320 research outputs found
Model Pengembangan Kompetensi Guru Madrasah Aliyah
This research seeks to: describe teacher competence and proposes a hypothetic model for teacher competence development in Madrasah Aliyah of Yogyakarta. This article uses Research Development (R D) method to design techer competence development model, and data collection is based on questionaries, interview and Focus Group Discussion (FGD). Some aspects of teacher competence measured in this research include: paedagogical competence, personal competence, professional competence, and social competence. The result shows that some aspects of the teacher competences in the Madrasah that are still need to be improved are as follow: 1) Paedagogical competence. The Madrasah teachers in Yogyakarta are still need to improve their capacity in facilitating students’ ability in actualizing and expressing their their potential and capacity; 2) Personal competence. The teachers needs to improve and develop their self-government and self-descipline in a professional way; 3) Professional competence. The teachers need to develop their aptitude and professionalism sustainably in order to conduct a reflective action and be able to use iformation technology during the course of teaching-learning process; 4) Social competence. The teachers need increase their skill in communicating with their collagues and among the academic communities. Ketwords: Teacher competence, the madrasah, education, teaching-learning development
The Meaning of the Phrase "Degrading Act" in the Criminal Offense of Insulting the President or Vice President
This study examines Law No 1 of 2023 concerning the Indonesian Criminal Code, mainly focusing on the provision regarding the insult of the President and/or Vice President in Article 218, paragraph 1. The research employs a normative juridical approach, explicitly analyzing the grammatical interpretation of the phrase "Degrading Act". The findings indicate that the "Degrading Act" encompasses actions that disrupt judicial processes, threaten judges, and insult the judiciary. This includes defacement, writing, drawing, or damaging national symbols, even when such actions deviate from their intended form, size, or colour. Notably, the study demonstrates that the categorization of the "Degrading Act" extends beyond mere legal definitions, encompassing considerations of societal propriety. By providing a comprehensive analysis of the legal and societal dimensions of insulting state leaders, this research contributes to a more nuanced understanding of the evolving legal landscape in Indonesia. Furthermore, the study offers a clearer understanding of the legal aspects concerning insults towards state leaders and contributes to the changing legal landscape in Indonesia
Juridical Overview of the Authority for the Confiscation of Evidence in the Code of Criminal Procedure and Book II of the Technical Guidelines for Administration and Technical Guidelines for General and Special Criminal Court Proceedings of the Indonesia Supreme Court
This study aims to conduct a juridical review of the authority to seize evidence as regulated in the Indonesian Criminal Procedure Law (KUHAP) and Book II of the Technical Guidelines for the Administration and Technicalities of General and Special Criminal Justice by the Supreme Court. The research involves the analysis of legal texts, namely KUHAP and relevant technical guidelines, and the review of pertinent literature. The research findings reveal that the Supreme Court clearly outlines the authority to seize evidence in the Indonesian criminal procedure in KUHAP and Book II of the Technical Guidelines for the Administration and Technicalities of General and Special Criminal Justice. However, certain ambiguities and variations in interpretation exist in its practical implementation. Therefore, there is a need for harmonisation and refinement of regulations and an enhancement of the understanding and awareness among legal practitioners regarding the authority to seize evidence. This research contributes significantly to understanding the role of evidence seizure in the Indonesian criminal justice system. It could improve legal practices related to the exercise of this authority
The Authority of Pretrial Judges in Assessing the Authority to Calculate State Financial Losses in Proving the Elements of The Corruption Offence Article
Pretrial is a court process used to assess the actions of law enforcement in search, seizure, arrest, detention, and suspect determination. The scope of pretrial was expanded after a Constitutional Court decision in 2015. However, there are different interpretations of this decision. Some pretrial decisions focus on the authority of the institution declaring state financial losses, while others only look at formal evidence without assessing quality. This study aims to determine whether pretrial judges have the authority to assess which institution has the authority to declare state financial losses. The research method used in this research is normative research method through statute approach and case approach. This research concludes that the authority to assess which institution has the authority to declare the existence of state financial losses is included in the subject matter of the case. Based on Supreme Court Regulation No. 04/2016 on Prohibition of Judicial Review of Pre-Trial Decision which states that pre-trial judges only assess the formal aspects, namely related to the fulfilment of 2 (two) evidence and do not enter the subject matter. To ensure consistency in pretrial decisions and legal certainty, a Supreme Court regulation or circular letter should specify the pretrial object and authority for declaring state losses. A special task force of pretrial judges appointed by the District Court Chief Justice should also be created to handle pretrial decisions and ensure consistency and legal certainty
Analysis of the aircraft manufacturer IPTN, an Indonesian state-owned company
This thesis deals with Indonesia's state-owned aircraft manufacturer, IPTN. The objective of the thesis is to analyze trends in IPTN's investment. In particular, it analyzes the impact of IPTN's capital formation over the 1976 - 1992 period on Indonesia's GDP. First a brief description of IPTN's background and Indonesia's economic condition is presented. Second, an assessment is made as to why IPTN should have strategic planning to compete in the international market. Third, based on econometric analysis, IPTN's prospects for the future are examined. As is typical with econometrics, the data is incomplete; however, a trend can be identified. The model used shows that the government's investment in IPTN does not appear to have a significant impact on Indonesia's economic growth, as measured by GDP. Finally, recommendations for IPTN are made, including accepting foreign and private investors and utilizing a niche marketing strategy. A strategic planning program for international marketing is also outlined.http://archive.org/details/analysisofircraf1094531339NANAIndonesian Air Force author
Local Wisdom as the Basis for Determination of Legislation Related to Public Order
This paper reviews how the mechanism for absorbing local wisdom values in the formation of criminal sanctions in the process of forming regional regulations in districts, namely Ponorogo, Magetan, and Madiun Regencies, East Java Province. This research is empirical legal research using a juridical-sociological approach. Based on the results of the discussion, local wisdom in the studied districts, which is characterized by sociological studies as a Mataraman cultural character, does not exist in the formation of local regulations on public order. It can be seen that there are differences in the determination of criminal sanctions in regional regulations regarding public order. This is because there is still a need for more specific regulations governing the mechanism for forming regional regulations to accommodate the interests of local wisdom to be contained in norms as sanctions in regional regulations. Thus, in the future, it is necessary to develop national standard parameters for making regional regulations and design a linkage mechanism between these standard mechanisms and the legal values of local life that live in society, which can bridge the two domains.
