Consideration Of Judges Research Articles

Basic Considerations of Judges in Determining the Criminal Action of Fraud or Embracement (Case Study of Decision of Sukoharjo State Court Number:194/Pid.B/2021/Pn.Skh.)

The aim of this study is to analyze the basic considerations of judges in deciding to acquit perpetrators of fraud or embezzlement (Case Study of Suoharjo District Court Decision Number: 194/Pid.B/2021/PN.Skh.). This research uses a normative juridical method. Normative legal research is studied based on rules or norms which are the basis for behaving according to the rules that apply in society which are considered appropriate and appropriate in the national legal system. That the basis for the judge's consideration was to acquit the perpetrators of the crime of fraud or embezzlement (Case Study of Sukoharjo District Court Decision Number: 194/Pid.B/2021/PN. Skh) is based on the provisions of Article 191 paragraph 1 which reads "If the court is of the opinion that from the results of the examination at the trial court the guilt of the actions charged against him has not been legally and convincingly proven, then he is acquitted". Where the subjective and objective elements in the Prosecutor's Indictment in Articles 378 or 372 are not legally and convincingly proven. Based on the provisions of Supreme Court Regulation No. 1, the case against the perpetrator should have been suspended, given the fact that there was an agreement that became the realm of civil law.

Legal Protection of Farmers' Rights Regarding the Conversion of Agricultural Land Functions for Non-Agricultural Investment Purposes in Indonesia

The aim of this study is to analyze the basic considerations of judges in deciding to acquit perpetrators of fraud or embezzlement (Case Study of Suoharjo District Court Decision Number: 194/Pid.B/2021/PN.Skh.). This research uses a normative juridical method. Normative legal research is studied based on rules or norms which are the basis for behaving according to the rules that apply in society which are considered appropriate and appropriate in the national legal system. That the basis for the judge's consideration was to acquit the perpetrators of the crime of fraud or embezzlement (Case Study of Sukoharjo District Court Decision Number: 194/Pid.B/2021/PN. Skh) is based on the provisions of Article 191 paragraph 1 which reads "If the court is of the opinion that from the results of the examination at the trial court the guilt of the actions charged against him has not been legally and convincingly proven, then he is acquitted". Where the subjective and objective elements in the Prosecutor's Indictment in Articles 378 or 372 are not legally and convincingly proven. Based on the provisions of Supreme Court Regulation No. 1, the case against the perpetrator should have been suspended, given the fact that there was an agreement that became the realm of civil law.

Basic Considerations of Judges in Determining the Criminal Action of Fraud or Embracement (Case Study of Decision of Sukoharjo State Court Number:194/Pid.B/2021/Pn.Skh.)

Basic Considerations of Judges in Determining the Criminal Action of Fraud or Embracement (Case Study of Decision of Sukoharjo State Court Number:194/Pid.B/2021/Pn.Skh.)

Judge's Considerations For Marriage Dispensation at The Sidenreng Rappang Religious Court (Socio-Juridical Analysis)

Requests for dispensation of marriage at the Sidenreng Rappang Religious Court have increased from year to year, and in 2019 there were 222 cases. describe the development of mating dispensation. (2). Analyzing the background to the marriage dispensation application, and (3). Describe and analyze the judge's consideration of the intent of the Marriage Law in article 7 paragraph (2) of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974, because the intention of deviation is not explained, so a separate interpretation is needed from the Judge. And how the Judge in his considerations must prioritize and guarantee the best interests of the childfulfilled, so as to suppress early marriage.
 This type of research is descriptive qualitative, the research location is at the Sidenreng Rappang Religious Court, for primary data sources, namely copies of decisions, marriage laws, Judges, Registrars and Justice Seekers and secondary data sources, namely from Annual Report documents and LKjIP Court case data Religion Sidenreng Rappang, several books as references. To solve the problems in this thesis the author uses the theory of judges' considerations (Mukti Arto 2007), this is also supported by the maqashid al-Syariah theory to parse Islamic law against requests for dispensation of marriage.
 Based on the results of this study, the authors formulated conclusions (1). The dispensation for marriage at the Sidenreng Rappang Religious Court has always increased from year to year and in 2019 experienced a very sharp increase. (2). The background is cultural, educational, economic, environmental and pregnant outside of marriage. (3). Juridical analysis of the legal considerations of the judges of the Religious Court of Sidenreng Rappang regarding dispensation of marriage examines article 7 of the Marriage Law Number 16 of 2019, guided by PERMA Number 5 of 2019 as a guideline for adjudicating applications for dispensation of marriage, and based on fiqhi principles and paying attention to maaqashid al-Syariah. It turned out that it ignored several administrative requirements that could support the judge's considerations in realizing and guaranteeing the best interests of the child.

