core Subject : Economy, Social,
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice
Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, empirical, and contributive literature on the dynamics and development of legal studies, specifically in Indonesia. JHP welcomes scientific papers on a range of topics from research studies, judicial decisions, theoretical studies, literature reviews, philosophical and critical consultations that are analytical, objective, and systematic. However, from a wide range of topics that researchers can choose from, JHP puts more attention to the papers focusing on the sociology of law, living law, legal philosophy, history of national law, customary law, literature studies, international law, interdisciplinary, and empirical studies. Jurnal Hukum dan Peradilan (JHP) is a media dedicated to judicial personnel, academician, practitioners, and law expertise in actualizing the idea of research, development, and analysis of law and judiciary. Jurnal Hukum dan Peradilan comes out three times a year in March, July, and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 4 No 1 (2015)" : 10 Documents clear
TITIK SINGGUNG WEWENANG ANTARA MA DAN MK MD, Moh Mahfud
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.1-16

Abstract

The existence of the Constitutional Court (MK) in Indonesia is linked to the Supreme Court (MA) both in the universal philosophy and in history and the particular debate. Being natural in practice found several points of authority tangency which must be resolved not only academically but in juridiction. If powers of the Constitutional Court was elaborated and then linked with the authority of the Supreme Court the authority then it appears there is a cross between the two institutions. The Constitutional Court judge rules conflict which is abstract at once judges conflicts (disputes) between the person or institution that is concrete. There is also the Supreme Court also adjudicates conflicts (disputes) between people or institution that is concrete as well adjudicates conflicts between rules which are abstract. Here appears the cross testing authority in legislation between the Constitutional Court and the Supreme Court because they both have the authority to conduct testing, but to different degrees.Keywords: Connective Point, Supreme Court, Constitutional Court
TITIK SINGGUNG WEWENANG MAHKAMAH AGUNG DENGAN MAHKAMAH KONSTITUSI Isra, Saldi
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.17-30

Abstract

The mixing of authority between the Constitutional Court and the Supreme Court has raised a range of issues. In turn, there is the contact authority of the two institutions which could lead to the occurrence of legal uncertainty. In connection with the authority testing regulations, for example, although the Supreme Court and the Constitutional Court have the same right to test the legislation, but with different types and hierarchy of legislation being tested, then the interpretation of the rules of the legislation for which they were these institutions must be subject to a hierarchical system of laws and regulations that apply. Therefore, the validity of the norm is derived from the legislation is higher. Moreover, any decision of the judicial review of the UUD, this decision is erga omnes, including for judges of the Supreme Court and judges of the court under the Supreme Court.Keywords : Authority, Constitutional Court, Supreme Court
FREEDOM & IMPARTIAL OF JUDICIARY : ANTARA “ PERADILAN BEBAS” & “PERS YANG BEBAS Adji, Indriyanto Seno
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.31-50

Abstract

Press of independence adopted by Law No. 40 of 1999 on the Press is an accentuation of the Libertarian Press system which requires the existence of a absolute total "freedom of pers" by putting all the legal consequences on the substance of its news through judicial institutions, without calls for criminalization forms of the press with all the reason and limitedly direction purpose. Absolute Privilege Right of the Press have signs that provide a limitation on -moral hazard- based on Interest of justice or national security or for the prevention of disorder or crime that can be issued by the judiciary as a form of Sub Judice Rule criteria or Disobeying a Court Order from Contempt of Court institutions. a proclamation which is a form of freedom of expression with the news that "prejudicial", even the news substance pose a "misleading conclusion and opinion" as well as has provided an opinion and conclusions that are misleading or incorrect and negative impact on the course of judicial proceedings and other parties broadly (as recognition of the Press Libertarian System) may be faced with a sense of responsibility of the press itself, either ethic norms and laws.Keywords : Judicial, Pers, Freedom
PERADILAN TATA USAHA NEGARA DALAM KONTEKS UNDANG-UNDANG NO. 30 TH. 2014 TENTANG ADMINISTRASI PEMERINTAHAN Hadjon, Philipus M
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.51-64

Abstract

Act No. 30 Year 2014 on Government Administration (UU AP) instead of administrative law. The concept of public administration (AP) in Article 1.1 is governance in the decision and / or action by the official agency and / or government. When compared with the Dutch Algemene wet Bestuursrecht (AWB), it seems obvious differences. AWB moved from the concept of administrative law (bestuursrecht) while the AP is the starting point of government  dministration. That in AP there are aspects of administrative  law, but the concept of administrative law is confusing. On the basis, the common explanations of AP stating AP Act is a substantive law of the State Administrative Court system becomes a big question mark. AP Act provisions concerning Administrative Court is not based on a clear conceptual approach. On the basis, AP Act concerning Administrative Court is very difficult to apply in judicial practice as well as vague concepts is also contrary to the concepts of administrative law. Keywords: Judicial, Administrative Court, Act No. 30 Year 2014 on Government Administration
MEWUJUDKAN VISI MA TENTANG BADAN PERADILAN YANG AGUNG MELALUI UNDANG-UNDANG JABATAN HAKIM Nurjannah, Siti
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.65-82

Abstract

Judges official status has been affirmed as a state official, but in fact on some aspect on it is still bound by the Civil Service system. Therefore judge positions are often said to be dual status as state officials and civil servants. Nullifying the dual status is, in fact has caused serious problems in terms of both managerial and related to the potential reduction of judicial independence. If the independence start to reduce, the implications of the problems of the post of Judge is hampering efforts to realize the vision of the Supreme Court which is to realize the Supreme Courts.Keywords : Supreme Court Vision, Acts, and Official state of Judges
KETERBUKAAN INFORMASI DI PERADILAN DALAM RANGKA IMPLEMENTASI INTEGRITAS DAN KEPASTIAN HUKUM Mansyur, Ridwan
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.83-100

