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Christoper Adrianto

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The Indonesian Constitutional Court in its judicial review of the Criminal Procedure Code No. 34/PUU-XI/2013 stated that Article 268 paragraph (3) regarding the limit on filing for judicial review of criminal cases is contrary to the 1945 Constitution and has no binding legal force. The Supreme Court responded to the decision by issuing Supreme Court Circular Letter No. 07/2014 which continues to limit judicial review to only one time based on the Judicial Power Act and the Supreme Court Act. Departing from regulatory dualism, this paper formulates the problem of the legal products issued by the Supreme Court and the Constitutional Court in terms of material testing of Law Number 8 of 1981 concerning the Criminal Procedure Code. This study uses normative legal research methods through a review of literature sources. Through Gustav Radbruch's Legal Theory, this study found that first, the position of the SEMA was issued even though it was in accordance with existing laws and regulations, but this decision was contrary to Gustav Radbruch's Legal Theory. Second, the legal consequences after the Constitutional Court Decision. The Supreme Court through SEMA that limits the filing of judicial review to one time is legally flawed both in terms of substance and formal formation because it contradicts the Constitutional Court Decision.

Iqbal Aji Saputra; Salsabila Aprilia

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The Constitution is the highest law in Indonesia and is the foundation for the protection and upholding of Human Rights (HAM). The Indonesian constitution regulates human rights in various articles, such as freedom of expression, the right to education, the right to health, the right to work, and so on. However, there are still many cases of human rights violations that occur in Indonesia. Therefore, it is important to evaluate the relevance of the constitution in guaranteeing and upholding human rights in Indonesia. This study uses a qualitative approach with content analysis techniques for constitutional documents and laws related to human rights as well as literature studies. The results of the research show that the Indonesian constitution provides a strong basis for protecting and upholding human rights. However, in practice there are still obstacles such as a weak law enforcement system, corruption, and policies that are not progressive in promoting human rights. Therefore, efforts are needed to increase public understanding and awareness of human rights and strengthen institutions that play a role in upholding law and human rights in Indonesia. In addition, there is a need for efforts to adopt progressive policies in promoting human rights and guaranteeing their protection in accordance with the constitution. Thus, it is hoped that the constitution can become an effective instrument in guaranteeing and upholding human rights in Indonesia.

Aturida, Novia

DINAMIKA HUKUM 2023 Universitas Stikubank

In the juvenile justice process, there is a principle that states that the best interests of the child must be seen as of paramount importance (obtaining the highest level of priority) in every decision relating to children so that the safety and health of children can be realized. A child who abuses narcotics can be categorized as a victimless crime because his act of abusing narcotics harms his own person, so the child can also be said to be a victim of his own crime. That way, children who abuse narcotics have the right to be able to get rehabilitation and make imprisonment a last resort in the judicial process in accordance with the mandate of the Law on the Juvenile Criminal Justice System. However, in the decision of Decision Number 19/Pid.Sus-Anak/2020/PN Sgm, the panel of judges did not consider the position of children as legal subjects by not including the Law on the Juvenile Criminal Justice System and the Law on Child Protection in their considerations, so that they continued to sanction imprisonment without rehabilitation for children who use drugs. Thus, the purpose of this research is to find out the basis for judges' considerations not to impose rehabilitation on children who abuse narcotics in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm and to analyze the sentencing contained in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm when reviewed based on the Law on the Juvenile Criminal Justice System and the Child Protection Law. This research was conducted using a normative juridical method with a case approach. Sources of data in this study used secondary and primary data collected with library research data collection techniques, which were then analyzed descriptively and analytically with a qualitative approach. The results of the study concluded that the judge's consideration of not imposing rehabilitation on children who abuse narcotics in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm because the child's qualifications as narcotics abusers do not meet one of the qualifications contained in SEMA Number 4 of 2010, namely that the weight of methamphetamine found was still under 1 (one) gram. In addition, the judge was not careful in imposing a sentence of 3 (three) months in prison without rehabilitation for a child as a narcotics abuser for himself because this did not comply with the provisions of Article 54 of the Narcotics Law, Article 81 Paragraph (1) and Paragraph (5) of the Law on the Juvenile Criminal Justice System, as well as Article 67 of the Child Protection Act.

Tamba, Devina Ulima Nathania; Rizal, Muhamad; Natari, Sari Usih

Jurnal Ekonomi, Bisnis dan Manajemen (EBISMEN) 2023 FEB Universitas Maritim Semarang

The presence of workers in the company is dominated by executives. They often have conflicting interests for the company's activities. In order to help workers' positions remain relevant and recognized, workers need a Labor Union. In an industrial environment, it is normal for disputes to occur and the role of trade unions is needed to mediate the interests of both. Therefore, the expected goals are to explain the role of trade unions to address industrial relations disputes and the efforts that they attempt. This study determines literature review as the method by accumulating journals and collecting eight articles that meet the criteria. After having reference materials, the researcher will analyze the data based on a collection of these studies which the researcher will generalize into a literature review paper. The results of this research are that trade unions act as assistants, bodyguards, representatives, supervisors, and mediators and prioritize the settlement of disputes internally and amicably. Efforts made by trade unions include carrying out bipartite and tripartite negotiations consisting of mediation, arbitration and conciliation, as well as the industrial relations court, submitting a letter of application for Judicial Review to the Constitutional Court, and honing the skills of trade union members.