Decisions Of Judges Research Articles

Legal Protection Against Substitute Heirs Based on Islamic Law

This study aims to determine and analyze the determination of substitute heirs in the Decision of the Sidoarjo Religious Court Number 1498/Pdt.5/2020/PA.Sda and the Judge's Decision whether to consider the principles of Islamic inheritance law in accordance with the Compilation of Islamic Law on legal protection of substitute heirs. This research method uses a normative research type using a case approach. By collecting data on primary legal materials and secondary legal materials from court decisions and materials related to problems, namely scientific articles, journals. The analysis of legal materials begins through a literature study, which begins with an inventory by collecting the legal rules as a whole by relating to the main issues that exist. As in the case of inheritance rights disputes that occur as a result of one of the heirs not wanting to divide each part by deliberation. So that it can be used as a valid reason to file a dispute. This study concludes that the Sidoarjo Religious Court in deciding cases of inheritance rights disputes, uses Islamic inheritance law as a material consideration that is adapted to the Compilation of Islamic Law to make the decision. In addition, it also uses the principle of balanced justice to determine the share of heirs and substitute heirs.

SANKSI PELAKU PENGGELAPAN PAJAK DALAM PERSPEKTIF HUKUM PIDANA ISLAM (ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR: 1030K/PID.SUS/2016

In the Decision of the Supreme Court Number: 1030K / PID.SUS / 2016, it is known that the decision of the District Court Judge is not in accordance with the Law because it sub-subsidizes the fine, while in the High Court Judge Decision has also wrongly applied the sentence because it only gave a fine sentence in the year 2008 whereas 2009 was not awarded. Therefore, it is interesting to see the verdict that will be given by the Supreme Court Judge. There are two things that are raised to be the focus of the research, namely the basis for the consideration of Supreme Court judges and the analysis of Islamic criminal law on the sanctions for tax evasion perpetrators in Decision Number: 1030K / PID.SUS / 2016.
 The method used in this research is Normative Law Research, which aims to obtain theoretical matters through library research (Library Research). The type of data used is qualitative, while the source of the data taken in this study is secondary data which is obtained from data that has been processed and obtained from library materials. Then this discussion is described in a deductive way of thinking, namely from general to specific questions so that the presentation of the research results can be understood easily.
 The basis for consideration of Supreme Court judges in Decision Number: 1030 K / PID.SUS / 2016 is in accordance with juridical, philosophical, and sociological aspects. As for Islamic law, the sanctions for tax evasion perpetrators in the decision Number: 1030 K / PID.SUS / 2016 are categorized into Jarimah ta'zir.
 Keywords: Criminal Sanctions, Tax Embezzlement, Ta'zir

Green Justice: The Efforts of the Supreme Court of the Republic of Indonesia in Preserving the Environment Through the Judge Decision

The concept of justice is not only understood as a concept aimed at humans as the subject, but also the environment as a unified system, which ultimately justice is also for humans and the environment itself, both for present and future generations. The principles that develop in relation to environmental protection and management, are formed from global awareness which then become principles that must be adopted in the legal systems of countries that recognize the importance of environmental protection and preservation. The Supreme Court is fully aware of its role in protecting and preserving the environment. Through its regulations and decisions, the Supreme Court seeks to form a unified view of green justice and 'green judges'.

Comparasion Of Insult Regulation Towards President/Vice President In The Decree of The Constitutional Court

The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.

Sanksi Pidana oleh Tindak Pidana Mengedarkan Simpanan Farmasi Kosmetika Tanpa Izin Edar (Studi Kasus Putusan Pengadilan Negeri Denpasar No. Perkara 491/Pid.Sus/2018/PN DPS)

This study aims to identify and explain criminal sanctions for cosmetic producers or sellers who do not have this distribution license. The type of research used is normative legal research by analysing cases using the Denpasar District Court Decision Case Number 491/Pid.Sus /2018/ PN DPS. This study uses a statutory approach by examining all laws related to this case, conceptually by combining the opinions of experts so that it becomes the author's legal argument, and the case approach is by using a court decision. The results of the study show that there must be elements that indicate that a person has committed a criminal act, and in this writing there are 3 (three) elements that explain that the defendant committed a criminal act. Imposition by the criminal sanction of distributing cosmetic pharmaceutical deposits that do not obtain a distribution permit as regulated in Law Number 36 of 2009 concerning health is regulated in articles 197-201. In this case, the Panel of Judges considered Article 197, namely a maximum imprisonment of 10 (ten) years and a maximum fine of 1,000,000,000 (one billion rupiah). However, the defendant here does not need to undergo the sentence unless later there is another order from the Judge's decision that he has been guilty of committing a criminal act during the probation period has not ended.