Positive Legislature dalam Putusan Mahkamah Konstitusi Mengenai Upaya Hukum Putusan Penundaan Kewajiban Pembayaran Utang

Constitutional Court as negative legislature as time goes by has become positive legislature, recently Constitutional Court verdict Number 23/PUU-XIX/2021 regarding Articel 235 examination from Bankruptcy Law and Debt Payment Postponement (PKPU) toward Indonesia’s Constitution (UUD NRI 1945), considered to cause constitutional losses because it does not regulate the existence of legal remedies against the PKPU verdict. This research aims to analyze the Judges consideration (ratio decidendi) of the Constitutional Court’s verdict regarding the legal remedies of PKPU verdict in accordance with the principles of justice and legal certainty and to analyze the enforcement of the Constitutional Court verdict regarding the legal remedies for the PKPU verdict which are positive legislation. This article used normative legal research method. The results of the study show that the progressivity in constructing the legal remedies in PKPU verdict with certain conditions (Conditionally Unconstitutional). The Constitutional Court’s decision which is final and binding in its implementation is not in accordance with the theory. It should be realized that in a decision that is self-executing, it still requires bureaucratic procedures to address the decision so that it can be implemented consistently in accordance with the principle of erga omnes.

LEGALITY OF REGISTRATION FOR INTERNATIONAL RELIGIOUS MARRIAGE BASED ON COURT DECISIONS ACCORDING TO LAW AND REGULATIONS IN INDONESIA

Law Number 1 of 1974 concerning Marriage (Marriage Law) as a guideline for norms (verwijzing) does not recognize interfaith marriages, but the Marriage Law itself provides a legal loophole in legalizing interfaith marriages. Many applications for interfaith marriage licenses that have been granted through Court Decisions and have been successfully registered at the Population and Civil Registry Office, are declared valid along with all their legal consequences in state administration and are legally binding on civil law. The purpose of this research is to explain application of legal theory and identify laws and regulations that form the legal basis for judges considerations in ratifying applications for registration of interfaith marriages through Court Decisions. The writing of this article uses normative legal research method. Data processing and library research using primary, secondary and tertiary legal sources. The results showed that the ratification of interfaith marriages through a Court Decision was born from another interpretation of Article 66 of the Marriage Law which was interpreted by the method of applying the principle of conflict of norms using the principle of legal logic (rechtslogische prinzipien) or presumption of rules (vermutungsregeln), so that the Marriage Law seems to have multiple interpretations. There are several other laws and regulations that underline the legalization of the registration of interfaith marriages in Indonesia. There are two views on the basis of the legal considerations of the Panel of Judges in accepting, examining and deciding cases of interfaith marriage applications through Court Decisions. To ensure legal protection and certainty for the parties and children born in a marriage, marriages need to be administratively registered in the state even though each marriages consist of different religions.

