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Journal : Justness : Jurnal Hukum Politik dan Agama

PENGAWASAN PARTISIPATIF MASYARAKAT UNTUK MEWUJUDKAN PEMILU JUJUR DAN ADIL Suryadi, Mohammad Anton
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 1 (2023): March 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i1.40

Abstract

Abstrack Community participatory supervision as an effort to realize honest and fair general elections is urgently needed to ensure transparency, accountability and integrity in the administration of elections. The essence of the people as holders of electoral sovereignty guaranteed by the constitution has the right not only to elect leaders directly, but also the right to supervise that elections are held without fraud, intimidation or unhealthy political influence. The practice of money politics that often occurs in election contests results in the degradation of democracy in selecting leaders. In the context of democracy, elections are important moments whose integrity must be maintained in order to represent the people's voice in a real way, so that elections are able to realize the people's aspirations to have leaders who have integrity, are competent and are not corrupt. Therefore, community participatory supervision is considered as a form of social control that can monitor and ensure the integrity of elections. Keywords: Monitoring, Community, Election.
ANALISIS PERBUATAN MENGHALANGI PROSES PENYIDIKAN, PENUNTUTAN DAN PERADILAN (OBSTRUCTION OF JUSTICE) DALAM SISTEM PIDANA DI INDONESIA Suryadi, Mohammad Anton; Zainal, Muhammad
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): Desember 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.46

Abstract

ABSTRACT Obstruction of justice or what is betterly known as the acts of obstructing to the judicial process is a type of crime because its action is considered to hamper the law enforcement system and damage to the image of law institutions. The obstruction of justice aims to obstruct or have effect to pervert the legal process and to disrupt the proper function of a judicial process. Another definition of obstruction of justice is an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threatening witnesses, inappropriate conversations with the jury (judge), hiding evidence, or interfering with the arrest process. Therefore, the obstruction of justice is considered as any types of intervention to the entire legal and justice process from beginning till ending. Therefore, the obstruction of justice is categorized as a type of criminal acts of the contempt of court. The criminal law system of Indonesia normatively regulates acts of obstructing the justice process in many regulations, both generally in the penal code and the specific criminal laws that regulate the eradication of corruption, the eradication of terrorism, the eradication of human trafficking, prevention and eradication of money laundering and narcotics law. The point that needs to be paid attention to regarding acts of obstructing the judicial process in the penal code is that of many articles that can be analogous as the acts of obstructing the judicial process, there are 2 (two) articles that clearly state the elements of preventing, obstructing, thwarting, causing trouble, obstructing the judicial process. The same elements have also been regulated in the articles which constitute as the acts of obstructing to the judicial process in the specific criminal laws. Keywords: the acts of obstructing to the judicial process, Criminal System of Indonesia