The Disparity Of Judge's Decisions In The Same Criminal Act Of Corruption

The purpose of this study is to find out what are the factors that cause the disparity of criminal sanctions in the verdict of criminal acts of corruption as well as the legal basis that becomes the consideration for making decisions on corruption crimes by judges, especially in the Gorontalo District Court.The type of research used is normative juridical research, with a statutory and conceptual approach, for this approach several primary legal materials are used, namely laws and regulations relevant to the object of study supported by secondary legal materials in the form of books, journals and other sources. . The conclusion of this study found that there were differences in the results of the comparison of two different decisions where the Gorontalo District Court Decision Number 18/Pid.Sus-TPK/2020/PNGto which harmed the state by 43 billion was only given a sanction of 1 year 6 months in prison while in decision number 1/ Pid.sus -TPK/2018/PNGto which harms the state as much as 1 billion is given a prison sentence of more than 4 years so that this can be said to be a disparity of decisions.

Multicriteria Decision-Making Applications Based on Generalized Hamming Measure for Law

Jurisprudential decisions always reflect confidence in the law. The more wrong a judge's decision is, the greater the reaction will be. This is something we all know. But today, the reactions to the decisions of the judges are increasing in a negative way. Because, making so many conscientious decisions or transferring cases to higher courts have widely increased. This means that people's objections to the decisions increase. To avoid such problems in judges' decisions, an algorithm is introduced in this article. The mentioned algorithm shows every decision given by judges as generalized set-valued neutrosophic quadruples and calculates its similarity to the ideal decision by Hamming similarity measure on generalized set-valued neutrosophic quadruples. The algorithm is introduced in such a way that it decides whether the decision to be made in each case is similar to the decision made by the judge or not. This allows us to see how correct the judges’ decisions are. The closer the algorithm result is to 1, the more accurate the decision. You can judge decisions according to this accuracy value and it is aimed to reduce the problems such as objections to the decisions.

Appraisal Risk and Corporate Disclosure During Mergers and Acquisitions

I exploit a 2007 court ruling that significantly strengthens appraisal rights for shareholders of Delaware-incorporated target firms to examine how managers respond to appraisal risk during takeovers. Appraisal rights give target shareholders the right to receive a judge’s determined value for their shares in lieu of the acquirer’s offer. Target-firm disclosures play a critical role in the valuation decisions of judges; and valuation decisions pose a substantial risk to acquirers. I find that heightened appraisal risk induces target managers to withhold positive news arriving between the announcement and effective completion of the takeover. This observation is driven by target managers who are aligned with acquirers. I further document that acquirers benefit from this behavior in the form of a lower likelihood of appraisal and a higher likelihood of positive post-acquisition returns. Overall, my findings suggest that acquirer-target manager ties play an important role in facilitating the dilution of target shareholder property rights.

ОСОБЛИВОСТІ ВИЗНАЧЕННЯ РОЗМІРУ ІНДЕКСАЦІЇ ГРОШОВОГО ЗАБЕЗПЕЧЕННЯ ВІЙСЬКОВОСЛУЖБОВЦІВ ПІД ЧАС ПРОВЕДЕННЯ СУДОВИХ ЕКОНОМІЧНИХ ЕКСПЕРТИЗ

