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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 17 No 2 (2016)" : 6 Documents clear
EKSISTENSI HUKUM PIDANA ADAT DI INDONESIA: PENGKAJIAN ASAS, NORMA, TEORI, PRAKTIK DAN PROSEDURNYA Lilik Mulyadi
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.82 KB) | DOI: 10.23969/litigasi.v17i2.138

Abstract

The existence of customary criminal law Indonesia was assessed from the perspective of normative (ius constitutum) regulated in Article 18 B Constitution 1945 the amendment, Article 1, Article 5, paragraph (3) sub b of Law No. 1 Drt 1951, Article 5, paragraph (1), Article 10 paragraph (1) and Article 50 paragraph (1) of Law No. 48 of 2009. Then partially in certain areas such as Aceh Nanggroe Darussalam stipulated in Law No. 44 of 1999, Law No. 11 of 2006, the following is implemented in the form of Qanun both Provincial and District levels , In Papua, stipulated in Article 50 paragraph (1) of Law No. 21 of 2001. Then stipulated in Article 7, 8 Indigenous Protection Bill of 2009 proposed by the Regional Representative Council and Article 18 paragraph (1) Bill on Recognition and Protection of the Rights of Indigenous Customary law prepared by the House of Representatives in 2012. Next in Bali organized and implemented in the form Awig-Awig Village People (Pakraman) as well as from the perspective of ius constituendum stipulated in the provisions of Article 2 paragraph (1), (2) Criminal Code bill of 2012. Then the level of principle Book regulated Ciwasasana or Purwadhigama Book, Book Gajahmada, Simbur Book Light, Book Kuntara Raja Niti, Book Lontara 'ade' and awig awig. In addition, assessed from the perspective of theory, practice and procedures found in the form yurispudensi Supreme Court as No. 42 K / Kr / 1965 dated January 8, 1966, Supreme Court Decision No. 275 K / Pid / 1983 dated December 29, 1983, Supreme Court Decision No. 1644 K / Pid / 1988 dated May 15, 1991, Supreme Court Decision No. 666 K / Pid / 1984 dated February 23, 1985 as well as sanctioning the customary (drug customary) essentially to restore the natural balance of magic, restore the cosmos in order to restore the impaired balance to be both magical religio. Keywords: criminal law customary, traditional sanctions, practice.
EKSISTENSI PERLINDUNGAN SAKSI DAN KORBAN DALAM PERSPEKTIF SISTEM PERADILAN PIDANA DI INDONESIA Tedie Subarsyah Sumadikara
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (257.703 KB) | DOI: 10.23969/litigasi.v17i2.156

Abstract

In line with the current development of the criminal offense, it is necessary to the development of the criminal justice system (SPP) with the involvement of other key components of the criminal justice system, namely DCIS component i i, ang carry out the functions of protection of witnesses and / or victims of crime. criminal By involving the intended protection function, the criminal justice system is no longer just oriented to the suspect / defendant but also oriented to witnesses and victims of crime. This will have implications for the development and strengthening of the criminal justice system into the criminal justice system is perfect, the criminal justice system a good, balanced and fair. So that in the future does not happen again the phenomenon of witnesses and / or victims with threats, pressure or occur engineering evidence statements of witnesses, even a waiver of the rights of witnesses and / or victims. Although now the presence of the Agency has given guarantees and assurances for the protection of witnesses and / or victims of crime, but the position of the Agency as a component of the criminal justice system has not been expressly recognized in the law of criminal procedure. Therefore it is very important to analyze the position of the Agency in the criminal justice system in Indonesia, namely by reviewing the Agency's role in the criminal justice system, and the concept of the position of the Agency as the state agencies in the criminal justice system in Indonesia. Keywords: Existence of the Witness and Victim Protection Agency
PENELITIAN HUKUM TRANSFORMATIF PARTISIPATORIS: SEBUAH GAGASAN DAN KONSEP AWAL Anthon Freddy Susanto; Gialdah Tapiansari Batubara
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1307.507 KB) | DOI: 10.23969/litigasi.v17i2.159

