LITIGASI

POLEMIC ON THE DISSOLUTION OF MINISTRIES: AN OVERVIEW OF THE PRESIDENTIAL SYSTEM IN INDONESIA

2023-10-28T20:43:49+07:00

The purpose of this study is to find out the strengthening of the President's authority and identify polemics that have arisen related to the dissolution of ministries based on a review of Law Number 39, 2008. This study used a normative qualitative approach. The research was conducted at ministry and official agencies, as well as several activists at state studies institutions in the provinces of South-Sulawesi and West-Sulawesi. This research applies legal material collection techniques through documentation or literature studies and interview techniques. The results of the analysis show that in the process of forming a cabinet, good cooperation between the two institutions is needed to reach agreement and consensus. Intense communication and dialogue between the president as the head of the executive and parliament as the legislature helped to reach a consensus on the composition of the cabinet which was considered effective and capable of obtaining sufficient political support. The polemic that occurred was due to the lack of transparency in public participation, as well as collaboration between government agencies in the preparation and ratification of laws and regulations.

Keywords: Government Cabinet, Presidential System, Constitutional Court.

PENGARUH TRIAL BY THE PRESS TERHADAP PENEGAKAN HUKUM PIDANA DI INDONESIA

2023-10-13T14:10:28+07:00

Press coverage on criminal news has allegedly conducted trial by the press. Media seems to take the role as law enforcement by searching for evidence, interviewing witnesses, analyzing the case and at the end judging based on their opinion towards the criminal case. Trial by the press certainly contradict the principle of presumption of innocence and the fair trial. Trial by the press often found when reporting the news of murder case of Brigadier Yosua and the domestic violence case of Valencya. This research studied about the impact of trial by the press on the process of criminal law enforcement in Indonesia and how the media covers the criminal case to avoid trial by the press. The research method used is juridical normative with conceptual analysis, statute approach and case analysis. The findings of the research are that trial by the press resulted in trial by the public where people conclude their own judgment of one particular case. Post entry into force of the New Penal Code, alleged media conducting trial by the press is subject to imprisonment and fine under Article 281 of the New Penal Code

Keywords: Trial by The Press, Pers, Presumption of Innocent, Fair Trial.

PENCUCIAN UANG YANG DILAKUKAN OLEH NOTARIS DALAM PERSPEKTIF TINDAK PIDANA PENCUCIAN UANG

2023-10-27T09:18:23+07:00

The act of money laundering committed by a Notary begins with a conspiracy with his client. The conspiracy is due to alleged criminal acts such as corruption. The problems in this paper are the factors that cause Notaries to commit money laundering, whether Article 5 Paragraph (1) of Law Number 8, 2010 can be applied to Notaries who commit money laundering and the obstacles faced by law enforcement officials when processing Notaries who commit such offense. The research in this paper uses normative legal methods by examining document studies, using various secondary data such as laws and regulations, court decisions that have permanent legal force, legal theories, and expert opinions. The analysis is qualitative. The factors that cause the Notary to do this are intentional to protect the assets of their clients, the lifestyle of Notaries who want to get instant wealth through illegal means. The imposition of Article 5 Paragraph (1) of Law Number 8 of 2010 against a Notary who is suspected of committing the crime of money laundering requires proof of its origin and the obstacles faced by law enforcement officials in processing Notaries who commit the crime of money laundering.

Keywords: Notary, Criminal Act, Money Laundering.

PENGUATAN PERAN PARTAI POLITIK DALAM PEMILIHAN UMUM LEGISLATIF PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 114/PUU-XX/2022

2023-10-14T10:19:23+07:00

The Constitutional Court Decision Number 114/PUU-XX/2022 emphasizes the necessity of implementing the electoral system through proportional representation with an open list. This decision aims to strengthen the role of political parties as participants in the electoral process, ensuring high-quality and dignified elections in line with constitutional principles. Such affirmation is rooted in a critical paradigm shift for political parties as key pillars of democracy. This research employs a juridical-normative analysis approach, delving into secondary data through literature reviews. The research findings indicate the central role of the Constitutional Court as the final interpreter of the constitution and the guardian of democratic integrity. Decision Number 114/PUU-XX/2022 provides a profound interpretation of the constitution, aimed at improving the implementation of political parties' participation in elections. Although the Constitutional Court's considerations are non-executorial, its guidelines offer crucial insights into conducting democracy in line with the constitutional spirit through elections.

Keywords: Political Parties, Elections, Constitutional Court, Democracy.

PENGEMBALIAN ASET PADA TINDAK PIDANA KORUPSI DI MALUKU MELALUI UANG PENGGANTI

2023-10-18T09:41:10+07:00

Corruption-related criminal offenses represent a significant challenge in Indonesia. The high number of cases and the financial losses to the state consistently make headlines in the mass media, causing considerable concern among the public. The Indonesian government has made efforts to combat this issue by enacting laws such as Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption and Law Number 20 of 2001, an amendment to Law Number 31 of 1999. This research employs the Juridical Empirical method, which examines positive law provisions, legal principles, legal doctrines, and legal principles to address the legal issues at hand. The imposition of compensation as a penalty is considered an additional punishment, contingent upon the judge's discretion in evaluating the evidence presented during the trial. The confiscation of assets resulting from corruption can occur through both criminal and civil avenues. In the criminal pathway, the process involves asset tracking, freezing or confiscating assets, asset seizure, return, and handover. Meanwhile, the civil route is utilized if there are still assets owned by the convict suspected to originate from corrupt practices that have not yet been seized by the state.

Keywords: Asset Recovery, Corruption Offenses, Compensation Money.