The article considers the concept of indexation of cash collateral, its justification and the obligation to accrue and pay. Indexation is a component of the financial security of servicemen and one of the main state guarantees. That is why it is subject to mandatory accrual and payment. According to the current legislation, the indexation of monetary income of the population is carried out when the value of the consumer price index exceeds the indexation threshold, which is set at 103 percent. The calculation of the consumer price index for the indexation of monetary income of the population is a cumulative result. To further index the monetary income of the population, the calculation of the consumer price index begins in the month in which the consumer price index exceeded the indexation threshold. The increase in monetary income of the population in connection with the indexation is carried out from the first day of the month following the month in which the consumer price index is published. Equally important is the correctness of the indexation, which in turn depends on the correctness of the base month. Resolution of the Cabinet of Ministers of Ukraine of December 9, 2015 № 1013 amended the Procedure for indexation of monetary income of the population. Therefore, the calculation of the consumer price index for indexation since January 2016 was carried out not individually for each employee, depending on the date of his employment (position), but from the date of the last revision of the tariff rate (salary) for the position held by the employee. Based on the norms prescribed in the Procedure for indexation of monetary incomes of the population, the month in which the tariff rates (salaries) were increased became the base for the indexation. Recently, there has been a situation with non-accruals and non-payment of indexation of cash benefits to servicemen of the Armed Forces of Ukraine, the National Guard of Ukraine, the State Border Guard Service of Ukraine for the period 2016–2018, which contradicts current legislation. As a result, the number of decisions of judges and applications of servicemen to conduct forensic economic examinations in order to document and determine the amounts of non-accrued or not fully accrued by military units indexation of monetary support has increased. Recently, there has been a situation with non-accruals and non-payment of indexation of cash benefits to servicemen of the Armed Forces of Ukraine, the National Guard of Ukraine, the State Border Guard Service of Ukraine for the period 2016–2018, which contradicts current legislation. In this regard, the number of decisions of judges and applications of servicemen to conduct forensic economic examinations in order to document and determine the amounts of unaccrued or incompletely accrued by military units indexation of monetary support has increased.

Juridical Review of the Legal Imposition of the Defendant in the Sued Divorce Case as the Implementation of Just PERMA No. 3 of 2017

The law enforcement paradigm regarding the legal imposition of the Defendant in the case of sued divorce lawsuit as the implementation of Perma No. 3 of 2017, the factor of law protection and justice for women and children's rights due to the divorce of their parents in the Religious Court is essential as the upholding of the rule of law and justice. Judges in adjudicating women's cases against the law must adhere to the following principles: respect for human dignity, non-discrimination, gender equality, equality before the law, justice, benefit and legal certainty. The process of adjudicating a divorce case, even if the initiative of the case is from the woman, her rights must be protected by the former wife, as well as the rights of her child. Normatively, the legal arrangements for the divorce case are Article 73 to Article 83 of Law Number 7 of 1989 Jonto Article 114 to Article 156 Compilation of Islamic Law, and as the initiator of the filing of the divorce case is the wife as the plaintiff. This study uses a sample of several decision objects in certain Religious Courts in the jurisdiction of the High Court of Religion, Central Java, through a series of research methods with a sociological juridical approach or social legal research, and data collection techniques through interviews and literature study. The implementation of Perma No. 3 of 2017 regarding the legal imposition of the Defendant in the case of sued divorce lawsuit in the Religious Court can be formulated in the form of a dictum of the Judge's decision "Condemnatur" as a court product that contains the rights of the former wife as the Plaintiff, as well as the rights of child support, fees sustainability of education and health that is just.

CONSTITUTIONAL INTERPRETATION OF ORIGINAL INTENT ON FINDING THE MEANING OF SOCIAL JUSTICE IN THE CONSTITUTIONAL REVIEW

<p><em>This article will study whether original intent method able to find justice in constitution and formulate constitutional interpretation that will able to perform constitutional supremacy. This study uses a doctrinal approach or also referred to as the normative legal approach. The method taken in this writing is analysis descriptive which describes and analyses constitutional interpretation with original intent method. Formulating constitution interpretation which answers people dynamic but doesn’t lose its original constitutional intent. This research shows that Constitutional interpretation with original intent method can mean as an interpretation which assimilate the spirit of how the original written constitution was formulated when building UUD 1945, the opinion of constitution’s founders in their understanding on the purpose and the nation’s ground principals. Basically, All the rules must not contradict with constitution’s intention. The freedom of judges to decide is not freedom without limits. The limitations of judges' freedom of interpretation are Pancasila and the 1945 Constitution. Decisions made by judges must not conflict with Pancasila and the 1945 Constitution, constitutional judges have great power in interpreting the 1945 Constitution. This power is vulnerable to various interests which make the decisions of constitutional judges not objective. Accountability of decisions in public and academics should be a legal idea that can be realized, not to judge the verdict but to know the basis of interpretation and or legal discovery by constitutional judges</em></p>

ANALISIS PUTUSAN GUGATAN PERWAKILAN KELOMPOK SEBAGAI UPAYA MENDAPATKAN MENDAPATKAN JAMINAN PERLINDUNGAN HAK ATAS TANAH (Studi Putusan No. 262.Pdt.G/Class.Action/2016/PN.Jkt.Pst)