Abstract

Normative legal research-dogmatiek, and empirically-quantitative have a tendency to simplification is a waiver of the various aspects of the legal reality is complex, so the legal research dried aspects of values, symbols, meanings of cultural and human morality, do not even have a stunt action in therein. Dogmatiek normative-legal research and quantitative empirical research (both under the paradigm of legal positivism) only describes the relationship (mechanical) between the figures with the rules, principles and rigid principles. Abandonment-waiver so the result, damage to the legal system, social order, and the shattered lives of ecological (environmental) policies by formal law, more favorable power. We find a small community marginalization, displacement and judgment on behalf of the law that many countries do. Legal development that lead to the interests of a particular class or group that is powerful in society. On the one hand the construction of the law is too focused on policy and laws in effect only showing the construction of artificial, although the legislation that has a purpose a lofty goal, but minimal in achievement, especially were always raised to be behavior that appears in the legislation , Legal development was too focused on legislation that does not encourage participation public.Hukum lose the ability to explain their relationships with the community and cultural realities and ultimately the law fail to become a medium that can increase participation masyarakat.Dari various legal problems today, shows us, is required approach that is able to respond to change and certainly empowering communities that do not mampu.Oleh therefore legal research should be able to encourage community participation, open to a wide variety of approaches so as to provide a variety of solutions faced by society. Keywords: Concepts, Law Transformative Research-Participatory.
URGENSI KEBERADAAN GBHN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA Janpatar Simamora
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (287.651 KB) | DOI: 10.23969/litigasi.v17i2.143

Abstract

One of the fundamental points of the amended of Indonesian Constitution of 1945 is the removal of the Outlines of State Policy (Guidelines) in the constitutional system of the Republic of Indonesia. As a consequence, the goals and objectives of national development seemed to lack of focus, unfocused and difficult to measure the success rate. While the existence of the National Long-Term Development Plan (RPJPN) intended to replace the Guidelines, until now there has not been able to serve as a guide to national development. To that end, efforts to revive the guidelines are extremely vital in order to realize a fair society and a prosperous Indonesia as aspired to in the preamble of the Constitution of 1945. Returning NRI existence of the guidelines will also have a positive impact on maintaining and guarding the existence of the Assembly as one of the state institutions. Keywords: Guidelines, 1945, the authority, the national development, MPR.
INTERAKSI HUKUM NEGARA DAN HUKUM ADAT DALAM PENANGGULANGAN TRAWL DI INDONESIA Sulaiman Sulaiman
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (279.924 KB) | DOI: 10.23969/litigasi.v17i2.139

Abstract

Trawling is used by most of the local fishermen in Indonesia, in addition to unlawful state and local laws, as well as more serious impact on the function of the environment. This paper would like to address three main issues: what make local communities using trawling? What steps should the government do in combating trawling? How the ideal interaction of state law and local law in the response to trawling? The paper concludes that the use of trawl conscious process impact, can not be separated from the process of modernization, the trawl rationalized will accelerate economic improvement fishermen. District Government is already taking action to give birth responsive policy in order to control the impact of emerging, but the policy was born due to the community itself. The ideal interaction openness state law and local to interact in the context of complement each other. Keywords: Interaction law, customary law, state law, trawling.
INDEPENDENSI DAN AKUNTABILITAS HAKIM DALAM PENEGAKAN HUKUM SEBAGAI WUJUD INDEPENDENSI DAN AKUNTABILITAS KEKUASAAN KEHAKIMAN Fahmiron Fahmiron
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (326.626 KB) | DOI: 10.23969/litigasi.v17i2.158

Abstract

The independence of the Judicial Power is a prerequisite that must be met in order workings of state law. The independence of the Judicial Power must be balanced with the principle of accountability as the manifestation of a democratic state. Judicial authority must have the freedom from all kinds of pressure and interference of the executive power, even such freedom also includes the authority of the judge to impose a decision on a ruling if it violates people's rights. The judge's decision in order to reflect the sense of justice against anyone, then law enforcement should be supported by a strong structuring. Keywords: Independence of Judicial Power, Accountability.

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