The Legal Consideration of Judges in the Crime of Village Fund Corruption: A Case Study of Decision No. 32/Pid.Sus-Tpk/2021/Pn.Pal

ABSTRACT Purpose of the study: This research aims to analyze the crime of village fund corruption by a Village Head in Criminal Case No. 32/Pid.Sus-TPK/2021/PN.Pal in the legal territory of Palu State Court. Methodology: This research used the normative juridical method with the statute and case approaches. This was descriptive qualitative research. Results: Results showed that the decision of the state court on the crime of village fund corruption in Criminal Case No. 32/Pid.Sus-TPK/2021/PN.Pal defendant has violated Article 2 clause (1) jo. Article 8 of Law No. 31 of 1999 on the Eradication of the Crime of Corruption as what was amended and added with Law No. 20 of 2001 on the Change of Law No. 31 of 1999 on the Eradication of the Crime of Corruption. The judicial considerations on the sanctions for perpetrators of corrupting village funds are already according to the applicable regulations under the guideline of the Law on Corruption. It was also found that the crime of corruption violated Islamic Sharia. Applications of this study: It is hoped that the results of this paper may answer the issues it analyzed and so that it may become material for consideration in finding accurate and valid resolution guidelines to resolve issues on the crime of village fund corruption in Indonesia. Novelty/Originality of this study: This paper focused on the crime of village fund corruption in Criminal Case No. 32/Pid.Sus-TPK/2021/PN.Pal and it was added with the perspective of Islamic values. Keywords: Village fund, corruption, judicial consideration, Islamic values

Judge Considerations Of The Corruption Decision Of Social Aid For Covid-19 Disaster Mitigation From The Perspective Of Anti-Corruption Principles

Purpose of the study (Tujuan): The purpose of this study is to analyze the judge's judgment on the corruption decision of the social aid for COVID-19 disaster mitigation from the perspective of anti-corruption principles. Methodology (Metodologi): This research method employed normative research, sourced from primary legal materials, secondary legal materials, and non-legal materials. Results (Temuan): anti-corruption principles which include accountability, transparency, fairness, policy, and policy control, are to prevent external factors causing corruption. Regarding the COVID-19 disaster mitigation, early prevention and disaster mitigation are required as a series of efforts to reduce disaster risk, through both physical development and awareness and capacity building to encounter the threat of disasters. One of which is through social aid to the community due to the impact of the COVID-19 pandemic. Based on the review of the judge's decision No.29/Pid-Sus/TPK/2021/PN Jkt. Pst, what incriminated the defendant who was sentenced to 12 years in prison is a crime of corruption undertaken when the country combated the disaster emergency of the COVID-19 pandemic and the fact that the defendant was a state official who is supposed to be a good role model. Meanwhile, the mitigating factor is that the defendant has suffered enough due to the insults he received from the community even though the defendant is not necessarily guilty. Thus, this has hurt the sense of justice in society. Learning from the corruption case of social aid during the pandemic, judges considered that a leader should not violate the principles of anti-corruption morality so that the integrity of the anti-corruption leadership does not match expectations. Applications of this study (Kegunaan): It is to give law enforcers insight on what types of judicial decisions may hurt society’s trust and sense of justice. It is to give a non-exemplary case of judicial decisions that failed to provide a deterrent effect to criminal actors. Novelty/ Originality of this study: It provides an analysis on the judge's judgment on the corruption decision of the social aid for COVID-19 disaster mitigation from the perspective of anti-corruption principles

Penjatuhan Sanksi Pidana Penjara Tanpa Rehabilitasi Terhadap Penyalahguna Narkotika

The purpose of this paper is to provide an overview of the rehabilitation order for narcotics abusers themselves. Law No. 35 of 2009 on Narcotics clearly stipulates that rehabilitation is mandatory for abusers. In fact, it is still common for court decisions to be made without rehabilitation for defendants who are proven to be abusers; this is as an example such case in Decision No. 1243/Pid.Sus/2022/PN Sby. This research is a normative juridical research with a statutory approach model (statue approach) and uses secondary data which is carried out by means of literature or literature studies. This study discusses the considerations of judges imposing prison sentences without rehabilitation for narcotics abusers for themselves being reviewed based on the principle of legal certainty). The results of the research show that Judge Decision No. 1243/Pid.Sus/2022/PN Sby, it is basically correct in using Article 127 paragraph (1) but it is not quite suitable in terms of imposing sanctions on the defendant for not ordering rehabilitation pursuant to Article 127 paragraph (2) and (3) of the Law on Narcotics. Thus a decision that is not in accordance with applicable regulations shows law enforcement that does not provide justice and legal certainty.

