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All Journal Jurnal Konstitusi Wacana Paramarta: Jurnal Ilmu Hukum UNTAG Law Review Jurnal Konstitusi Iustitia Omnibus (Jurnal Ilmu Hukum)

Dudu Duswara Machmudin

Faculty Of Law, Langlangbuana University, Bandung

Author-ID : 523293

Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

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Articles

Title

Optimalisasi Peran Hakim Agung dalam Penyelesaian Perkara Kasasi dan Peninjauan Kembali Machmudin, Dudu Duswara
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

This article aims to provide knowledge and understanding on the functions of the state law enforcement agencies in Indonesia. Differences of powers and functions of law enforcement agencies such as the Supreme Court, Attorney Generalâ€™s Office and the Constitutional Court needs to be understood in depth. Furthermore, given the problems in all courts all over the world which is, among others, the slow settlement of cases, this article describes and analyses the role of Supreme Court Justices in resolving cassation and review cases before and after the issuance of the decree of the Chief Justice Number 119/KMA/SK/VII/2013 regarding the determination of the Day of Deliberation and Pronouncement and Number 214/KMA/SK/XII/2104 concerning Time Period for the Handling of Cases at the Supreme Court. However, when Constitutional Court pronounced Ruling Number 34/PUU-XI/2013 a problem arises in which the products of the two state judicial bodies seem to be inconsistent, especially in the framework for the resolution of criminal cases. On the one hand, the Supreme Court wants the creation of a judicial process that is simple, speedy, and low cost through the strengthening of the two products above, but on theÂ Â Â other hand the Constitutional Court through its award extend the time span of litigation process for the settlement of review cases which can be done repeatedly. Thus, in order to provide legal certainty, the Supreme Court issued Supreme Court Circular Number 7 Year 2014 which essentially affirms that the petition for review in criminal cases is limited only one time based on other legal basis namely Judicial Authority Act and Supreme Court Act.

Mengembalikan Kewibawaan Mahkamah Agung Sebagai Peradilan Yang Agung Dudu Duswara Machmudin
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Authority, protection, legal certainty and justice are absolute requirements for a country which is based on law. All judges should endeavor to harmonize justice based on the provisions of law (legal justice), justice based on morality (moral justice) and justice based on the will of the people (social justice). Supreme Court as the highest of all courts in the country should be filled with Justices who act as the reformer of law to realize clean court. The great authorities and duties the justices have require a high degree of responsibility in order that the decisions issued are for the sake of justice and in the Name of God Almighty. This denotes that law enforcement, truth and justice must be accounted for either to human or God. Supreme Court Justices are expected to integrate the three concept of justices in order that harmonization of legal responsibility and social satisfaction which is built on morality based on goodness and badness as the standard can be realized. As the Reformer of law, Supreme Court Justice should be able and have the courage to make breakthrough which is not against the law and social justice and the morality itself.

Co-Authors Gun Gun Nugraha Herwan Budiah Iswanti Iswanti Jafar Sidik Joko Trio Suroso R. Nurul Nurachman

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