Menggagas Peradilan Etik Penyelenggara Negara Di Indonesia

Said, Harmoko M.

doi:10.47268/sasi.v27i1.266

Cited by 4 publications

(4 citation statements)

References 5 publications

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“…The recent testing through judicial process in the State Administrative Court can cause the decision to have no final force and no legal certainty. In fact, DKPP's decision is an ethical area, but it is tested through the administrative area through the issuance of a dismissal decision as a State Administrative Court's decision (Harmoko M Said, 2021). The Election Organization Ethics Council does examine ethical issues, but the administrative judge examines the product of the decision of the Election Organization Ethics Council, to assess whether the decision was taken with the correct procedure.…”

Section: Final and Binding Decision Of The Election Organization Ethi...mentioning

confidence: 99%

The Concept of Legal Certainty in The Final and Binding Decision of The Election Manager Honorary Council (DKPP)

Nisaq,

Haruni,

Anoraga

2023

Audit. Comp. Law J

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The final and binding phrase on the DKPP decision in the provisions of Article 458 paragraph (13) of the Election Law was submitted for judicial review through the Constitutional Court decision Number RI 32/PUU-XIX/2021. In the provisions of Article 458 paragraph (13), the phrase final and binding means that the DKPP's decision can’t be submitted for legal effort. However, from the case of Evi Novida Eka Ginting, the Election Organizer Ethics Council (DKPP) decision can be submitted for legal effort. This has implications for the legal certainty of the final and binding phrase in the provisions of Article 458 paragraph (13). This research aims to analyze the final and binding decisions of the Election Organizer Ethics Council in terms of the Constitutional Court Decision Number.32/PUU-XIX/2021 and Law Number 7 of 2017 concerning Elections and to analyze the Election Organizer Ethics Council decisions. which is final and binding in terms of the aspect of legal certainty. The research method used is normative juridical. Based on the results of the research and discussion, First, viewed from the Constitutional Court decision no. 32/PUU-XIX/2021 the phrase "final and binding" in Article 458 paragraph (13) can be an object in the Administrative Court. What can be submitted is a legal effort, a lawsuit to the Administrative Court (PTUN) to cancel the Presidential Decree. Reviewed according to Law No.7 of 2017 concerning General Elections, Article 458 paragraph (13), the Election Organizer Ethics Council (DKPP) decision is final and binding, this means that the decision cannot be made to legal effort and directly can be held. Second, according to the principle of legal certainty, final and binding phrases cause legal uncertainty. Because the phrase is final and binding on the DKPP decision, it is interpreted that the Election Organizer Ethics Council (DKPP) decision can’t be made due to legal effort and must be held. So the final phrase in Article 458 paragraph (13) should be removed cause the meaning has multiple interpretations.

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Section: Final and Binding Decision Of The Election Organization Ethi...mentioning

confidence: 99%

The Concept of Legal Certainty in The Final and Binding Decision of The Election Manager Honorary Council (DKPP)

Nisaq,

Haruni,

Anoraga

2023

Audit. Comp. Law J

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“…9 Sehubungan dengan pemaparan di atas, maka permasalahan yang menjadi fokus kajian adalah apakah yang dimaksud dengan Presiden dan/atau Wakil Presiden melakukan perbuatan tercela dalam konsep hukum pidana, sehingga dapat dimakzulkan. Kajian tentang pemakzulan Presiden dan/atau Wakil Presiden sebelumnya pernah dilakukan oleh Fachri, 10 Hamdan Zoelva, 11 Hufron 12 dan Sandijar, 13 dalam penelitiannya telah dijelaskan alasan-alasan serta proses pemeberhentian Presiden dan/atau Wakil Presiden dalam masa jabatannya, namun belum memaknai perbuatan tercela sebagai alasan pemakzulan Presiden dan/atau Wakil Presiden dalam kaitannya dengan konsep hukum Pidana. Pembatasan makna perbuatan tercela ini sangat dibutuhkan, agar mendapatkan kepastian hukum dan menjadi acuan bagi masyarakat, Dewan Perwakilan Rakyat (DPR) dan Hakim Mahkamah Konstitusi (MK), untuk menilai perbuatan Presiden dan/atau Wakil Presiden yang dikatagorikan sebagai perbuatan tercela dalam Pasal 7A UUD 1945.…”

