MENGGALI MAKNA ASAS LEGALITAS DAN PERKEMBANGANNYA DI INDONESIA

The principle of legality is a very fundamental principle in Positive Criminal Law and Islamic Criminal Law. The Indonesian Criminal Code Bill recognizes the principle of material legality (not absolute), so the consequence, even though it is not regulated in the legislation, is that someone's actions deserve to be punished. A person can be punished by referring to the law that lives in society. The principle of legality in positive law can actually be deviated, provided that the criminal act threatens order and security. In Islamic Criminal Law, the principle of legality can also be deviated with a note that it threatens public order and securit

Problematika Hakim dalam Menghadapi Antinomi

In deciding some cases, judges might get various antinomies. Antinomy is a contradiction between legal interests based on justice of each disputed party. The made decision must proportionally contain three principles: certainty, usefulness, and justice. If they obtain the contradiction between the principle of justice and legal certainty, they should prioritize the former. If they get the contradiction between an old statute and a new statute not abrogating the old one, they must enact the new one (lex posteriori derogat legi priori). If they find the contradiction between a superior statute and an inferior statute, they must use the superior one (lex superior derogat legi inferiori). If they get the contradiction between a statute and an court decision (Jurisprudence), they must use the latter (res judicata pro veritate habetur). If they get the contradiction between a statute and a custom law, they must prioritize the latter

Orientalis, Kolonial, dan Evangelis (Studi Pandangan Outsider dan Respon Insider)

Tidak dapat dipungkiri bahwa orientalis pada awalnya membonceng dibalik kolonialis dan mendukung agenda-agenda kolonialisasi terhadap dunia Timur. Kolonial kenyataannya juga membonceng misionaris. Sehingga orientalis, kolonial dan evangelis dapat dikatakn sebagai satu kesatuan (tripartit). Banyak komentar terhadap sepak terjang tripartit itu, baik dilakukan oleh pihak Barat (outsider) maupun oleh pihak Islam (insider). Tulisan ini menganalisis hal tersebut dan menemukan elan vital dari komentar tersebut bagi dialog antar bangsa di masa depan

Urgensi Pengembangan Kurikulum Pendidikan Hukum Menuju Peningkatan Akreditasi

The curriculum is at the heart of education Determines that all motion learning activities undertaken by educational institutions that are based on what is planned in the curriculum. The principle of Determining the curriculum, in the Faculty of Sharia and Law of the State Islamic University Sunan Kalidjaga Yogyakarta, Syarif Hidayatullah State Islamic University Jakarta, Universitas Islam Negeri Sunan Gunung Djati Depok London following a deal agreed by 30 of the 35 people Dean of the Faculty of Law, State Universities (PTN) in Indonesia on April 22, 2006 were agreed as much as 23 compulsory courses offered by the Faculty of Law of any State College (PTN), in Indonesia to his students. The number of credits available at each study program is based on the Decree Kemendikbud RI No.0211/U/1982 stating that the Program Tier 1 (One) set a minimum cumulative study of 144 credits and a maximum of 160 credits are packaged in 8 semesters to 14 semesters. Key words: curriculum development, accreditation and education. Kurikulum merupakan jantung pendidikan yang menentukan semua gerak kegiatan belajar mengajar yang dilakukan oleh institusi pendidikan yang didasarkan pada apa yang direncanakan dalam kurikulum. Prinsipnya penentuan kurikulum, di Fakultas Syari’ah dan Hukum Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Universitas Islam Negeri Syarif Hidayatullah Jakarta, Universitas Islam Negeri Sunan Gunung Djati Bandung mengikuti kesepakatan Depok yang disepakati oleh 30 dari 35 orang Dekan Fakultas Hukum Perguruan Tinggi Negeri (PTN) se-Indonesia pada tanggal 22 April 2006 yang menyepakati sebanyak 23 Mata kuliah wajib ditawarkan oleh setiap Fakultas Hukum Perguruan Tinggi Negeri (PTN), se-Indonesia kepada para mahasiswanya. Jumlah SKS yang ada pada setiap Program Studi didasarkan pada Surat Keputusan Kemendikbud R.I. No.0211/U/1982 yang menyatakan bahwa Program Strata 1 (Satu) ditetapkan studi komulatif minimal 144 SKS dan maksimal 160 SKS yang dipaketkan dalam 8 semester sampai 14 semester. Kata kunci: pengembangan kurikulum, akreditasi dan pendidika

Tinjauan Kritis Terhadap Peraturan Mahkamah Agung Nomor 2 Tahun 2012 Tentang Batasan Tindak Pidana Ringan dan Jumlah Denda dalam KUHP

