Alteram Partem Research Articles

The Principle of Audi and Alteram Partem in The Process of Proof in Criminal Cases (Analysis of Decision Study No. 123/PID.B/2022/PN YYK)

A decision is a legal product issued by a judge in resolving a case presented at trial. A decision must reflect a sense of justice obtained from the facts revealed at trial and compliance with existing laws and regulations. Legal considerations in a decision aim to explore the facts revealed in the trial based on the principle of audi et alteram partem which must exist and be the basis. The application of audi et alteram partem aims to ensure that the panel of judges carefully listens to the arguments and facts put forward by both parties, namely the public prosecutor (JPU) or legal advisor. Therefore, the aim of this research aims to describe how the panel of judges examined case Number 123/Pid.B/2022/PN Yyk by applying the principles of evidence in the Criminal Procedure Law. To answer these legal problems, this research uses a combined research method of normative and empirical data with data collection methods by conducting interviews and literature reviews. The research results show that the panel of judges who examined case Number 123/Pid.B/2022/PN Yyk were assumed to have ignored the principle of audi et alteram partem in their decision. This principle of balance (justice) has not been fully fulfilled, because the evidence in the trial has not reached conformity, thus making the defendant position weaker.

Pasal 156 KUHAP Ditinjau Dari Asas Audi Et Alteram Partem

Introduction: Criminal procedural law is part of criminal law, while the principle of Audi Et Alteram Partem is one part of the criminal procedural law, commonly also known as the principle of balance, in court decisions there is a duplik istila or refutation from the defendant to plaintiff. 
 Purposes of the Research: The purpose of this study is to examine the position of duplik in the practice of criminal procedural law. 
 Methods of the Research: This research uses normative juridical research methods, commonly known as legal materials, normative legal research is a research that examines literature materials in the form of books and laws that have existed before, normative legal research is also known as docrinal legal materials. 
 Results Originality of the Research: The results of this study show that the position of duplik in the trial is very low because it clashes with article 156 of the Criminal Procedure Code which does not justify the existence of duplex in making decisions by judges, so that the defendant through his legal representative cannot file objections and release himself in order to get justice.

Ideal Reconstruction of Liquidation of Limited Liability Company through National Court Decision Based on Justice Value

Limited Liability Company as one of business entities in the economic activities requires a clear and capablearrangement to keep up with the rapid progress, especially in the advancement of science and technology in Indonesia in bothnationally and internationally.Limited Liability Company is a legal entity in which is an alliance of capital, established under the agreement, engaged inbusiness activities with a capital base which is wholly subdivided into shares and meets the requirements stipulated in the law andits implementing regulations. The provision carries with it the legal consequence that the limited liability company (hereinafterreferred to in this article as the Company) has its own rights, obligations and assets separated from the rights, obligations andassets of its founders or shareholders.Based from this, the authors are interested to conduct research on: Ideal Reconstruction of Liquidation of Limited LiabilityCompany Through National Court Decision Based on Justice Valuethis research in which are done based on juridical / normative research method shows that the reconstruction of a limited liabilitycompany through the establishment of a national court decision based on the value of justice as it is known that in the procedurallaw there are two way of processing the cases known as Contentious Procesrecht or law of dispute and Non-ContentiousProcesrecht or the law of non-dispute. Against Contentious Procesrecht commonly used letters of lawsuit to resolve disputes ofthe parties through the Judge Judgment. In contrast to the Non-Contentious Procesrecht commonly used application letter torequest Determination of Judges. Based on Contentious Procesrecht, also apply the principle of Audi Et Alteram Partem(listening to both parties). This principle postulates that in the proceedings of proceedings at court, the parties to the dispute todefend their rights and interests respectively. In other words, the parties should be treated equally, fairly and impartially.Meanwhile, if based on Non-Contentious Procesrecht then the process applied the principle of Voluntair; a request to decidecase to court without any dispute with other party (without disputes or differences with another party). So according to the authorswhat is the question of the applicant based on the legal principle of Non-Contentious Procesrecht is not in touch with the issueof rights and interests of others.