The Potential in Expanding the Authority of Religious Court in Settling the Lowest Level of Domestic Battery Cases between Married Couple

This article discusses about the pontential in expanding the authority of Religious Court in settling the lowest level of domestic battery cases between married couple. This issue is remarkable in a sense that as far as it concerned, the settlement of domestic battery cases in Indonesia is the authority of District Court. According to the regulation in Article 49, Constitution Number 3 year 2006 about the ammendement of Constitution Number 7 year 1989 about Religious Court, stating that the authority is merely limited to marriage affairs (including about divorce), inheritance, will, hibah, wakaf, zakah,infaq, shadaqah, and Sharia economy. Meanwhile, domestic abuse cases are known to be the prominent factor of divorce in Indonesia. Therefore, it is such an unfortunate when Religious Courts are responsible for to judge the final result but not with the process (background of the problem). This study is being discussed based on several theories, those are the theory of National Law of Pancasila, theory of authority, objective theory of law and theory of Maslahah Mursalah (Hifzun Nasl). Finally, it can be concluded that, ideally, Religious Court shall possess the authority to conduct a court on domestic battery case since it is the reason why divorce usually happen. It is basically peculiar when religious court only able to decide the divorce statement of a marriage couple without considering the background of the divorce (domestic battery). Keywords: Low level of domestic batter

Transformation of the Value of the Local Wisdom Krik Slamat Sumbawa Regulation in the Formation of Regional Settlement of Conflict Management Lar

The values ??of indigenous communities krik slamat sumbawa used as a means of conflict resolution Lar land management (grazing paddock together). Then the values ??of local wisdom Krik this Slamat ditransformasiakan into Sumbawa Regency Regulation on the management of conflict resolution Lar. Land conflict is a matter of life and death, self-esteem, kumunitas existence, acknowlege culture, means silaturrahmi, wujut ideology, and worldviews know Samawa (person/people Sumbawa), shift function paddock grazing land together (Lar) in Sumbawa society is inevitable. The shift function is visible from social functions, ecosystems, spiritual and cultural sumbawa, associated with Lar land as grazing paddock together. Based on field data and research results, that conflict management Lar Badi (name paddock grazing together in the village of Badi) that occurred in 2008 to 2009 among a group of farmers with pertenak. In the conflict settlement approach positive law can not provide a sense of justice for both siding, the way in which by the way is musakara (consultation / mediation) Tokal Barema (seated together) who gave birth to peace of mind and satisfaction in shades of kinship (relatives) and glorify each other (mutual satingi), then shame (ila) as symbol honor society accomplish their sumbawa in what has become a common consensus. So the value of krik slamat transformation can animate the substantive law and the legal structure and legal culture of law, in the form of Sumbawa Regency Regulation on the management of conflict resolution Lar. Keywords: Conflict Lar, value krik slamat, Kosensus, Transformatio

Formulation of Criminal Sanctions in the Regional Regulation in Indonesia

Local regulations as one of the forms of legislation nearly all impose sanctions on violators. This is understandable because of the sanctions is part of the preventive efforts to enforce local regulations. Especially with regard to sanctions, local regulations can regulate penal and administrative sanctions. Differences in the offense led to uncertainty related to a prohibited act in several regions in Indonesia. The uncertainty will cause people harmed. Indonesian society is high mobility between regions led to the regional community A convicted of acts prohibited in area B when A is not prohibited in the area. Legal certainty should be understood as a condition, in which the law is applied to the clear certainty to the subject and the object clearly. The law gives certainty to every citizen who under legal proceedings and sanctions when violated or they violate the law. Besides the legal certainty should also be accompanied by the legal process that applies equally to anyone who violates the law. Problems encountered in regulating the establishment of criminal sanctions in it is guidance formation is not clear and is very common. The guidelines for the amount of sanctions is regulated in detail but in the guidelines for determining the act / offense is not set. This is exactly what led to inter-regional arrangements regarding the act / offense prohibited different and cause legal uncertainty. Keywords: Formulation, Criminal Sanction, Regional Regulatio

Juridical Studies on Remission Award against Convicted Criminal of Drugs in Indonesia Imprisonment System

Remission is given to convicted criminal by Government of Republic of Indonesia for giving them guidance based on conceptual system, which is guiding with giving spiritual education/guidance and skill with hope all guilty people who are in Prison will be better and deserve to get remission, with goal after released or free from Prison they will not repeat their criminal action anymore. Keywords: Remission, Convicted Criminal, Criminal Action of Drugs

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

FAKTOR-FAKTOR YANG MEMPENGARUHI GAGALNYA MEDIASI DALAM PENANGANAN PERKARA TANAH DI PENGADILAN NEGERI AMBON

AbstrakPelaksanaan mediasi dalam penyelesaian perkara perdata di Pengadilan pada hakikatnya merupakan bentuk implementasi dari musyawarah mufakat. Hal ini diatur dalam Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan. Pengintegrasian mediasi kedalam tata beracara di Pengadilan salah satunya bertujuan untuk menekan jumlah perkara yang naik ke tingkat banding maupun kasasi. Apabila perkara dapat didamaikan melalui mediasi di Pengadilan Tingkat Pertama maka dapat meminimalisir penumpukan perkara pada tingkat banding dan Kasasi. Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisis faktor-faktor yang mempengaruhi gagalnya proses mediasi dalam mencapai kesepakatan damai di Pengadilan, khususnya di Pengadilan Negeri AmbonKata kunci:  Mediasi di Pengadilan, Perkara Perdata, Pengadilan Negeri Ambon AbstractImplementation of mediation in completion of the civil cases at the court basically was an implementation of discussion to reach an agreement. These matter was arranged at regulation by the court of law No. 1/2016 about mediation procedure at the court. Mediation integration into be in session of court have purpose to suppress amount of case that climb to consideration or appeal to supreme court. Purpose of this research are to find out and analyze factors that influenced failed of mediation to reach agreement at the court, especially at Ambon state-owned courtKeyword: Mediation in Court, Civil Law, Ambon state-owned cour

HAK INGKAR NOTARIS SEBAGAI SAKSI DALAM PERADILAN PIDANA

the purpose of this study was to find out why the notary right of refusal can not be used in criminal justice and what are the legal implications of a notary if a notary becomes a witness in a criminal court. This research uses normative juridical research method with the approach of legisla- tion, conceptual, historical, case. The notarization rights can not be used in criminal justice because the criminal proofing system in Indonesia, the position of witness testimony in the search for truth materill, and the principle of examination of judge who directly and orally. As well as the legal implications arising from the right to a notary if the notary has been approved by the Notary Board of Honor (MKN) to appear as a witness in a criminal court that the notary’s right is void. DOI: http://dx.doi.org/10.17977/um019v3i12018p00

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