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Jurnal Hukum dan Peradilan
Published by Pusat Penelitian dan Pengembangan Hukum dan Peradilan MA RI
ISSN : 23033274     EISSN : 25281100     DOI : https://doi.org/10.25216/jhp
Core Subject : Economy, Social,
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice
Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, empirical, and contributive literature on the dynamics and development of legal studies, specifically in Indonesia. JHP welcomes scientific papers on a range of topics from research studies, judicial decisions, theoretical studies, literature reviews, philosophical and critical consultations that are analytical, objective, and systematic. However, from a wide range of topics that researchers can choose from, JHP puts more attention to the papers focusing on the sociology of law, living law, legal philosophy, history of national law, customary law, literature studies, international law, interdisciplinary, and empirical studies. Jurnal Hukum dan Peradilan (JHP) is a media dedicated to judicial personnel, academician, practitioners, and law expertise in actualizing the idea of research, development, and analysis of law and judiciary. Jurnal Hukum dan Peradilan comes out three times a year in March, July, and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 1, No 2 (2012)" : 6 Documents clear
PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA Slamet Tri Wahyudi
Jurnal Hukum dan Peradilan Vol 1, No 2 (2012)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.207-234

Abstract

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law
Evaluasi Atas Implementasi Pasal 45A UU Mahkamah Agung Asril Asril; Dimas Prasidi
Jurnal Hukum dan Peradilan Vol 1, No 2 (2012)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.293-310

Abstract

The high of arrears cases at the Supreme Court in the early 2000s pushed through the Blueprint for Reform Supreme Court in 2003 to require the regulation limiting the appeal court in law. The request was eventually fulfilled in part by the Parliament and the Government. In 2004 the Parliament and the Government to revise Law. 14 of 1985 on the Supreme Court through Law no. 5 of 2004. In law there is a set of 3 (three) types of cases that can not be appealed, the pretrial, the threat of criminal criminal highest 1 year in prison and a case in which the decision of the State Administrative TUN officials disputed that its range is only in the area. But after the law was passed that the case turns into flows MA instead of decreasing but increasing. Many factors are causing the higher the current case, but an evaluation of the effectiveness of regulations limiting case still deemed necessary. This study is intended for this purpose. In this simple study researchers tried to test some of the provisions limiting case, that restrictions on criminal cases the threat of criminal highest 1 year in prison and / or fines. Keywords: Evaluation, Implementation, Supreme Court
PEMIDANAAN TERHADAP PENGEDAR DAN PENGGUNA NARKOBA : Penelitian Asas, Teori, Norma dan Praktik Peradilan Lilik Mulyadi
Jurnal Hukum dan Peradilan Vol 1, No 2 (2012)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.311-337

Abstract

Formulation types of criminal sanctions (strafsoort) is considered the most appropriate, appropriate and fair for appropriate drugdealers Narcotics Act (Act No. 35of 2009) and Psychotropic Substances Act (Act No. 22 of 1997) andjudicial practicebe assessedfrom the perspective of the principles, theories, norms andjudicial practiceis a system of cumulative-alternative formulation (mixed /combined) between the death penalty, life imprisonment or imprisonment, or a fine, while the length of the formulation of criminals anctions (straafmaat) is considered the most appropriate, appropriateand fair sentenceis a determinate system in the form prescrib edlimit minimum and maximum criminal threats. Punishment for drug user alyzed from the perspective of the principles, theories, norms and practices of its application to the dealers to berelatively severe punishment metedranging from the death penalty, life imprisonment and criminal casesover the past 15-20 years. The nthenature of drug users a sactors (daders) and a victim (victims) in addition to drug crimeshould bedropped also dropped criminal sentencing rehabilitationas stipulated in Article 127 of LawNo. 35 of 2009 for narcoticaddicts. Keywords: Formulation types of criminal sanctions, formulation of criminals anctions (straafmaat)
MENUNTUT AKUNTABILITAS PUTUSAN PENGADILAN MELALUI PEMIDANAAN TERHADAP HAKIM Budi Suhariyanto
Jurnal Hukum dan Peradilan Vol 1, No 2 (2012)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.249-274

Abstract

Judiciary corruption of somejudges become the black stain of justice, than because of that public has been forced to demand accountability court rulling. The claim is becoming more and more as the filing of RUU MA, that includes a clause of punisment for the judges, and this is a reasonable question. This research is a legal normatif juridical approach, using the secondary data, than analized with qualitative juridical analysis methods. Based on the result of this research, we can concluded that a clause of punisment for tha judges (criminalizing judge) on RUU MA regulated, were not based on the principles of criminal policy. Infact, the crisis of overreach of the criminal law is what happens when the regulated repeatedly compel. Keywords: Accountability, Court, Criminality, Judge.
KERJASAMA BIDANG PERADILAN ANTAR NEGARA DALAM RANGKA UPAYA PENYERAGAMAN PRANATA HUKUM ANTAR BANGSA Eman Suparman
Jurnal Hukum dan Peradilan Vol 1, No 2 (2012)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.171-188

Abstract

Applicability of the rules of the positive law of a country is limited by territorial boundaries that country. While the legal relationship that lasted between members of the community of nations always occurs and exceeds the limits of the territorial sovereignty of the state law. Therefore, the national law of the countries should continue to be pursued in order to be able to answer a variety of transnational issues that exist. The effort is certainly not intended to be uniform throughout the internal legal system of sovereign states, but merely an attempt to harmonize the rules of international private law. While problem solving for issues specific civil law will be made by the judicial bodies of each country. In order to accommodate this reality, is a conditio sine qua non for Indonesia to consider measures to make international agreements in order to enrich the rules of civil procedure law court. The problem, at least to face the coming force of AFTA in the ASEAN region should be harmonization between the legal systems of the individual ASEAN member countries. If not, the difficulty for the difficulties to be faced every country, when the demands of the right form of execution verdict handed down in a country can not be implemented in other sovereign nations. The situation is certainly less beneficial terms of economic cooperation. Therefore, the establishment of a model law for a convention in the form of the ever pursued by countries in the European region, reasonably considered to be a model in drafting the ASEAN convention. At least these efforts will support the objective of allied countries to achieve harmonization of laws between countries in the ASEAN region. Keywords: cooperation in judicial, legal institutions, harmonization
Keadilan Restoratif dan Korban Pelanggaran HAM (Sebuah Telaah Awal) Rena Yulia
Jurnal Hukum dan Peradilan Vol 1, No 2 (2012)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.275-292

Abstract

Various violations on human right happening in Indonesia today have never been completely solved. Victims of human right violations (direct or indirect victims) find it difficult to access justice through the existing criminal law today. Difficulties in proving the violations committed by the actors make it harder for the justice to be in the victim’s side. For any reasons, the violations of human rights should be brought into the court. It is surely not easy to do so as the retributive justice applied so far has not been able to solve the existing problems and to give fairness to the victims. Restorative justice is therefore considered as a potential way out for a justice to take place for the crime actors, victims and society in general. In various types of criminal actions such as domestic violence, law –violatingchildren and traffic crime, the restorative justice has been successfully applied and it is now under evaluation in human right related cases. This is done in order to find out the effectiveness of this restorative justice in solving those cases. This writing aims to find out opportunities for the restorative justice implementation in solving human right violations in Indonesia. Keywords: Human Right violation victims, restorative justice, rehabilitation.

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