Artikel Kehormatan: Peraturan Pemerintah Pengganti Undang-Undang dalam Perspektif Ajaran Konstitusi dan Prinsip Negara Hukum

Manan, Bagir; Harijanti, Susi Dwi

doi:10.22304/pjih.v4n2.a1

Cited by 4 publications

(3 citation statements)

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“…In the concept of rule of law, a country is said to be a state based on law, at least in its legal and judicial systems that recognizes procedural due process and substantive due process principles [4]. Substantive due process is an understanding that the legislature issues various kinds of laws that regulate all aspects of life, including laws in the criminal field, such as: the Criminal Code and other laws in the field of criminal and criminal procedural law is the procedure for determining the content and the procedure for making laws.…”

Section: Online Criminal Court Administration and Rule Of Lawmentioning

confidence: 99%

Validity and Legal Protection of Defendant in an Online Trial System

Rozi¹,

Nisya²

2021

Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)

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One of the functions of criminal procedural law is to enforce material law. The point is to reveal the material truth. Since it was enacted, the criminal procedure code has not been separated from the "test" of its application. The various kinds of exercise include: professionalism of law enforcement, challenges to Indonesia's geographic areas, and the issue of the Covid 19 Pandemic. The Covid 19 outbreak has an impact on the implementation of a criminal proceeding, therefore it creates an obstacle for the meeting of parties in an open and fairly criminal justice system. The Attorney General's office through the Attorney General instruction No. 5 of 2020 mandates all levels of prosecutors to conduct hearings by teleconference. The online trial also approved by Supreme Court with Supreme Court Circular Letter (SEMA) No. 1 of 2020 concerning Guidelines for implementing tasks during the prevention period of the spread of Covid 19. Based on this, there are conflicting rules. In Articles 11 and 12 of Law Number 48 of 2009 concerning judicial power, the trial is attended by 3 (three) judges assisted by the registrar, the public prosecutor, and the defendant who must be present in the court building room. This obligation is also regulated in several provisions of Articles 154, 159, 196, 227 (2), and 230 (1) and (2) of the Criminal Procedure Court. Based on this, the main problems are: (i) What is the validity of the teleconference/online trial according to legislation? (ii) What is the aspect of legal protection for the accused in the trial process? The research method used is juridical normative by analyzing legal materials against legal concepts and norms in a qualitative and prescriptive manner. The purpose of the research is (i) to find the legal validity of teleconference/online trial, (ii) to find the legal protection of the defendant in the teleconference/online trial process. This research resulted in: (i) Although the validity of the teleconference/online trial is not clear and clean, it is a way out for delay of justice; (ii) The legal protection of the defendant can be provided according to the minimum standards stipulated by the criminal procedure code. Since the Covid 19 Pandemic uncertain, law enforcement must continue and creativity is needed. We suggest that Perpu No. 1/2020 should also contain mechanisms for criminal proceedings to ensure legal certainty.

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Section: Online Criminal Court Administration and Rule Of Lawmentioning

confidence: 99%

Validity and Legal Protection of Defendant in an Online Trial System

Rozi¹,

Nisya²

2021

Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)

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“…The social function of law, as well as the functions of change, stability, and convenience, are all part of the external function, which is the connection between laws and their places of application. [2] One of the main statutory regulatory instruments is the law. Orders for a law to be regulated by law are among the provisions of the Republic of Indonesia's 1945 Constitution, The normative functions of the law include ratifying international agreements, putting decisions made by the Constitutional Court into effect, and/or meeting societal legal requirements.…”

Section: Introductionmentioning

confidence: 99%

Formal Testing of Creational Law in Constitutional Court Decisions

Eman¹,

Darwati²

2023

Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesi

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As per Choice Number 91/PUU-XVIII/2020 of the Protected Court, a proper survey of the illegal Work Creation Regulation is restrictive yet active, with a two-year cutoff time for development. The formal law examination aims to ascertain the legitimacy of the stages, methods, and external forms of lawmaking. A regulation that is found to be conditionally unconstitutional during a formal examination theoretically does not have full legal force. As a result, it is critical to lead research on the traditional survey of the Gig Creation Regulation in the Established Court Number 91/PUU XVIII/2020 from a regulation standpoint. Conceptual and statutory legal normative methods are utilized in the research. secondary data gathered from literature research. To generate solutions to problems, all data are qualitatively processed. The outcomes demonstrate that inconsistent decisions result from the Constitutional Court's decision that the process for establishing the Job Creation Law is flawed, indecisiveness regarding restrictions on the suspension of government actions or policies that have a strategic and broad impact, as well as uncertainty regarding the enhancements to the P3 Law and the Job Creation Law. The government was forced to postpone the creation of the Job Creation Law's implementing regulations, amend the law to reflect the Constitutional Court's decision, and actively involve the community in its formation as a direct result of this.

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“…Perpu can only be issued under exceptional circumstances when there is a legal vacuum or insufficient law. (Manan & Harijanti, 2017) The exceptional circumstances are associated with the urgent need to make interim laws quickly. The circumstances arise from (i)proportional legal necessity, limited time, and the need for an unusual procedure (Huda, 2016).…”

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confidence: 99%

Fast-Track Legislation: The Transformation of Law-Making Under Joko Widodo’s Administration

Huda,

Rishan,

Pratiwi

2024

yst

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<div class="WordSection1">Since the end of 2019, the President and the House of Representatives had performed different legislative functions. Since the Law on the Commission Eradication Commission was amended, legislation had dramatically been transformed. Several laws have been passed and amended quickly. This study discusses three legal issues. First, the conceptual limitation of fast-track legislation in Indonesia. Second, the rationale behind fast-track legislation under Joko Widodo's administration. Third, the impact of fast-track legislation under Joko Widodo's administration. In this socio-legal study, a qualitative analysis is conducted. This study has identified that (1) fast-track legislation in Indonesia can only be adopted through Perpu with all its exemptions and exceptions; (2) the transformation of law-making under Joko Widodo's administration is associated with political pragmatism, political personalization, the elimination of the opposition, and cartel parties; and (3) the transformation of law-making under Joko Widodo's administration is detrimental to the future of Indonesia's democracy. The transformation has degraded the quality of deliberation in law-making. Besides, it does not adhere to law-making procedures, resulting in elitist and conservative laws.</div>

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Artikel Kehormatan: Peraturan Pemerintah Pengganti Undang-Undang dalam Perspektif Ajaran Konstitusi dan Prinsip Negara Hukum

Cited by 4 publications

References 0 publications

Validity and Legal Protection of Defendant in an Online Trial System

Validity and Legal Protection of Defendant in an Online Trial System

Formal Testing of Creational Law in Constitutional Court Decisions

Fast-Track Legislation: The Transformation of Law-Making Under Joko Widodo’s Administration

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