The Study of Legal Norms in Criminal Law Procedures Code (KUHAP) That is the Concretization of the Judge’s Independence and Impartiality Principle

The judge’s independence and impartiality principle is one of the principle or the fundamental that adopted by the criminal procedural law. This research tried to answer what is the meaning of the concretization of independence principle and judge impartiality in Criminal Law Procedures Code (KUHAP) norms of law; How the existence of norms of law that accommodates the principle independency and the judge impartiality in Criminal Law Procedures Code (KUHAP) currently and How the realization of the judge’s independence and the impartiality principle in Criminal Law Procedures Code (KUHAP) norms of law to the future. It seen from the kind of research, this is conducted as research normative law and analyzed qualitatively normative.    The research, in answer to the problems served, namely: the meaning of the concretization of the judge’s independence and impartiality principle in the norms of law of Criminal Law Procedures Code (KUHAP), the norms of law that accommodate the principle of independency and the judge impartiality are a guideline or foundation for judge in thinking, being and acting i criminal justice by the realization of truth and justice values over a criminal case. Then,  the norms law existence that accommodate the judge’s independence and impartiality principle in Criminal Law Procedures Code (KUHAP) currently, is there juridical problematic of vague of norms and vacuum of norms. The last, regarding the concretization of the judge’s independence and impartiality principle in the norms of law of Criminal Law Procedures Code (KUHAP) for the future, is the need for conducted the actions of the policy of the criminal law, by doing the revision toward the formulation of KUHAP articles that accepted today to avoid the vague and vacuum norms again that accommodates it’s judge’s independence and impartiality principle. Keywords: Norm, Legal Norm, The Judge’s independence Principle, The Judge’s Impartiality Principle; Criminal Procedure

A Judicial Philosophy Study of Criminal Judge’s Independence And Impartiality Principle

Independence and Impartiality become one of the criminal judicature principal which must be implemented by a judge in administering justice of criminal case. In this case, it covers the judge’s act in receiving, examine, and decide the criminal case. Through this article entitled: A judicial philosophy of independence and criminal judge impartiality, it raises some problems such as, what the principles of judge’s independence and impartiality in administering justice a criminal case are and how the implementation of the principle of judge’s independence and impartiality in a criminal case. This is a kind of normative law study using normative-qualitative analysis technique. Based on the result of study, philosophically, it can be seen that the principle of judge’s independence and impartiality in administering a justice of criminal case consisting of a supreme mandate to defend a law, justice and truth. Otherwise, from the judicial aspect, the implementation of principle of judge’s independence and impartiality in criminal justice can be known from the judge’s study towards the authentication done by the judge written in a verdict, whether or not there is a belief of judge towards the proof instrument shown in the court in an authentication process. Keywords: Independence and Impartiality Principle, Criminal Judge, Criminal Judicature

State Liability in Protecting Citizens from the Crime of Narcotics in the Concept of State Law Theory

The crime of narcotics is an extra ordinary crime that requires special attention because of the impacts brought by narcotics, not only on health issues, but also been penetrated on the issue of social security and the economy, which in the end will affect the sustainability of the country. One indication of rampant circulation of narcotic drugs in Indonesia was due to the ignorance of the dangers of narcotics from the society. The concept of a State of law in Indonesia constitutionally enshrined in the Constitution of the 4th amendment article 1 paragraph (3) which reads the State of indonesia is a country of law. The State has the obligation to guarantee the lives of its citizens well. Health is a basic human right and one of the elements of well-being which must be realized in accordance with the ideals of the nation of Indonesia as stipulated in Pancasila and the Constitution of the Republic of Indonesia in 1945, every activity in an effort to maintain and improve public health degrees implemented based on the principle of nondiskriminative, participative, and sustainable in the framework of the formation of human resources in Indonesia, as well as increasing the resilience and competitiveness of the nation for national development. Every single thing that causes the occurrence of health disorders in Indonesian society would cause great economic losses for the State, and every effort is increasing the degree of public health also means the investment for the construction of the country and every effort must be based on development with health insights in which the meaning of national development should pay attention to public health and is the responsibility of all parties for either government or society.To carry out these duties, then the country formed the National Narcotics Agency (BNN). The concept of the institutions set up by the State is in order to establish the legal protection for its citizens. The establishment of the National Narcotics Agency (BNN) is in order to tackle rampant narcotics circulation in Indonesia, the urge of the State to immediately tackle the narcotics problem is manifested by the establishment of the National Narcotics Agency (BNN). The implementation of State law embodied in the implementation of the norms to guarantee legal protection for the citizens of the community, including the protection of the law in granting human rights assurance for its citizens. Keywords: Narcotic crime, the obligation of the State, the National Narcotics Agency (BNN

