scholarly journals ANALISIS PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR: 3094/PID.B/2013 TENTANG ALAT BUKTI OLEH HAKIM DALAM PASAL 114 AYAT (2) JUNCTO PASAL 132 AYAT (1) UU RI NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Tobias Gula Aran
Keyword(s):  
Law Enforcement ◽  
Decision Analysis ◽  
Analytical Approach ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
State Court ◽  
Not Given ◽  
Assessment Of Evidence ◽  
Sense Of Justice

Abstract In this research examines two issues, namely the Surabaya District Court Decision No. 3094 / Pid.B / 2013 In accordance with Evidence presented at trial and Parameter Verification assessed Judges in Crime Article 114 paragraph (2) in conjunction with Article 132 ( 1) Act No. 35 of 2009 on Narcotics, based on a normative juridical research, using the approach of Legislation, Case approach, analytical approach, the purpose of this study was to analyze the state court decision Surabaya number: 3094/Pid.B/2013 appropriate evidence presented at the hearing, stated that in this ruling the judge has not given a sense of justice for law enforcement against criminal acts Narcotics correspond to the penalty set out in the Act, and to describe the parameters of proof is rated Judge in a criminal act of Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 Year 2009 on Narcotics, as the basis of the assessment of evidence by the judge.Keywords: Court Decision Analysis, Evidence, Narcotics

scholarly journals PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PEMERKOSAAN DALAM PERADILAN PIDANA

2019 ◽  
Vol 8 (1) ◽  
pp. 27
Author(s):  
Edy Suwito ◽  
Mulyadi Aribowo
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Field Research ◽  
Law Enforcement Officers ◽  
Criminal Court ◽  
District Court ◽  
State Court ◽  
Literature Study ◽  
Materials Used ◽  
Sense Of Justice

This study aims to determine the extent to which legal protection and obstacles faced against the victims of rape in criminal justice in Blitar district court. The context of legal protection against victims of crime (criminal act of rape) is by preventive or repressive efforts conducted by both society and law enforcement officers such as providing protection from various threats that can endanger the life of the victim. The research used is juridical normative and juridical empirical research. Research location in Blitar District Court. The materials used in literature study are data collection through literature study, and field research involves interviewing informant. Based on the result of the research, the researcher got the answer that, the legal protection against the victims of criminal act of rape in criminal court in Blitar state court still caused many difficulties in settling either at the investigation stage until the victim was present in the court, because the psychic pressure in victims questioned. This of course affects the mental / psychological development of the victims and also affects the law enforcement process itself to bring about a sense of justice for victims and society.

scholarly journals PENERAPAN PIDANA TERHADAP PENyALAH GUNA NARKOTIKA UNTUK DIRINyA SENDIRI

2017 ◽  
Vol 4 (1) ◽  
pp. 15
Author(s):  
Dahlan Dahlan
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
The State ◽  
Court Decision ◽  
Criminal Sanction ◽  
Narcotic Drug ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Sense Of Justice ◽  
Common Perception

Article 2 of Law Number 35 Year 2009 on Narcotics mentioned Narcotics Act based on Pancasila and the Constitution of the State of the Republic of Indonesia Year 1945. Subsequently Article 3 letter a mentioned Narcotics Act held based on keadilah. But in his enforcement does not describe the sense of justice. This research is normative juridical, that is method whichdescribes or exposes a fact systematically then its analysis is conducted by juridical by linking between data and facts obtained by analyzing court decision related to criminal sanction to perpetrator of narcotic crime and related with regulation of law applicable. In order to achieve a common perception in the application of narcotic drug abuse for himself by law enforcement officials, it is necessary to reconstruct Law Number 35 Year 2009 on Article 132 Paragraph (1) to be: Experiment or conspiracy to commit narcotic crime and narcotics precursor as referred to in Article 111, Article 115, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Articles 126, 127, And Article 129, the perpetrator shall be subject to the same imprisonment in accordance with the provisions referred to in those Articles

scholarly journals PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION

2018 ◽  
Vol 18 (2) ◽  
pp. 222
Author(s):  
Abd. Shomad ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Philosophical Foundation ◽  
Conceptual Approach ◽  
Historical Approach ◽  
Legal Relationship