Compilation of Islamic Law as Judge's Consideration at a Religious Court in North Sulawesi, Indonesia

This study examines the Compilation of Islamic Law (KHI) as a consideration for Religious Court Judges in North Sulawesi in resolving legal cases. This paper is empirical legal research using the sociology of law approach based on facts related to the considerations of judges and decisions of the religious courts in North Sulawesi as the application of the Compilation of Islamic Law. The data collection technique is based on literature review, especially court decisions and in-depth interviews with judges. The findings show that there are four forms of application of KHI, namely: First, KHI is the main reference with considerations: 1) if there is no basis for legal considerations in Laws and Government Regulations; 2) KHI is the agreement of the ulema and is a series of written laws; 3) KHI is jurisprudence, Second, KHI is a reinforcement reference to Government Laws and Regulations with the following considerations: 1) KHI is a reaffirmation of Government Laws and Regulations; 2) KHI provides Islamic characteristics and values; 3) KHI is a special provision for Muslims; 4) KHI realizes marriages must be carried out based on the provisions of the law of religion and belief. Third, KHI is a special reference with the considerations: 1) KHI regulates specifically, while it is not found in laws and Government Regulations; 2) KHI is a special reference for Religious Courts; 3) KHI has regulated while the laws and regulations have not regulated, and Fourth, KHI is not a reference at all with the consideration that no legal basis is found.

Enforcement Of Islamic Family Law In Review Of Supreme Court Jurisprudence

The Contra opinion on the jurisprudence of the Supreme Court judge on Islamic family law greatly interferes with the existence of the enforcement of justice, because the legal basis is often contrary to the text of legislation. The study analyzed whether and to what extent the jurisprudence of the Supreme Court can enforce Indonesian Islamic Family Law. This type of research is library research, data needed secondary data. The approach method is doctrinal juridical, and the data is analyzed qualitatively. The research product explains that MA jurisprudence is one of the products of Islamic legal thought from the judiciary, judges play an important role in enforcing Islamic law because judges cannot be separated from ijtihad to find law through understanding and meaning of the law. The existence of jurisprudence is used as the basis for legal considerations of PA judges in resolving cases, able to strengthen the strengthening of law and solving problems of Islamic family law fairly and correctly based on the basic principles of Islamic Sharia.

ANALISIS TANGGUNG JAWAB PIDANA PADA PELAKU TINDAK PIDANA PERCOBAAN ABORSI YANG MELIBATKAN JASA OKNUM DOKTER (STUDI PUTUSAN NO. 1106/PID.SUS/2018/PN.PLG)

Abortion is a problem that has violated ethics, laws and religions of various parties. Based on this, the problems of the thesis included the following aspects: (1) the judges considerations of imposing criminal sanctions on individual doctors, (2) criminal responsibility, (3) the perspective of medical ethics in conducting attempted abortion in the Decision No. 1106/Pid Sus/2018/PN.Plg. and (4) regulating abortion in the future The research method used was juridical normative (legal research). The results of the research showed that in imposing criminal sanctions, the judges considered juridical decisions more than non-juridical ones, criminal responsibility in which individual doctors conducted attempted abortion in the Decision No 1106/Pid Sus/2018/PN Plg had the elements of dualist view which fulfilled subjective and objective clements, regarding the ethical perspective of medical profession towards the crime of committing attempted abortion in the Decision No. 1106 Pid Sus 2018 PN Plg, the individual doctors had violated the code of ethics and doctor's oath, regarding eriminal-abortion laws in the future, it is necessary to reform criminal law with the policy-oriented approach as well as the value-onented approach. Keywords:Criminal Responsibility, Attempted Abortion, Medical Profession Code Of Ethics