Corruption and Its Handling Strategy in Indonesia

The law enforcement policy to eradicate corruption is one of the most important factors in the effort to achieve effective resolution of the problem of corruption that has spread to various sectors of life as a nation and state and occurs at various levels of the community to the village. The purpose of this research is to find out the meaning of corruption and investigation of corruption, law enforcement agencies authorized to investigate corruption and how to eradicate corruption in Indonesia. This research uses normative legal research methods with various approaches, including the legislative approach, historical approach and concept approach. This study uses analytical techniques with deductive logic that is processing legal materials deductively namely explaining the general and drawing it to a specific conclusion. The results showed that corruption is a special crime whose handling is extraordinary (extra ordinary). Law enforcement agencies authorized to investigate criminal acts of corruption include, the Republic of Indonesia Police Investigator, Investigating Prosecutors, and Corruption Eradication Commission Investigators. In the process of enforcing criminal acts of corruption, there are at least two important methods to be carried out namely prevention and enforcement methods (Tapping is an effective and effective strategy to trace the role of the perpetrators of corruption which will later be used as evidence in the trial). Keywords: Corruption, Investigation, eradication of corruption, wiretapping. DOI: 10.7176/JLPG/92-25 Publication date: December 31st 201

Faktor Penyebab Terjadinya Kerusuhan dan Anarki Serta Upaya Penanggulangannya (Studi di Rumah Tahanan Negara Klas 1 Surabaya)

Hukum pidana berfungsi mengatur dan menyelenggarakan kehidupan masyarakat agar dapat tercipta dan terpeliharanya ketertiban umum. Manusia hidup di penuhi oleh berbagai kepentingan dan kebutuhan, antara kebutuhan yang satu dengan yang lain tidak saja berlainan, tetapi terkadang sering bertentangan. Dalam rangka memenuhi kebutuhan dan kepentingan ini, manusia bersikap dan berbuat. Penerapan Asas Praduga Tidak Bersalah, adanya persamaan dimuka hukum tanpa diskriminasi, sesuai Pasal 27 ayat (1) UUD 1945 yang menyatakan penghayatan, pengamalan, dan pelaksanaan Hak Asasi Manusia maupun Hak serta Kewajiban warga negara untuk menegakkan keadilan menjadi suatu keharusan yang mendasari setiap warga negara, setiap penyelenggaraan negara, setiap lembaga kenegaraan dan lembaga kemasyarakatan, baik dipusat maupun didaerah. Jenis penelitian hukum ini adalah jenis penelitian hukum empiris yaitu penelitian terhadap keadaan nyata atau pada lapangan yang ada pada kawasan Rumah Tahanan Negara Klas 1 Surabaya yang di dalamnya ditemukan kasus mengenai terjadinya kerusuhan dan anarki serta tata cara upaya penanggulangan kerusuhan dan anarki. Metode yang digunakan dalam penelitian ini adalah metode pendekatan secara yuridis kriminologis, yaitu suatu penelitian dengan memahami gejala kejahatan didalam pergaulan masyarakat atau penanggulangan kejahatan yang meliputi perbaikan narapidana dan upaya mencegah atau mengurangi kejahatan yang mungkin akan timbul

Ratio Legis of Regulation of Single Organizations of Advocates in Law Number 18 of 2003 Concerning Advocates

Article 28 paragraph (1) Law Number 18 of 2003 concerning Advocate mandates a single advocate organization. Based on this provision, PERADI was formed, which is an advocate organization in Indonesia. However, in its development, the Supreme Court issued the Chief Justice Letter of the Supreme Court Number 73 / KMA / HK.01 / IX. / 2015 which authorizes the high court to swear an attorney who meets the requirements of any advocate organization. The enactment of the Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015 is deemed to have damaged the system of appointing advocates and has decreased the quality of the advocate profession. The method used in this research is the normative legal research method. The results of this study are ratio legis concerning the regulation of a single advocate organization as referred to in Article 28 paragraph (1) of Law Number 18 of 2003 concerning Advocates is to maintain the professionalism and moral integrity of Advocates. With an educational function, the advocate professional forum was formed to improve the quality of the profession. This also concerns its position as a free and independent organization. It is hoped that the Advocate organization can become an institution that maintains and helps uphold the values of justice in society by being a counterweight to other law enforcement agencies