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

scholarly journals RECONSTRUCTION OF THE LEGALITY PRINCIPLE IN PENAL LAW ENFORCEMENT FOR THE REALIZATION OF JUSTICE

2018 ◽  
Vol 2 (1) ◽  
pp. 12
Author(s):  
Iskandar Wibawa
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Court Decision ◽  
Important Principle ◽  
Penal Reform ◽  
Penal Law ◽  
Written Law ◽  
Principle Of Legality ◽  
Sense Of Justice ◽  
Unwritten Law

<span>The legality principle is an important principle in the enforcement of penal law </span><span lang="IN">in addition to</span><span> the culpability principle. These two principles are a requirement that must be fulfilled by the person to be penalized. However, law enforcement officers in the Criminal Justice System often only pay attention to the formulation of the legality principle in Article 1 (1) of the Criminal Code (KUHP)</span><span lang="IN"> than the other principle that is culpability principle. </span><span>So that court decisions often do not reflect a sense of justice. This is due to the interpretation of the legality principle contained in Article 1 paragraph (1) of the Criminal Code (KUHP) as </span><span lang="IN">“</span><span>lex scripta</span><span lang="IN">”</span><span>, </span><span lang="IN">“</span><span>lex stricta</span><span lang="IN">”</span><span> and </span><span lang="IN">“</span><span>lex certa</span><span lang="IN">”</span><span> and </span><span lang="IN">also the unformulated </span><span>culpability principle in the Criminal Code (KUHP). Therefore, it is necessary to reconstruct the meaning of the legality principle so that it is not only understood formally, but </span><span lang="IN">materially by regarding </span><span>the living la</span><span lang="IN">w</span><span> referred to Pancasila as </span><span lang="IN">a </span><span>ground</span><span>norm and constitution of the UUD 1945, the legality principle is not interpreted </span><span lang="IN">as a</span><span> certainty of law </span><span lang="IN">but </span><span>interpreted as the principle of legal certainty. The law is not</span><span lang="IN"> only</span><span> interpreted </span><span lang="IN">as</span><span> a written law, but also an unwritten law, so it is expected to bring about a court decision in accordance with the sense of justice</span><span lang="IN">.</span><span>In law enforcement </span><span lang="IN">“</span><span>in abstracto</span><span lang="IN">”</span><span> implemented through formulation policy by penal reform in the formulation of a New Criminal Code (New KUHP), the principle of legality has been interpreted in material term that states that the source of law used by the Criminal Code is written law (Article 1) and unwritten law/ the living law (Article 2), also the culpability principle has been formulated explicitly (Article 38</span><span lang="IN">)</span><span>. Based </span><span lang="IN">“</span><span>in abstracto</span><span lang="IN">”</span><span> law enforcement is expected to be implemented </span><span lang="IN">“</span><span>in inconcreto</span><span lang="IN">” </span><span>law enforcement so as to realize court decision in accordance with the sense of community justice.</span>

scholarly journals KONSEP CULPA DALAM PERKARA PIDANA SUATU ANALISIS PERBANDINGAN PUTUSAN NOMOR 18/Pid.B/2017/PN.TOBELO

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Ernest Sengi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Aspect ◽  
Court Decision ◽  
District Court ◽  
Legal Analysis ◽  
Court Judge

The concept of omission or culpa from the legal aspect is very different from the concept of omission or culpa that is understood everyday. Many events include omission or culpa but the incident may not be a criminal act. Thus, law enforcement must be careful in giving meaning to a legal act related to omission. Court Decision Number 18 / Pid.B / 2017 / PN.TOb. is a decision which is the object of research in this paper, in which the author disagrees about the concept of omission or culpa which is considered by the Tobelo District Court judge in that decision, although I agrees that the defendant's actions were omission. The analysis used is legal analysis using a statute approach and case approach so that it can find out the basis of the court's consideration of choosing Pasal 359 KUHP dropped against the defendant Imsal Ilahi Baksi. In its consideration, it was found that Tobelo District Court judges interpreted omission as " not careful " or " lack of attention" so that the defendant was proven legally and convincingly committed a crime of omission. Meanwhile, in the criminal law doctrine, many concepts of omission or culpa are not always interpreted as "not careful" or "lack of attention" such as omission in the sense of onbewuste schuld. Because of the fact, in this case the defendant was careful and gave attention by notifying his actions (installing electricity), but only did not imagine the possibility of consequences

scholarly journals IMPLIKASI HUKUM TERHADAP AKAD YANG MEMUAT KLAUSUL PENYELESAIAN SENGKETA PERBANKAN SYARIAH MELALUI PENGADILAN NEGERI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012

