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Yanto, M.
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Humanities Decision Sciences, Operations Research & Management Education Electrical & Electronics Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Independent

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A COMPARATIVE STUDY OF JUDICIAL RESTRAINT AND ACTIVISM ON THE MATERIAL REVIEW OF PRESIDENTIAL THRESHOLD IN THE CONSTITUTIONAL COURT NAHDLIYAH, HADZIQOTUN; SASTRADINATA, DHEVINAYASARI; WINARNO, JATMIKO; TJAHJANI, JOEJOEN; YANTO, M.
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.213

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AbstractThe doctrine of Judicial Restraint and Judicial Activism has become a debate indemocraticcountriesondecisionsrelatedtothepresidentialnominationthreshold(presidential threshold) made by the Constitutional Court. In the application of judicialrestraint, judges are more self-limiting in deciding a case and are more restrained in theirauthority, in contrast to judicial activism which is more active and brave in providing newlegal breakthroughs on the norms being tested. In this paper, the formulation of the problemto be discussed is How the Decision of the Constitutional Court Judges Applying the Doctrineof Judicial Restraint Against the Presidential Threshold Lawsuit in the Presidential Electionand the Development of Democracy in Indonesia and How the Relationship between theDecision of the Constitutional Court Judges Using the Doctrine of Judicial Activism Againstthe Presidential Threshold Lawsuit in the Presidential Election and the Development ofDemocracy in Indonesia. This paper also uses normative legal research methods, which is aprocess to analyze legal rules, legal principles and legal doctrines. The problem approach inthis writing is the statute approach and conceptual approach.
Elements of Possessing and Controlling Narcotics Class I Not Plants Article 112 Paragraph (1) of Law Number 35 of 2009 Concerning Narcotics (Study of Lamongan District Court Decision Number: 221/Pid.Sus/2021/PN.Lmg) Yanto, M.; Winarno, Jatmiko; Royani, Ahmad
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.239

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AbstractThe state of Indonesia is a state of law. This is stated in Article 1 paragraph (3) of the Constitution of the Republic of Indonesia Year 1945 (hereinafter referred to as the 1945 Constitution) as a result of the Third Amendment to the 1945 Constitution. The State of the Republic of Indonesian a state of law respects and protects those who are suspected or suspected of committing criminal acts by granting rights to them in an effort to prove whether the person concerned is really a criminal offender or not. Based on the elements of possessing and mastering, it can be concluded that the element of possessing Article 112 paragraph (1) of Law No. 35 of 2009 can mean that the perpetrator illegally took the item (narcotics) to be used as his possession. While the element of "control" can mean that the perpetrator may not be a narcotics but can perform other actions that show the perpetrator really has power over the item. Based on the description, the public prosecution should be able to accommodate the provisions of Article 127 paragraph (1) of Law Number 35 of 2009, so that there is an alternative charge Third to entangle the Defendant with three alternative charges, namely First: Article 114 paragraph (1), Second: Article 112 paragraph (1), and Third Article 127 paragraph (1) of Law Number 35 of 2009.
Challenges and Dynamics of Governance Law Implementation: A Critical Perspective In The Contemporary Context Yanto, M.; Royani , Ahmad; Nahdliyah , Hadziqotun
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.301

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Abstract The implementation of government law in the contemporary context poses complex challenges and changing dynamics. This article outlines the diverse aspects that influence the effectiveness of governmental legal systems, as well as presents a critical perspective on addressing these challenges. Political polarization, technological advancements, and global interconnection are major factors influencing the implementation of government laws. High political polarity can hinder effective policymaking and law enforcement processes, while technological advances, such as the internet and social media, bring new challenges in regulating the behavior of people and private entities. Global interconnection complicates the implementation of governing laws because events in one country can have far-reaching repercussions in another, requiring strong international cooperation in law enforcement. Inequality of access to the justice system, high litigation costs, and lack of legal information are also obstacles to obtaining justice. Some individuals may struggle to access adequate legal aid or face financial difficulties in bearing the costs of litigation. In addition, a lack of understanding of their rights or due process can make it difficult for individuals to fight for their rights in the justice system. To address these challenges and dynamics, comprehensive strategic measures are needed, including strengthening government legal institutions, increasing transparency and accountability, using technology in law enforcement, strengthening international cooperation, and community empowerment. Thus, it is expected that the implementation of government law can be more effective and responsive to the needs of society in the complex contemporary era.
Co-Authors Efendi, Yuhronur Nahdliyah , Hadziqotun Nahdliyah, Hadziqotun Royani , Ahmad Royani, Ahmad SASTRADINATA, DHEVINAYASARI Tjahjani, Joejoen Winarno, Jatmiko