It is required that every head of the verdict has specific nomenclature “On behalf of Justice in the name of one and only God” which entrenched in Article 197 paragraph 1of the Criminal Code Procedure. The head of the verdict stressed that there is a word of justice based on the one and only God which has the main purpose is for the court examination in order to pursue justice, but there is a problem when the contents of the ruling did not provide justice for the prosecuted party, it can be indicated that the case filed to the appeal court by parties whose refuse the decision. According to the legal issues there exist the new paradigm to the concept of the head of the verdict which states“On behalf of Justice in the name of one and only God” only for decisions that have permanent legal force, this is an effort to achieve procedural justice and moral Justice
Uncertainty with regard to the proper implementation of Article 44 of the Criminal Code is to be discussed. In legal practice, the existence of mental disorder in those who are accused of murder or homicide will be made dependent on the decision of psychiatrist (authorized to conduct forensic psychology or psychiatry). In the case that such mental disorder is determined to be existing during a pre-trial hearing, the court is under no obligation to order cessation of the criminal proceeding. It is noted that in a number of cases the decision to terminate investigation or cease court proceeding falls completely under the Judge discretionary power. The author’s recommendation is that a reformulation of Art. 44 of the Criminal Code is in order.
Societal welfare is the achievement that should be supported by Government which essentialy has the obligation for the societal welfare through the arrangements within the scope of authority under the mandate of the preamble and articles of the Indonesian Constitution of 1945 and relevant laws. The mandate of ASEAN Charter, which was ratified by House of Representative by Law Number 38 of 2008 concerning Ratification of the Charter of the Association of Southeast Asian Nations, is not an opponent of the Constitution of 1945 in terms of societal welfare, as long as the legislation is implemented on the right way, which can protect Indonesian. The legislative action must reflect the needs and the factual conditions of Indonesian. Regulation relating to the implementation of the ASEAN Charter should always be accompanied by exemption or exception to the path of liberation from the regional competition law which is a logical consequence of the free market of ASEAN in some fields.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.