SASI ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 286
Author(s):  
Rahman Hasima
Keyword(s):  
Dispute Resolution ◽  
Research Method ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Legal Implications ◽  
Descriptive Qualitative

This research aims to determine the legal implications of the agreement on which the sharia banking dispute resolution clause was submitted through the state court's post-decision of the Constitutional Court No. 93/PUU-X/2012. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results of the study show that the contract that contains the clause for the settlement of Islamic banking disputes through the District Court after the Constitutional Court decision has the implication of being null and void because it contradicts the contract or causa that is lawful, so that the parties make an addendum so that no future disputes occur.

scholarly journals URGENSI PERAN PENGADILAN DALAM MEMBERIKAN PELAYANAN BANTUAN HUKUM TERHADAP ORANG MISKIN SESUAI UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2015 ◽  
Vol 4 (1) ◽  
pp. 171
Author(s):  
Isnandar Syahputra Nasution
Keyword(s):  
General Public ◽  
The State ◽  
District Court ◽  
State Court ◽  
Legal Services ◽  
Legal Aid ◽  
The Poor

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

scholarly journals Upaya Hukum Banding Terhadap Putusan Verstek Yang Diajukan Oleh Pihak Tergugat Dikaitkan Dengan Asas Kepastian Hukum Dalam Tinjauan HIR/RBG

2020 ◽  
Vol 6 (1) ◽  
pp. 129
Author(s):  
Sherly Ayuna Putri ◽  
Achmad Syauqi Nugraha
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
The State ◽  
District Court ◽  
State Court ◽  
Court Ruling ◽  
Positive Law ◽  
Civil Proceedings ◽  
The Supreme Court ◽  
Case Number

The verdict of Verstek is the ruling that where the defendant, although called legitimately, does not come on a given day, and does not tell others to be facing his deputy, the claim is accepted with a decision without the presence (Verstek). Resistance is a legal effort against the verdict that was dropped outside the presence of the defendant. Essentially the resistance was provided for the defendant who (in general) was defeated. The Verzet is governed in article 125 paragraph (3) and 129 HIR, article 149 clause (3) Jo. 153 RBg. The research method which is conducted in this study is normative juridical research that emphasizes on the science of law and conduct an inventory of positive law relating to the effectiveness of statutory regulations in the fi eld of legal and descriptive analytical describing and analyzing the problems based on the legislation governing the law of civil proceedings regarding the legal efforts of Verstek decision. Based on the results of the study obtained fi rst problem of Verstek decision to be fi led by the defendant on the decision of the District Court of Bale Bandung Case Number: 37/PDT. G/2018/PN. BLB and the state court ruling of the Simalungun case number: 36/PDT. G/2013/PN. LICENSE does not conform to the norm in article 125 HIR and section 149 RBg. The two remedies that can be done by the plaintiff or the appeal is to apply for the appeal with the reasons set out in article 30 paragraph (1) of Law No. 5 of 2004 concerning the Supreme Court, among other things relating to the judge is not authorized or exceeds the limits of authority and or wrong in implementing or violating applicable laws.

scholarly journals PENYELESAIAN KONFLIK PEWARISAN AKIBAT HIBAH BERDASARKAN HUKUM PROGRESIF

2017 ◽  
Vol 10 (1) ◽  
pp. 79
Author(s):  
Poniman Poniman
Keyword(s):  
Qualitative Research ◽  
Law Enforcement ◽  
Research Study ◽  
Court Decision ◽  
District Court ◽  
Human Beings ◽  
Legal Certainty ◽  
Legal Research ◽  
Positive Law ◽  
Relevant Field

