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All Journal DE JURE Jurnal Cita Hukum Jurnal Hukum Novelty Tadulako Law Review Jurnal IUS (Kajian Hukum dan Keadilan) JUSTITIA JURNAL HUKUM Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Res Judicata Jurnal Hukum Volkgeist Pagaruyuang Law Journal Ekspose: Jurnal Penelitian Hukum dan Pendidikan Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Jurnal Pengabdian Kepada Masyarakat MEMBANGUN NEGERI Indonesian Journal of Criminal Law Musamus Law Review Nurani Hukum : Jurnal Ilmu Hukum Abdi Dosen : Jurnal Pengabdian Pada Masyarakat Cepalo SASI Indonesian Journal of Law and Economics Review Jurnal Kewarganegaraan Title of The journal Audito Comparative Law Journal (ACLJ) Journal Of Human And Education (JAHE) Legal Protection for the Partnership Agreement Parties
Safrin Salam
Faculty Of Law Universitas Muhammadiyah Buton, Baubau
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Journal : Musamus Law Review

 1 
The Existence Legal Certainty of the Truth and Reconciliation Commission in Indonesia Safrin Salam; Rizki Mustika Suhartono
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.2849

Abstract

Indonesia is a country that has a history of gross human rights violations. However, the case has not been resolved. In addition to settlement through the court, a reconciliation pattern is highly recommended in the settlement of the case in question. But the rules on reconciliation have been canceled by the Constitutional Court. The results of the study concluded that the Settlement of cases of gross human rights violations was resolved with a pattern of reconciliation with the establishment of an independent institution (KKR). Besides that, the pattern of reconciliation can also be done in a family way. Reconciliation arrangements exist in several regions in Indonesia, namely Papua, Aceh and Palu Reconciliation patterns that exist in these rules vary, there are those who use the TRC pattern there are also those who use family reconciliation patterns.
Implementation of State Administrative Court Decisions: Conception, and Barriers Imron Rizki A; Rizki Mustika Suhartono; Safrin Salam
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3449

Abstract

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.
The Existence Legal Certainty of the Truth and Reconciliation Commission in Indonesia Safrin Salam; Rizki Mustika Suhartono
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.2849

Abstract

Indonesia is a country that has a history of gross human rights violations. However, the case has not been resolved. In addition to settlement through the court, a reconciliation pattern is highly recommended in the settlement of the case in question. But the rules on reconciliation have been canceled by the Constitutional Court. The results of the study concluded that the Settlement of cases of gross human rights violations was resolved with a pattern of reconciliation with the establishment of an independent institution (KKR). Besides that, the pattern of reconciliation can also be done in a family way. Reconciliation arrangements exist in several regions in Indonesia, namely Papua, Aceh and Palu Reconciliation patterns that exist in these rules vary, there are those who use the TRC pattern there are also those who use family reconciliation patterns.
Implementation of State Administrative Court Decisions: Conception, and Barriers Imron Rizki A; Rizki Mustika Suhartono; Safrin Salam
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3449

Abstract

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.
Criminal Asset Forfeiture In The Sense Of Extraordinary Confiscation Hadi Supriyanto; Safrin Salam; Waode Novita Ayu Muthmainna; Hasni Hasni; Supardi Supardi
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i2.5425

Abstract

The meaning of confiscation in principle explains that the proceeds of crime must be confiscated, this aims to prevent the convict from being able to utilize or benefit from the criminal acts he committed. Conceptually, confiscation is a State action that is carried out carefully and procedurally. This means that forfeiture requires a strict legal evidentiary instrument first because without it there could be abused of power in its implementation. In Indonesia, the meaning of confiscation is the efforts of law enforcement officials in their interests to prove cases and / or investigations (Article 1 point 16 of the Criminal Procedure Code), with this understanding, the intended confiscation is limitative. The procedure for confiscation is regulated in articles 128, 129 and 130 of the Criminal Procedure Code or the same points as ordinary confiscation. The goal of criminalizing behaviour that generates huge profits illegally is not enough just to punish physically, even if caught and punished, it is possible that these criminals can enjoy their illegal profits. For this reason, a set of administrative rules is needed that can be used as a foothold for deprivation in the face of criminalization.
Co-Authors A. ST Kumala Ilyas Albert Pede Andi Marlina Andy Arya Maulana Wijaya Darmawan Wiridin Eko Azhar Hadi Supriyanto Handar Subhandi Bakhtiar Handar Subhandi Bakhtiar Haritsa Haritsa Hasni Hasni Hendrik Ruben Gelong Hijrah Lahaling Imron Rizki A Imron Rizki A Imron Rizki A Jenny K. Matuankotta Kayode Muhammed Ibrahim Kindom Makkulawuzar, Kindom Kingdom Makkulawuzar Kunthi Tridewiyanti La Ode Adnan La Ode Muhammad Karim Mahrita Aprilya Lakburlawal Muh Sutri Mansyah Mustakim La Dee Mya Dita Wulandari Noviyanti Malaha Nurul Miqat Pajaru Lombu Pieter Radjawane Rahmawati Rambu Hada Indah Rambu Susanti Mila Maramba Rasmala Dewi Rizki Mustika Suhartono Rizki Mustika Suhartono Rizki Mustika Suhartono Ruliah Ruliah Saharuddin Saharuddin Siti Alfisyahri Lasori Siti Alfisyahrin Lasori Sri Warjiyati Sri Warjiyati Sri Warjiyati Supardi Supardi Umar Umar Faruq Wa Ode Zamrud Waode Novita Ayu Muthmainna Yudin Yunus Yusran Yusran