ORIGINAL RESEARCH ARTICLE | June 23, 2019
The Implementation Method of General Principles of Good Governance (AUPB) on The Corruption of the Village Government in Indonesia: The Alternative Solution of Building Control Functions
Nadir, Win Yuli Wardani
Page no Sch Int J Law Crime Justice, 2019; 2(6): 175-183 |
10.21276/sijlcj.2019.2.6.1
The implementation of General Principles of Good Governance as a behavior political corruption village administration is very urgent, because over General Principles of Good Governance philosophy had a role in showing furnish and the lack of clarity and uncompleteness a norm. This type of research is non doctrinal research. The method of applying General Principles of Good Governance as a test stone for corruption in village funds is carried out with 2 (two) methods, namely: (1) legal changes and renewal. This legal amendment and renewal can only be done through national legislation carried out by the DPR, but this legislation path is very difficult to do unless there is a common logic of political equality, so that legal changes and reforms can be carried out. (2) the method of construction by the judge. This method is carried out by the judge in order to find the law because the law is vague in regulating or occurring a vacuum of norm. This path is commonly known as the Jurisprudence pathway where the law can also be born from a judicial institution.
ORIGINAL RESEARCH ARTICLE | June 27, 2019
Decision making in the Process against Children Diversion Dealing with the Law has not aged 12 Years
I Pande Ketut Arya Yarsita, Rodliyah, RR Cahyowati
Page no Sch Int J Law Crime Justice, 2019; 2(6): 184-190 |
10.21276/sijlcj.2019.2.6.2
This study aims to examine and analyze the concept of decision making in the diversion process for children facing the law who are not yet 12 years old; and law enforcement decision making in the diversion process for children who are faced with a law that is not yet 12 years old (Study of the Chairperson of the Mataram District Court Number: 22/Pen. Div/2017/PN Mtr). The concept of decision making in the diversion process for children facing the law that is not yet 12 years old is the judge in imposing sanctions for children considering recommendations in the social research report made by community counselors to express and find data and information objectively about the development and background of life children from various sociological, psychological and other aspects while still paying attention to the best interests of the child. Law enforcement of decision making in the diversion process against children who are faced with a law that is not yet 12 years old emphasizes restorative justice which is the goal in the implementation of the diversion of cases of children facing the law. Law enforcement officials both Investigators, Community Guidance and Professional Social Workers conduct deliberations to reach a decision based on restorative justice that prioritizes the best interests of children.
ORIGINAL RESEARCH ARTICLE | June 30, 2019
Analysis of Review of the Principles of Law and Justice Principles in Indonesia (Study on the Constitutional Court's Decision Number 66 / PU-XIII / 2015)
Dewa Ngakan Putu Andi Asmara, Rodliyah, Lalu Sabardi
Page no Sch Int J Law Crime Justice, 2019; 2(6): 191-198 |
10.21276/sijlcj.2019.2.6.3
This study aims to find out how the basic idea of the existence of a Reviewing Institution in criminal proceedings in realizing legal certainty and justice; Implications of the decision of the Constitutional Court Number 66/PU-XIII / 2015 and the formulation policy on future review of the Criminal Procedure Code. This research is normative legal research. The approach used is the law approach; conceptual approach and comparative approach. The results of this study are: In accordance with the nature of the final and binding decision of the constitutional court, the Constitutional Court Decision Number 66 / PU-XIII / 2015 refers to the fundamental principle that justice is the highest legal objective. Citizens' rights as guaranteed by the constitution must not be restricted because they are guaranteed by the constitution. Based on a comparative formulation study in several countries such as in the Chinese Criminal Procedure Code and the Dutch Criminal Procedure Code, the regulatory norms regarding the number of times the Submission of Judicial Review may be submitted are not formulated but the KUHAP of the two countries further regulates in detail the mechanisms and procedures for the Judicial Review. Then the policy formulation of norms for reviewing the KUHAP in the future in addition to referring to the comparison but also must be constitutional in accordance with the decision of the Constitutional Court Number 66 / PUU-XIII / 2015.