Section: A Pendahuluanunclassified

“…Disertasi, Program Doktor Fakultas Hukum Universitas Brawijaya. 13 Pebrihariati, S, R. (2013). Pemberhentian Presiden/Wakil Presiden dalam sistem ketatanegaraan di Indonesia.…”

Section: (2019) Hakikat Putusan Mahkamah Konstitusi Atas Pendapat Dewan Perwakilan Rakyat Mengenai Dugaan Pelanggaran Oleh Presiden Dan/aunclassified

Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia

Irham

Mulyati

2021

SASI

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The purpose of this study is to find out what is meant by the President and/or Vice President committing a disgraceful act in the concept of criminal law, so that they can be impeached. By using normative legal research and approaches to legal concepts, laws and their history. The results of the research are as follows: First, all actions that are contrary to the Criminal Code are disgraceful acts for the President/Vice President; Second, the religious values, social culture of the Indonesian nation, as well as moral principles in the Criminal Code have been compiled in Pancasila and the 1945 Constitution, therefore any deviation from the behavior of the President/Vice President against the 1945 Constitution is a despicable act; Third, all disgraceful acts of the President/Vice President that violate criminal law offenses are subject to criminal sanctions in accordance with the Criminal Code, so that disgraceful acts that have been formally regulated in the Criminal Code are not the meaning of disgraceful acts as referred to in Article 7A of the 1945 Constitution, because the limitations of criminal acts have been determined can impeach the President/Vice President, namely: corruption, bribery, and other serious crimes; Fourth, the disgraceful act of the President/Vice President in Article 7A of the 1945 Constitution is an act of violating the 1945 Constitution as a reference to the rules of criminal law.

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“…Third, sociological factors, nowadays almost all branches of power have established supervisory and enforcing codes of ethics. [12] From the three factors above, the current institutional ethics of justice is still lacking bIt is diverse in nature, and partial has not yet become a proper special institution courts in general to uphold ethics for state administrators, diversity and the nature of institutional independence enforcing the ethics of organizers the state is actually an urgent problem that must be solved within the framework building a system of ethics enforcement for state administrators as a mechanism bnew to build the integrity and accountability of state administrators credible and integrated.…”

Section: Introductionmentioning

confidence: 99%

The Ideal Concept of Court Ethics in the Constitutional System of the Republic of Indonesia

Warsyim,

Christiawan,

Widyaningrum

2024

IJLS

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This research is normative juridical research with the approach used being a statutory approach and a conceptual approach with the aim of analyzing a number of statutory regulations and finding the conceptual ideal of Ethics Court in the Constitutional System of the Republic of Indonesia. The research results show that the formation of ethics enforcement institutions can be found in various forms, it can be an organ attached to the institution it supervises (internal) or one that exists as a separate institution (external). Debates began to arise when the lack of uniformity in the institutional form of ethics supervisors was considered to affect the procedures and quality of ethics enforcement itself. Therefore, this research concludes that the ideal concept of Ethics Court in the future should have a constitutional and juridical position as part of judicial power with the following conception: First, Ethics Court institutions are constructed independently and separately from the judicial institutions of the Supreme Court and Constitutional Court by forming an Ethics Court, so that in the future the implementation of judicial power in Indonesia it consists of 3 (three) judicial institutions, namely the Supreme Court and its subordinate judicial institutions, the Constitutional Court, and the Ethics Court. Second, the Ethics Court was constructed as the first and final ethics court by supervising institutions that enforce codes of ethics and codes of behavior that have existed so far by consolidating and reorganizing institutions with uniformity as ethics monitoring institutions in each state institution. Third, filling positions and/or membership of the Ethics Court must be carried out openly and can be participated by all Indonesian citizens who meet the requirements. Fourth, the work of the Ethics Court must apply the principles of openness, independence and accountability like the judiciary in general.

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Menggagas Peradilan Etik Penyelenggara Negara Di Indonesia

Cited by 4 publications

References 5 publications

The Concept of Legal Certainty in The Final and Binding Decision of The Election Manager Honorary Council (DKPP)

The Concept of Legal Certainty in The Final and Binding Decision of The Election Manager Honorary Council (DKPP)

Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia

The Ideal Concept of Court Ethics in the Constitutional System of the Republic of Indonesia

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