Justice is one of the purposes of any legal system, even the most important is mygoal. There are still other legal purposes is also always the purpose of the law, namelyjustice, rule of law, expediency, and order. However, from the fourth grade, according tothe Greek philosopher, Plato, justice is the highest virtue. According to Plato justice is"Justice is the supreme virtue roomates Harmonize all other virtues." However, theSupreme Court Regulation No. 2 Year 2012 About Limits Lightweight CrimePenalties in the Criminal Code and the amount still falls short of justice as a whole.PERMA No.2/2012 only protect the suspect, not protecting the victim if the limit isonly a nominal loss of USD 2.5 million, but it should not be detained suspects andvictims should not be an appeal. Rp 2.5 million in Jakarta probably not worth much.But in the area, the number is very large. However, with the Supreme Court No.2/2012, the victim can not do much because the case was only a minor criminaloffense

MENGGALI MAKNA ASAS LEGALITAS DAN PERKEMBANGANNYA DI INDONESIA

The principle of legality is a fundamental principle in the Criminal Code and the Islamic Criminal Law. The Bill of Criminal Code of Indonesia recognizes the principle of material legality (not absolutely applicable). Then, the consequences, in spite of not regulated in legislation, are that the person‘s acts are worth to be convicted. The person can be convicted as based on living law in the community. The principle of legality in the positive law could be abandoned on condition that the crime threatens public order and security. In Islamic Criminal Law, the principle of legality could also be abandoned on condition that the crime threatens public order and security

Penegakan Hukum Terhadap Pelanggaran Berat Hak Asasi Manusia

Gross violation of human rights has always been stalking the world. Wars in Iraq and Palestine not only devastate buildings and infrastructure, but also above all that take the toll of thousands of civilians whose lives are supposed to be protected. United States, all this time claiming as the greatest democracy and champion of human rights, apparently is the one that inflict worst injury to democracy and human rights themselves, as apparent in the fact that until today the issues of wars in Iraq and Palestine are yet to be settled. The United Nations, in its ideal vision the spearhead of justice in global level, is in actuality cowering before the United States and its allies. Sad but true, Law becomes powerless in the face of ambitions of global political power

Reformasi dan Perlindungan Hak-hak Tahanan dan Narapidana di Lembaga Pemasyarakatan

Prisoners under the law that undergoing criminal is the prisoners with noindependence in Prisons. The state's role in protecting the rights of detainees andcorrectional Prisoners as follows: performing worship according to religion or belief,getting treatment, both physical as well as spiritual care, education and teaching, gettinghealth care and decent food, making a complaint, obtaining materials reading andfollowing other mass media broadcasts which are not prohibited, receiving family visits,legal counsel, or other specified person, a reduction of the criminal (remission), getting achance to assimilate including holidays to visit family, getting parole and getting aheadof the holiday freely. Such rights must be given to the detainees and the Prisoners asnational efforts in rolling out protection for the rights of detainees and Prisoners. But theimplementation of such rights have not been exercised since the birth of the IndonesianGovernment Regulation No. 99 Year 2012 About Conditions and Procedures ofImplementation Team Building Correctional Rights. See the reality of the need toreform the bureaucracy in the Correction Board considering the habit of prolonging theprisoners in prison to prevent the granting of a Conditional Discharge (PB),assimilation, Holidays By Independent (CMB) and Visiting Family Leave (CMK)and lack of budge

BRIBERY AND GRATUITY: REGULATORY ANALYSIS AND JUDICIAL RESPONSE

This paper is aimed at analyzing the concepts and parameters to determine an act as a bribery and gratuity in the Anti-Corruption Law and court cases.  This involved the application of the doctrinal legal research to understand these differences. The results of this study showed that bribery requires a meeting of mind between the bribe givers and bribe recipients which is not found in gratuity. The reporting mechanism and the reversal burden of proof do not apply to bribery while Operation Catching Hand does not apply to gratuity due to its inability to satisfy the provisions of the Criminal Procedure Code. Criminal sanctions are also imposed on both the giver and the recipient of a bribe while the act of a giver in gratuity is not considered as a criminal offense. The study also found that the court failed to apply these essential differences

Criminological Outlook of Overcoming Disproportionate Punishment in Environmental Crimes

Criminal determination in a number of environmental offenses still raises excessive criminal threats. The weight of a criminal for offense committed due to negligence is even more severe than the weight of the criminal for deliberate offense which causes death. Criminal weights can also not be compared in weight to offenses that have the same level of seriousness. In the Law reviewed, the criminal threat in some formal offenses is more severe than in material offenses so that it violates the principle of proportionality. Excessive crimes can be overcome through ranking offenses based on their seriousness which refers to the four models of criminalization based on environmental losses. The serious environmental pollution model places the most serious offense ranking, followed by the concrete harm model, then the concrete endangerment, and finally the abstract endangerment. After the ranking of environmental offenses is compiled, the criminal weight is determined. Spacing of penalties between the offense groups to another also needs to be determined. Keywords: Disproportionate punishment, environmental law, criminal sanctions, mining law, criminology