ABSTRAKPutusan Pengadilan Negeri Bekasi Nomor 95/PDT.G/2008/PN.BKS menolak dan menghukum gugatan penggugat untuk membayar biaya perkara, dan memutuskan bahwa harta pewaris seluruhnya menjadi hak anak luar kawin tidak diakui karena hibah dari pewaris. Dari sisi penegakan hukum positif, hakim mendasarkan putusan hanya pada pembuktian tanpa menelusuri realitas dari akta hibah tersebut yang cacat hukum. Kajian penelitian putusan ini menggunakan teori hukum progresif dalam upaya mencari keadilan, dengan mengkaji permasalahan, serta bagaimana penyelesaian konflik pewarisan akibat hibah berdasarkan hukum progresif. Penelitian ini adalah penelitian socio-legal dengan pendekatan induktif yang berparadigma post-positivisme. Penelitian ini dilakukan secara kualitatif dengan mengutamakan kedalaman data dengan narasumber yang berkompeten di bidangnya. Dari penelitian ini, realita bahwa anak luar kawin tidak diakui dapat menguasai seluruh harta pewaris dengan hanya berdasarkan pada akta keterangan hibah, mestinya tidak terjadi. Hal ini menunjukkan betapa lemahnya peradilan yang hanya menggunakan hukum formalisme semata, sebagai puncak kepastian hukumnya, sehingga tujuan manfaat dan keadilan belum terpenuhi. Pola hukum progresif berfondasi pada progresivitas manusia, bahwa manusia sebenarnya baik, penuh kasih sayang, saling tolong menolong, dan empati kepada sesama manusia. Berhukum yang benar adalah berhukum yang bertujuan demi tercapainya keadilan masyarakat.Kata kunci: hibah, harta warisan, anak luar kawin tidak diakui, hukum progresif. ABSTRACTBekasi District Court Decision Number 95/PDT.G/2008/ PN.BKS objected the claim and give sanction to the plaintiff to pay court costs, and decided that all the assets of the testator became solely the possession or title of the child out of wedlock of no recognition owing to the grant of the testator. In terms of positive law enforcement, the judges based the ruling solely on proving without probing the legitimacy of the legally flawed grant deed. This analysis employed the theory of progressive laws in an effort to seek justice by studying the problems as well as the conflict settlement of the case of grant-based heir derived from progressive law. This is a socio-legal research study using inductive approach through the perspective of post-positivism. Qualitative research was conducted primarily by collecting references from the experts in the relevant field. From this research, it can be inferred that the granting of ownership to the entire inheritance to the child out of wedlock of no recognition based solely upon a Grant Deed should not have occurred. This indicates just how weak the judiciary is, barely imposing a mere formal law as the culmination of its legal certainty resulting in the unfulfilled objectives of law, those of the benefit and equity. The pattern of progressive law is based on the progression of humans that human beings are actually good, compassionate, mutually helpful to each other, and empathetic for their fellow human beings. Indeed the true law is aimed at achieving social justice.Keywords: grant, inheritance, child out of wedlock of no recognition, progressive law.

scholarly journals Legal Protection For The Winner Of Execution Auction Over The Auction Object That Sued Before District Court

2018 ◽  
Vol 2 (2) ◽  
pp. 141-152
Author(s):  
Dwi Ayu Rachmawati ◽  
Nurini Aprilianda ◽  
Siti Noer Endah
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
The State ◽  
District Court ◽  
State Court ◽  
Know How ◽  
National Conference ◽  
Civil Suit ◽  
The Law

In the process of auction execution often arise a lawsuit over the auction implementation, this is because the auction of execution is done not on the willingness of the owner of the goods themselves but because the law gives authority to the creditors to conduct public auction on the guarantee of debtors that default. So in the process of conveyance of auction object from the seller to the auction buyer often cause a problem, such as can not be mastered by auction winner the auction object. The purpose of this research is to know how to find out how the legal protection for the winner of the auction of execution of mortgage rights in mastering the auction object on the auction object which filed the lawsuit to the state court. This research is done by normative method. Based on the research that has been done, the winner of the auction can not be directly mastering the auction object because there is a civil suit over the auction object are expanding following. This is as article 3 paragraph (1), (2), and subsection (3) of the regulation of the Minister of Agrarian Affairs and Spatial/head of the national land Agency number 13 Year 2017 on The Block and confiscation who explains that if there is a dispute or conflict over land rights law the land that became the object of the auction then blocking would have done. And the protection of the law against the winner of the auction provided by regulation of the Minister of finance Number 27/PMK. 06/2016 Hints would about implementation of auctions, HIR. In addition, in article 19 paragraph (1) of law No. 8 Year 1999 on the protection of Consumers and in the jurisprudence of the Supreme Court's verdict against RI No. 1068 K/Pdt/2008 Dated January 21, 2009 in National Conference MA Year 2011.

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