STUDI PUTUSAN HAKIM PADA PERKARA CERAI GUGAT NOMOR 474/Pdt.G/2020/PA.JS TERHADAP HAK NAFKAH IDDAH

The Panel of Judges in deciding the case that the wife has the right of iddah (a period that must be lived by a woman after the death of her husband or after divorce, during which she cannot marry another man) for her claims against her husband. Therefore, to find out the reason for the non-provenance of nusyuz (a wife unreasonably refusing to comply with the wishes or orders of a legitimate husband) in obtaining the right to live iddah in the divorce law Number 474/Pdt.G/2020/PA.JS based on fiqh and UU Marriage Article 41 of 1974. This issue will be studied using a normative legal approach and a judge's decision study approach. The results of the analysis show that Decision Number 474/Pdt.G/2020/PA.JS concerning the issue of the right to live iddah in a divorce where the Panel of Judges carries out and decides various considerations in deciding the case: the ex-wife or plaintiff gets the right to live iddah from her ex-husband on the basis of considerations The law refers to Article 149 letter (b) of the KHI which basically states that if a marriage breaks up, the husband is obliged to provide a living. including food to eat and clothing to cover his wife's expenses during the period of iddah. Article 41 letter c of the Marriage Law states that the court can require the husband to provide maintenance or establish obligations for the wife. Keywords: Judge Consideration, Iddah Living , Divorce sue.

Kritik Terhadap Pembuktian Hubungan Kausalitas Dalam Putusan Pengadilan Terkait Pasal 93 Undang-Undang Kekarantinaan Kesehatan

This study aims to analyze and evaluate the accuracy of the judges' legal considerations in proving a causal relationship in Article 93 of the Health Quarantine Act. This is a normative legal research by bearing in mind that what is studied are the legal facts and legal considerations of judges in 3 (three) court decisions that have permanent legal force in the case of Habib Rizieq Shihab, the case of Bambang Iswanto and Rahmatika Maulidia Ashar Sukarno, and the case of Agus Basunondo. The results of the study concluded that none of the court decisions correctly considered that the convict's actions were the cause of the emergence of public health emergencies. The proof of the effect has even shifted from the emergence of a public health emergency to a crowd, a result that is not stated in the offense of Article 93 of the Health Quarantine Act. This study recommends that the Supreme Court needs to make guidelines on steps to prove causality in court decisions.

PERLINDUNGAN HUKUM TERHADAP JAMINAN AGUNAN DALAM PERJANJIAN KREDIT MODAL KERJA (KMK) (Studi Kasus Putusan No.466/Pdt.G/2020/PT.Mdn)

ABSTRACTThe thing which is the most disadvantaged party is the debtor, but it is possible that the bank as the creditor will also suffer losses from these problems.The problem in this research is how to regulate the law regardingthe debtor in the working capital credit agreement, how is the settlement process if the debtor is in default and how is the Judge's Consideration in Decision No. 466/Pdt/2020/PT MDN. This research method uses normative legal research and analytical descriptive research.The results of this study, legal arrangements regarding debtors in credit agreementsworking capital based on the provisions of Article 1338 of the Civil Code. The process of settling debtors with outstanding performance in a credit agreement can be carried out by saving credit through rescheduling, reconditioning and restructuring. Furthermore,settlement of credit by means of the execution of the executive title by the creditor, sale of objects to be objects of collateral through auctions, sales of collateral in underhand. The judge's consideration in the decision no. 466/2020/PT.MDN, namely the plaintiff or defendant I, must comply with the agreement that has been agreed uponincluding the existence of the plaintiff's bad credit, which should be Defendant I submitting a default suit to the Binjai District Court or submitting a request for execution to the Binjai District Court or other courts anywhere within the territory of the Republic of Indonesia, instead of submitting it to another institution, namely to Defendant II to resolve legal issues between the plaintiff and Defendant I.It is recommended that the creditor must be able to anticipate things that are done to the debtor due to default by conducting deliberation to find the best solution, moreover the debtor has good faith to pay the pending debt in accordance with the agreement that has been made.Keywords: Legal Protection, Guarantee, Credit Agreement

Analisis Yuridis Tindak Pidana Infanticide Berdasarkan Putusan Pengadilan No. 3311/PID.B/2018/PN.SBY

