Disharmonization of Supreme Court Regulations  in Material Judicial Rights

Hidayat, Taufik; Luthviati, Resti Dian; Jenvitchuwong, Suviwat

doi:10.53955/jhcls.v2i3.34

Cited by 3 publications

(3 citation statements)

References 10 publications

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“…The statutory approach examines all laws and regulations related to the legal issues being handled. 18 A case approach studies cases related to the issues at hand that have become court decisions that have permanent force. This approach is used to look at cases of ITE crimes that are still happening today so that solutions can be found based on the National Police Circular Number: SE/2/11/2021 concerning Ethical Cultural Awareness by prioritizing the concept of Restorative justice.…”

Section: Methodsmentioning

confidence: 99%

Mapping Restorative Justice in Information and Electronic Transaction Criminal Regulation

Triasari

Hanum

Firmandiaz

2023

JHCLS

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The government has issued various policies to overcome overcapacity in prisons, but the important question that needs to be asked is whether these policies have restored the rights of victims of criminal acts of Information and Electronic Transactions. The method used in this study is a normative legal research method that examines secondary data. Data collection is carried out in the form of laws and regulations, reference books, and previous studies. The results of the research show that there is a need for the urgency of the application of restorative justice in criminal acts of Information and Electronic Transactions in Indonesia and what are the obstacles to the application of restorative justice in handling cases of criminal acts of Information and Electronic Transactions.

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Section: Methodsmentioning

confidence: 99%

Mapping Restorative Justice in Information and Electronic Transaction Criminal Regulation

Triasari

Hanum

Firmandiaz

2023

JHCLS

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“…Although the judiciary has an important role, there are still challenges in ensuring its smooth functioning and effectiveness. One of these challenges arises from the disharmonization of regulations within the Supreme Court which can cause inconsistencies in the application of judicial rights (Hidayat et al, 2022). This underscores the importance of increasing coherence and consistency in legal interpretation and judgment.…”

Section: Judicial Reviewmentioning

confidence: 99%

“…This underscores the importance of increasing coherence and consistency in legal interpretation and judgment. Achieving harmonization requires continuous efforts to simplify procedures, improve coordination among judicial bodies, and foster a common understanding of legal principles and precedents (Hidayat et al, 2022) By addressing these challenges, Indonesia can strengthen its justice system and strengthen public confidence in the rule of law, thereby advancing the country's democratic aspirations and ensuring fair access to justice for all citizens.…”

Section: Judicial Reviewmentioning

confidence: 99%

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

Iristian

2024

JIMR

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Within the context of the Indonesian legal system, this study investigates the crucial function that judicial review plays in ensuring that administrative procedures are lawful and that justice is served. This study sheds light on the techniques, processes, and issues that are involved with judicial review in relation to administrative acts. It does so by conducting a comprehensive analysis of judicial decisions, legal precedents, and legislative frameworks. The paper provides an in-depth analysis of the development of judicial review in Indonesia, following its historical progression and analysing the current state of affairs. Through an in-depth analysis of administrative decisions, it examines the role that the court plays in ensuring that administrative procedures are valid, preserving a system of checks and balances, and protecting fundamental rights. The impact of judicial review on administrative institutions and the legal landscape is also investigated in this study. Particular attention is paid to the role that judicial review plays in promoting openness, accountability, and adherence to the rule of law for administrations. The purpose of this research is to give useful insights into the efficient operation of Indonesia's administrative governance and the improvement of justice in administrative procedures. This is accomplished by casting light on the junction between judicial review and administrative law.

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Examining the Legal Standing of IKN Authority Regulations within Indonesian’s Legislation System

Harry Setya Nugraha,

Al Arif,

Fikri

2023

volksgeist

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This study scrutinizes the status of the regulations enacted by the Nusantara Capital City Authority (IKN Authority) within the Indonesian legislative hierarchy, based on Law Number 3 of 2022, also known as the IKN Law. A normative research approach underpins this analysis, utilizing legislative and conceptual methodologies. The investigation concludes that the IKN Law’s Article 5 paragraph 6, was drafted to accommodate all regulations formulated by the IKN Authority. These regulations, born out of the authority's attribution, hold an equivalent standing to those issued by a minister, institution, or agency at the central level given that the IKN Authority is an institution at the ministerial level. Consequently, the formulation of these regulations adheres to the rules governing central-level regulations, with the Supreme Court conducting their review. The unique aspect is the subject matter, which relates to the governance structure of the IKN Authority. Moreover, the formulation of regulations by the IKN Authority should: 1) Define the IKN entity’s position as a unique regional government entity; 2) Outline the types of regulations to be enacted; 3) Clarify the source of authority, which is attribution-based; 4) Specify its position in the hierarchy, equivalent to Regional Regulations; 5) Detail the formulation process and treatment, aligning it with the creation of regional legal products; 6) Elucidate the subject matter of the Regulatory Authority; and 7) Highlight the review process, which can be escalated to the Supreme Court.

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Disharmonization of Supreme Court Regulations in Material Judicial Rights

Cited by 3 publications

References 10 publications

Mapping Restorative Justice in Information and Electronic Transaction Criminal Regulation

Mapping Restorative Justice in Information and Electronic Transaction Criminal Regulation

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

Examining the Legal Standing of IKN Authority Regulations within Indonesian’s Legislation System

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