How to cite item: Madjid, Abdul. “Local Wisdom as the Basis for Determination of Legislation Related to Public Order.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 114-125. DOI: 10.26905/idjch.v14i2.10843
The Submission of Judicial Review by the Public Prosecutor Following the Decision of the Constitutional Court No 20/PUU-XXI/2023 (Indonesia): an Examination of Legal Protection for the Rights of the Convicted
This study aims to analyse the essence of the application for reconsideration by convicts and their heirs post the Constitutional Court Decision No 20/PUU-XXI/2023 and to evaluate the reconsideration by the Public Prosecutor from the perspective of the principle of legal protection of the rights of convicts. The research methodology employs a conceptual, legislative, and historical approach. Primary legal materials consist of laws and judgments, while secondary legal materials encompass textbooks, journals, and commentaries on court decisions. The legal materials are analysed qualitatively through content analysis, identifying relevant concepts within the criminal justice system. The research findings indicate that the procedure for convicts to apply for reconsideration is tightly regulated by Article 263 and Article 264 of the Criminal Procedure Code (KUHAP). Convicts must submit a request for reconsideration that includes the reasons underlying the request. This formal requirement must be fulfilled for the reconsideration request to be accepted. The Constitutional Court Decision No 20/PUU-XXI/2023 has significant implications for legal certainty, particularly regarding the right of the Public Prosecutor to submit a reconsideration request. The decision states that the right to submit a reconsideration request is only held by convicts or their heirs, in line with Constitutional Court Decision No 33/PUU-XIV/2016. This is aimed at preserving legal certainty and avoiding ambiguous interpretations of the provisions in the KUHAP. The principle of legal protection of the rights of convicts through reconsideration is crucial to ensure that convicts have fair and transparent access to the legal process. Although the Constitutional Court's decision has limited the Public Prosecutor's right to submit a reconsideration request, it aligns with the principle of protection of convicts' rights to ensure that the legal process is conducted fairly and according to the applicable law
Indonesia Regulation Authority of the State’s Attorney in Efforts to Restore State Financial Losses Due to Corruption Crimes
Indonesia Regulation Authority of the State Prosecutor's Office in Efforts to Restore State Financial Losses Due to Corruption Crimes. Corruption in Indonesia causes huge financial losses to the state. The replacement money regulated in Article 18 of the Indonesia Corruption Eradication Law as one of the additional crimes still leaves problems. This is because if the corrupt convict does not return the replacement money, the convict may be subject to a subsidiary prison sentence whose sentence does not exceed the principal sentence. However, Article 64 paragraph (2) of the Indonesia State Treasury Law states that criminal decisions do not exempt from demands for compensation. Therefore, the replacement money that has not been or is not paid by the corruption convict is still the state's financial receivables. The author sees that there is a limitation in the authority of the state’s attorney (the State Prosecutor) in an effort to recover state financial losses due to corruption due to conflict with the provisions in Article 18 paragraph (3) of the Law on the Eradication of Corruption Crimes with Article 64 paragraph (2) of the State Treasury Law. This paper is normative juridical research with a statutory approach, a conceptual approach, and a case approach. The results of this study are the existence of misconceptions in the limited authority of state attorneys in an effort to recover state financial losses due to criminal acts of internal corruption. This has implications for the accumulation of state financial losses in the form of replacement money that is not returned by the convict and becomes state financial receivables. Thus, it is necessary to strengthen the authority of state attorneys through the seizure of assets resulting from criminal acts of corruption through civil proceedings (civil procedure)
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