The infanticide crime is a special crime , in which one can do so is the biological mother of the infant. This specificity will be the core of this paper, reviewing the factors that cause the crime is done because it becomes the specificity of this criminal act. In addition to reviewing it , the writing of this paper will also be discuss about things that the judges consideration who hear case of infanticide murder, whether in the form of mitigating or incriminating reason. This research is conducted by empirical juridical who examine the crime according to reality in real life of society. The end of this study concluded that the main thing that causes a mother to kill her baby is the embarrassment factor, because it has given birth to achild outside a legal marriage

Urgensi Laporan Penelitian Kemasyarakatan Dalam Penjatuhan Pidana Bagi Anak Pelaku Tindak Pidana

Introduction: Reality shows that crimes are not only committed by adults, but also by children. Children who commit crimes must be held accountable for their actions that violate the law. Purposes of the Research: In order to analyze the juvenile offender, the law enforcement and sentencing process applied to the child is carried out specifically by prioritizing the best interests of the child. Methods of the Research: Type of research: Juridical Empirical, Data Sources include primary data and secondary data. Techniques for reviewing and collecting primary and secondary data are using literature studies and interview results. Data analysis used in legal research is qualitative analysis. Results Originality Findings of the Research: Based on the results of the study, it was found that the urgency of a community research report in imposing sanctions on children who commit criminal acts is an important matter. Community research reports that are made basically have an influence on the judge's decision in juvenile court. With the availability of community research reports, it can be used as consideration for judges in making their decisions as regulated in Article 60 Paragraph (3) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, if the judge does not consider the community research report from the Community Counselor, the legal consequences arising from the decision on the child who commits the crime are null and void, as referred to in Article 60 Paragraph (4) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.

Penyelesaian Sengketa Hak Asuh Anak Melalui Litigasi: Kajian Perkara No. 011/Pdt. G/2018/Pta. Plk

The settlement of child custody disputes becomes an endless dispute, as in case no. 011/Pdt. G/2018/PTA. Plk previously had three decisions from different courts. Custody is one of the things fought over by married couples who are going to or are getting divorced. This paper will look at how the settlement of child custody disputes is resolved by litigation as in case no. 011/Pdt. G/2018/PTA. Plk, and how the settlement is out of court or non-litigation and what considerations are used to resolve the dispute. Written using literature study with primary sources in the form of laws and related regulations. As a result, the holder of child custody is prioritized to the mother, but the regulation does not clearly state this requirement, so this is one of the judges' considerations. The consideration of judges in court as well as parties who help resolve cases outside of litigation as a whole will rely on what is best for the child by considering all aspects.

Abuse of Authority Corruption Under the Government Administration Act

Based on the Law Number 30 of 2014 concerning Government Administration, and the Supreme Court regulation have extended the absolute competence of the Administrative Court to examine elements of abuse of authority committed by state officials in carrying out their positions. However, this authority is not the only option given by law in Indonesia, which in addition there is also the authority of the general court to resolve the topic of abuse of authority that causes harm to the country. therefore, there is still ambiguity and overlap in laws related to abuse of authority which causes losses to state finances which ultimately has an impact on legal certainty and justice for related parties. This type of thesis research used normative juridical research that is descriptive. The Data used to answer the problems in this study were secondary data and primary data derived from library research. The results of the study found that the District Administrative Court was authorized to decide related elements of abuse of authority committed by the agency and/or government officials. The analysis of the state administration Case Number: 2/P/PW/2017/PTUN.JBI. not compatible with Perma No. 4 of 2015 because it did not meet the requirements, the new court is authorized to accept, examine, and decide the assessment of the application, after the results of the supervision of the government Internal Audit apparatus (APIP) and the court is authorized to accept, examine, and decide the assessment of the application for assessment of whether or not there was abuse of authority in the decisions and/or actions of government officials before the criminal process. The conclusion obtained was the analysis of the consideration of judges and the decision of the PTUN Jambi was wrong and not in accordance with what was mandated in Regulation No. 4 of 2015 (Perma No. 4 of 2015) on guidelines in the assessment of judicial elements of abuse of authority. It is recommended to the government to harmonize laws and regulations related to abuse of authority both in terms of criminal and administrative aspects of the government in order to achieve regulatory harmony.

Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts

This paper aimed at exploring judges’ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judges’ decision and the results of judges’ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions.