Independence of Judicial Power as a Foundation of Human Rights Judicial Function in Indonesia

Dewi, Yustina Trihoni Nalesti; Tjandra, W. Riawan; Niemann, Grant R.

doi:10.7763/ijssh.2016.v6.650

Cited by 3 publications

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“…Several empirical studies have examined the effectiveness of compulsory summons in ensuring the attendance and testimony of witnesses. A study conducted by the Indonesian Ministry of Law and Human Rights found that the use of force to compel the attendance of witnesses was the most effective method, with 90% of witnesses complying with the summons when threatened with the use of force (Dewi et al, 2016;Kholiq & Halimatusa'diyah, 2023). The study also found that fines and imprisonment were less effective methods of compelling witnesses to attend court.…”

Section: Mechanisms For Compulsory Summonsmentioning

confidence: 99%

Mechanism of Forced Summons against Witnesses Who Do Not Provide Information

Hattu

Hehanussa

2023

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Witness testimony is one of the valid proofs in the judicial process. Evidence has a very important position in the trial court examination process, because evidence contains provisions that contain outlines and guidelines regarding procedures that are justified by law proving the guilt of the accused, so by proving a criminal act a criminal sentence can be imposed. Therefore, the problem raised is what is the mechanism for summoning witnesses in criminal cases in Indonesia. To make a summons, the investigator must give a summons in writing. The deadline for summons with the time to attend the summons should be carried out with due observance of a reasonable deadline, which is no later than 3 (three) days received before the time to come to fulfill the summons. In practice, summons is conveyed to the summoned party in various ways, such as asking the summoned party to pick up the summons himself, entrusting it to a lawyer or the investigator delivering it directly to the summoned party. A summons based on a police report, a summons signed by the investigator or the investigator's superior as the investigator. The summons is submitted taking into account the sufficient grace period. If the second summons does not arrive at the stipulated time, the investigator issues a subpoena.

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Section: Mechanisms For Compulsory Summonsmentioning

confidence: 99%

Mechanism of Forced Summons against Witnesses Who Do Not Provide Information

Hattu

Hehanussa

2023

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“…The independence of the court is one of the essential principles of the rule of law. In Indonesia, this principle is guaranteed in Article 24 of the 1945 Constitution paragraph (1), which states that judicial power is an independent power to hold a court to enforce law and justice (Dewi et al, 2016). The Supreme Court carried out the implementation of judicial power with four courts under it and the Constitutional Court.…”

Section: Introductionmentioning

confidence: 99%

The Threat of Judicial Mafia in Indonesia in Discrediting the Principle of the Rule of Law

Zoelva

2021

Int. J. Criminol. Sociol.

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This paper aims to critically analyze law enforcement against the mafia of the court. The purpose is to improve the quality of legal institutions and improve the legal structure dimension. The objective is to obtain the quality of court institution as closely related to the apparatus's quality and integrity and the integrity of the apparatus to be ensured since the recruitment process also maintains the coaching process. Using the socio-legal approach, the analysis was directed to the practice of mafia threats to the principle of independence and the court's impartiality while threatening the existence of the rule of law. The results showed that the mafia of court arises because of the collusion among the elements of the court's stakeholders, the destruction of the stakeholders that led to the emergence of the various mafia of court practices in Indonesia. The main findings of this study are that the court, as the last bastion of justice and law enforcement, is undoubtedly expected to be independent and impartial following the demands of the rule of law. As a practical implication, the court institution cannot be independent and impartial if there is still a network of crimes that undermine the court system. Courts that only give justice to those who are strong and have access will cultivate what is feared by some legal experts that law is only a tool as instrumentalism for those who have access and power. This is where the threat to the principle of the rule of law lies.

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Legal protection on discrimination towards transwomen in DKI Jakarta from human rights perspective

Sine¹,

Fransiska²

2022

IJRBS

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Human rights protection must be carried out without any form of discrimination. However, this is contrary to what happened to the sexual minority group (LGBTQIA+), especially for this matter, transwomen. Transwomen are seen as something different, something bad, immoral and the negative stigma from society is attached to every individual who is part of the group. In interviews conducted with several transwomen, discrimination against their group in various forms seems to be normalized even though, both internationally and nationally, legal protection and human rights of transwomen are guaranteed in every Declaration and International Human Rights Convention ratified by Indonesia, as well as set out in instruments national human rights laws such as the 1945 Constitution, Law no. 39 of 1999, and other human rights regulations. The research intends to explore the legal protection of discrimination against sexual minority groups (transwomen) in DKI Jakarta from a human rights perspective. When all are treated equally, discrimination should not occur. As long as there are no legal provisions that specifically regulate transwomen groups, their human rights should be guaranteed as human beings who have rights and dignity over themselves. This research is using the empiric juridical method through interviews and focus group discussion with the community or participants from transwomen and sexual minorities groups in Jakarta.

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Independence of Judicial Power as a Foundation of Human Rights Judicial Function in Indonesia

Cited by 3 publications

References 0 publications

Mechanism of Forced Summons against Witnesses Who Do Not Provide Information

Mechanism of Forced Summons against Witnesses Who Do Not Provide Information

The Threat of Judicial Mafia in Indonesia in Discrediting the Principle of the Rule of Law

Legal protection on discrimination towards transwomen in DKI Jakarta from human rights perspective

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