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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 4 Documents
 1 
Search results for , issue "Vol 6, No 1 (2017)" : 4 Documents clear
IMPLEMENTASI ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK TERHADAP KEPUTUSAN BERSIFAT BESCHIKKING DALAM TATA USAHA TENTARA NASIONAL INDONESIA Djodi Suranto
Jurnal Hukum dan Peradilan Vol 6, No 1 (2017)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.6.1.2017.129-144

Abstract

Implementation of good governance general establishment and application in the formation of good governance implementation in Indonesian National Army (TNI) Administration in the Central Office and Base Office (Mabes TNI), and also its roles in equipping the weakness, ambiguities and lack of ordinance as a law finding. Results of this study find and reveal the implementation of several principles, having formal in character, they are: prudent preparation principle, motivation and prohibition in procedural abuse, and matrial character are: law certainty, trust and expectation, prohibition on authority abuse and equality principles. The principles are applied due to its formation is in accordance with prevailed, developed and grown custom law in governance implementation practice, and also because it is according to the higher law norms and also the existing relationship between factual conditions with the incurred consequences. Thereinafter, the principles have very important roles in fulfilling the weakness and ambiguities and also the lackness of ordinance as law finding for the formation of good governance implementation in Indonesian National Army Administration. Keyword: good governance general establishment and application, beschikking, Indonesian National Army
PENGAWASAN PERILAKU HAKIM MAHKAMAH KONSTITUSI OLEH DEWAN ETIK Nuzul Qur'aini Mardiya
Jurnal Hukum dan Peradilan Vol 6, No 1 (2017)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.6.1.2017.25-40

Abstract

The Constitutional Court has a code of ethics and behavior of judges the constitution as the legal basis to carry out profession ethics. Due to his duty, judge of the constitution had potentially breaking the code of conduct and behavior of judges. In order to oversee the conduct of judges the constitution formed The Board of Ethics Judge Constitution (DE-HK) who has authority to check and give decision regarding of the reports on complaints and information through the media/the community related to alleged violations the code of conduct and behavior of judges the constitution as well as a violation of law constitutional court. The Board would have the authority to impose sanctions verbally and if the offense heavy, the board recommended the formation of an assembly of honor of constitutional court and make propose of the suspension of the judge the constitution, and if not proven The Board rehabilitates judge that concerned. This study is done in a juridical manner normative by looking at an object or target of regulation research, legislation and materials law other related supervision the conduct of judges the constitution by the board. Hence, within the revision on constitutional court law in National Legislation Program, it's important to do institutional strengthening the board of conduct and to ripen position the tribunal honor judges to carries out surveillance and checks for violation code of ethics and behavior by the judges.Keywords: code of ethics and behavior, The Board Of Ethics Judge Constitution, judge, supervision
PERTANGGUNGJAWABAN PUBLIK DAN TINDAK PIDANA KORUPSI Ratna Nurhayati; Seno Wibowo Gumbira
Jurnal Hukum dan Peradilan Vol 6, No 1 (2017)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.6.1.2017.41-66

Abstract

The purpose of this research was to whether the actions of government (bestuurshandeling) based on its discretion can be classified as a criminal act of corruption or not. The Methodology of this research used juridical doctrinal. The result showed that based on legal frame such as Law of The Administrative Court, Law of ASN, Law of Government Administration and legal doctrines as well as the Decision of the judicial review of the Constitutional Court Number: 25 / PUU-XIV / 2016 responsibility of governmental actions (bestuurshandeling), which comes from discretionary (Freies ermessen) containing elements of abuse of authority resulting state loss but there is no element of corruption such as gratifications, bribe, then it can be accounted for by the administrative sanctions under the Law of Government administration Article 20 (6) and Article 80 paragraph (1) Jo Article 81 paragraph (3) in a balanced and case by case. If there is an element of abuse of authority that resulted in state loss and there are elements of corruption such as gratifications, bribe, then accounted for under the criminal law, especially corruption.Keywords: Public responsibility, corruption, governmental actions (bestuurshandeling), Public discreations (Freies Ermessen)
PERAN PENELITI DAN POLA KOORDINASI PENELITIAN DALAM RANGKA OPTIMALISASI FUNGSI PENELITIAN DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Ahyar Ari Gayo
Jurnal Hukum dan Peradilan Vol 6, No 1 (2017)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.6.1.2017.91-104

Abstract

Law is an important component in a community. Development of society of course also be influential for the development of the law, thus the development of society would require a legal development that is in tune with the needs and development of the times. One of the components that play an important role in the development of the law is a legal researcher. The role of legal research in building the national legal system is very important to reveal the scientific data concerning aspects of philosophical, juridical, sociological, economic, and political, which can affect the development of the necessary legal Government of Indonesia as a development policy in the legal field. Researcher as implementers of development, especially in the field of law, in order to improve the effectiveness, efficiency, and optimize the necessary coordination at all levels both internal and external level ministry / agency. Researchers law, not only the need to coordinate with other researchers in the field of law only, but also need to coordinate with researchers in other fields as well as coordinate with other functional associated, in particular functional designer of law, because the creation of a legislation can not be monodicipliner done alone. The study, conducted by researchers aimed to formulate new legal norms that have been suggested by the study, and also formulate alternatives. The materials obtained from these studies can be used as input in the preparation of Academic Legislation of the bill to be drafted.Keyword: researcher, legal research, law making

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