The Model of Legal Protection for Children Victims of  Domestic Violence Based on Justice

Andry, Harijanto; Hatikasari, Siti; Musabula, Juliet

doi:10.53955/jhcls.v2i2.33

Cited by 4 publications

(3 citation statements)

References 12 publications

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“…Experts have investigated the integration of the Judicial Review mechanism into the broader legal framework, with a view to improving the effectiveness and accessibility of the mechanism. In particular, (Harijanto et al, 2022) emphasized the importance of legal protection, especially for vulnerable community groups such as children who are victims of domestic violence. These discussions underscore the important role of the judiciary in safeguarding the rights and well-being of all citizens, especially those who are most vulnerable and marginalized.…”

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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Section: Judicial Reviewmentioning

confidence: 99%

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

Iristian

2024

JIMR

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“…The law should only refer to the evidence that can be used to make a decision, and judges should base their decisions on that evidence. 54 On the significance of proof, R. Supomo offers two different points of view. In the first place, having proof is necessary in order to attempt to legitimize legal ties.…”

Section: Legal Certainty On Electronic Evidence Capabilitymentioning

confidence: 99%

Under-Legislation in Electronic Trials and Renewing Criminal Law Enforcement in Indonesia (Comparison with United States)

Saputra

Setiodjati

Barkhuizen

2023

J. Indonesian Leg. Stud.

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This paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system, focusing on the reform of criminal law enforcement. The research methodology employed is normative legal research. The findings of the study reveal two key points. Firstly, it is crucial to regulate digital-based criminal justice at the legislative level, particularly through the reform of the Code of Criminal Procedure (KUHAP). The current implementation of electronic criminal trials presents challenges, and the legal foundation for conducting such trials is established by external entities rather than the legislative institution. Therefore, incorporating regulations on electronic criminal trials in future KUHAP reforms is vital to facilitate criminal law reform. As it stands, electronic criminal trials lack specific legal regulations. Secondly, the existing KUHAP does not sufficiently address the issue of technological advancements, as it cannot anticipate rapid changes in technology. Consequently, a legal framework should be established to address this issue. This framework should ensure the availability of modern technological devices and necessary resources to facilitate digital-based criminal justice. Additionally, it should introduce laws governing electronic courts and initiate legal reforms through the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). To provide an example, the United States has regulated electronic criminal proceedings through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which implements fiscal stimulus policies and allows for video conferencing in certain cases. Such regulations can serve as a reference point for the implementation of electronic criminal proceedings in Indonesia.

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“…The existence of a request for a formal review that is received by the Supreme Court (even though it is not considered or decided) does not necessarily become a sich argument that the Supreme Court has exercised its authority in the formal examination as stipulated in Article 24 A paragraph (1) of the 1945 Constitution of the Republic of Indonesia, Article 31, Article 31 A paragraph (3) of the Supreme Court Law. 38 Second, furthermore, the cause of the disharmony of norms related to legal subjects who can become Petitioners for testing legislation under the law is due to differences in the limits (qualifications) of applicants as regulated in Article 1 paragraph (4) of Perma Number 1 of 2011 with Article 31 A paragraph ( 2) letter an of Law Number 3 of 2009. The problem of disharmony of norms is seen from the Perma, which only mentions community groups or individuals who can be applicants for objections.…”

Section: The Impact Of Norm Disharmony In Regulation Of Supreme Court...mentioning

confidence: 99%

Disharmonization of Supreme Court Regulations in Material Judicial Rights

Hidayat

Luthviati

Jenvitchuwong

2022

JHCLS

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This study aims to analyze the problems with Supreme Court Regulation in Judicial Review resulting from inconsistencies in these rules, which impact the court's ability to enforce these regulations. This study is a normative legal analysis. The findings of this study indicate that the problem of discordant norms in judicial review is related to two factors, specifically discordant norms regarding the authority to examine formal matters. The discord of norms about the legal subject matter of the Petitioner for Review of Legislation under the Act results from differences in regulation of judicial review material aspect used as a criterion. This contradicts the original intent of the Constitution of the Republic of Indonesia.

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The Model of Legal Protection for Children Victims of Domestic Violence Based on Justice

Cited by 4 publications

References 12 publications

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

Under-Legislation in Electronic Trials and Renewing Criminal Law Enforcement in Indonesia (Comparison with United States)

Disharmonization of Supreme Court Regulations in Material Judicial Rights

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