Abstract

As a public institution in the field of justice, the Supreme Court is required to commit to apply the disclosure of information. Nowadays, transparency of information disclosure in the context of justice for the Supreme Court is not only the public needs but also the needs of all residents of the judiciary. With the judicial transparency, will slowly happen to strengthen accountability and professionalism and integrity of the judiciary residents. Commitment to provide disclosure of both the process and the end result is a concrete manifestation of public services as access to justice (access to justice) given by the Court at the lowest levels up to the Supreme Court.  Quality of excellent public services through the transparency of the judicial information disclosure is the estuary of execution Reform of Bureaucracy.Keywords : Information transparency, Judicial, Integrity and Legal Certainty
ASAS PEMBALIKAN BEBAN PEMBUKTIAN TERHADAP TINDAK PIDANA KORUPSI DALAM SISTEM HUKUM PIDANA INDONESIA DIHUBUNGKAN DENGAN KONVENSI PERSERIKATAN BANGSA-BANGSA ANTI KORUPSI 2003 Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.101-132

Abstract

This article describes some problems of the result of research regarding the shifting of burden of proof upon corruption offences in the Indonesian system of criminal law with regards UN Convention Against Corruption (UNCAC) 2003. There are two basic questions which become the research objections, firstly: to what extent the shifting of burden of proof has been implemented in the criminal court regarding corruption cases, and secondly, to what extent does the legislation policy apply for the shifting of burden of proof in relation with UNCAC 2003. The article uses normative research which regulation, conceptual, case and comparative approach. Such research emphasizes interpretation and legal construction to obtain some legal norms, conception, regulation list and its implementation in concreto cases. Regulation and conceptual approach to used how to know, existention, consistency and harmonization regarding the shifting of burden of proof upon corruption offences in legislation body. The cases approach uses comparative law regarding the reversal burden of proof upon corruption offencer 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. Those experiences is not similar with the experiences of against corruption Hong Kong and India, wihich implement the reversal burden of proof by using some approach socalled balanced probability of principles in the relation to the property or asset of defendant comes from. The Indonesian corruption regulation policy, especialy 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: Shifting the Burden of Proof, Corruption Offences, Criminal Justice System
MAKNA DAN KRITERIA DISKRESI KEPUTUSAN DAN/ATAU TINDAKAN PEJABAT PUBLIK DALAM MEWUJUDKAN TATA PEMERINTAHAN YANG BAIK Susilo, Agus Budi
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.133-152

Abstract

In order to do the legal action, public officials often execute out of written law, this condition is a logic consequence, that the acts and others written laws are left behind in anticipating the development of the era, the change of values, and increasing need of human life along with the progress that they have achieved in science and technology. Therefore, to make legality principle on operational stage can be done as good as it could, so the development instrument of the discretion is needed, ironically, not the rare things, the use of discretion sometimes misuse by public officials, pretending bases on public need and legal certainty in fact they abandon civil rights, either individually, in group or even civil corporate body. To anticipate it all, another draft is required to control the discretion of public policy and/or act of public officials, and that draft is good governance, which usually assume as good governance system. By understanding main principle from good governance itself, it’s hoped that the discretion of public policy and/or act of public officials can be applied together with code of conduct in law (rechtmatigheid van regering).Keywords : Discretion, Public Officials, Good Governance
PENERAPAN DIVERSI UNTUK MENANGANI PROBLEMA PENYELESAIAN PERKARA PELANGGARAN LALU LINTAS DI PENGADILAN Suhariyanto, Budi
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.153-170

Abstract

Basically cases of traffic violations is a matter of simple so categorized quick examination. However, when the volume of his case matters reach thousands of cases and should be heard in court within a day, in fact has given rise to problems. In addressing these problems, improvement of handling and settling disputes traffic violation in court is an absolute must do. But apart from that alternative settlement traffic violation outside the court, namely through the implementation of diversion should be used as an alternative way to reduce the caseload and problems in court. Functionally, the application of diversion used as part of the education and guidance systems and community protection systems (especially against children / Offenders under age).Keywords : Diversion, Traffic Violations, the Court
URGENSI PERAN PENGADILAN DALAM MEMBERIKAN PELAYANAN BANTUAN HUKUM TERHADAP ORANG MISKIN SESUAI UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM Nasution, Isnandar Syahputra
Jurnal Hukum dan Peradilan Vol 4 No 1 (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.4.1.2015.171-188

Abstract

Implementation of Legal Aid Post (Posbakum) by the District Court includes three (3) the scope of legal services in accordance with the provisions contained in the Perma No. 1 Year 2014. Those 3 scopes are services of fee waiver, and the holding of the trial outside the court building and providing Posbakum Court. In connection with the implementation of this Posbakum actually State Court only provides room facilities to Posbakum for three Legal Aid Provider or accredited lawyers organization. As for the legal aid fund handling each case will be filed by the Court through the Lokal Office of Kemenkumham. However, this does not mean that the facilitator function can be ignored, considering this Posbakum takes place in the Court, it is noteworthy that there is a special mandate from the State Officials to the Court in order to succeed the free legal services for the poor. Therefore, it can also be expected that the presence of the Posbakum in the Court can erode the negative and scary stigma on the Court for the general public. Keywords: Court, Legal Aid, the Poor

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