Examine more deeply regarding Class Action Filing in Indonesia which is regulated in the Supreme Court Regulation No.1 of 2002., in this analysis one of the decisions is 262.Pdt.G / Class.Action / 2016 / PN.Jkt.Pst, The decision contains a group of residents of DKI Jakarta Selatan, consisting of several groups, jointly filing a lawsuit against the law (1365 BW) against related agencies which are deemed to have caused material and immaterial losses due to the normalization of the Ciliwung River. The research used is normative descriptive and literature study. In this study will examine the Considerations of the Panel of Judges regarding the Guarantee of Protection of Land Rights based on the Basic Agrarian Law and the Law on Land Acquisition. The result of this research is that the Judge's Decision does not accommodate the Plaintiffs, so that the aspects of justice that live in the eyes of the community are not fulfilled. Keywords: Lawsuit Group Representatives, Judge's Consideration, Land Rights.

Kesaksian Non Muslim dalam Putusan Hakim Pengadilan Agama Curup Nomor 571/Pdt. G/2016

The focus of the study of this article is on the Decision of the Curup Religious Court Judge number 571 / Pdt. G / 2016, which received testimony from non-Muslims. The classical fiqh scholars have formulated that Islam is one of the conditions that must be met in order to receive witnesses or testimony in a trial. As for the non-Muslim witnesses, the fiqh scholars have different opinions. Imam al-Syafi'i flatly rejected it. Other fiqh scholars, from the Hanafiah, Maliki and Hanabilah circles, accept non-Muslim testimonies in certain cases and circumstances. This article examines two issues, first, what the judges consider accepting non-Muslims as witnesses, and second; how is the view from the Maqâshid al-Syari`ah side. These two problems were analyzed descriptively qualitatively, using the content analysis method and the Maqâshid al-Syari`ah analysis approach. This article concludes: First, the judge's consideration of receiving non-Muslim testimony in the Curup Religious Court Judge's Decision number 571 / Pdt. G / 2016 is due to the absence of Muslim witnesses. Second, in the perspective of Maqâshid al-Syariah, the acceptance of testimony from non-Muslims in the absence of Muslim witnesses becomes a conditional need so that the case process can be resolved properly and fairly, lâ dharâra wala dhirâr, leading to the maintenance of the benefits of marriage. When Muslim witnesses are not found (absent), the testimony of non-Muslims can be categorized as the benefit of the hajiyat level. namely the level of benefit needed to provide convenience and eliminate difficulties in implementing legal provisions.

Is your own team against you? Implicit bias and interpersonal regard in criminal defense

ABSTRACT Racial disparities in conviction and incarceration have been lamentable features of legal systems for a long time. Research has addressed the attitudes and decisions of police, prosecutors, jurors, and judges in contributing to these disparities, but very little attention has been paid to defendants’ own team members—i.e., criminal defense attorneys. Researchers have specifically identified this as a “scholarly gap”. To address this, we conducted an empirical study of criminal defense attorneys practicing in forty-three U.S. states (N = 327). The attorneys completed both an implicit measure designed to capture racial bias (a race Implicit Association Test) and an explicit measure designed to capture interpersonal regard for clients. The results provided support for longstanding, but previously speculative, assertions of bias in criminal defense.

TINJAUAN PENERAPAN PUTUSAN HAKIM TAHUN 2017-2019 PERUSAKAN HUTAN UU NO.41 TAHUN 1999 DENGAN UU NO.18 TAHUN 2013

This study aims to find out the differences and similarities about forest destruction, to assess the quality of Comparison of Criminal Acts of Forest Destruction According to Law No.41 of 1999 with Law No.18 of 2013. With the background of problems regarding criminal acts of forest destruction and the application of the law taken by the judge. The research method used in this study is a normative juridical approach and cases of criminal acts of forest destruction. Criminal acts in the forestry sector are regulated in Law No.41 of 1999 concerning Forestry and Law No.18 of 2013 concerning the Prevention and Eradication of Forest Destruction. Forest destruction is generally an activity that uses forest areas without a permit (illegitimate) were the forms of forest destruction such as illegal logging, forest encroachment, an acquaintance of flora and fauna originating from forest friends protected by the law. Keywords: Implementation, Judge's Decision, Criminal Acts, Forest Destruction

Penerapan Mashlahah Mursalah Sebagai Pertimbangan Hakim Dalam Memutus Perkara di Pengadilan Agama

The use of mashlahah mursalah as a basis for legal determination among ulama is still disputed until it is divided into two groups, namely the group that uses mashlahah mursalah and the group that does not use mashlahah mursalah, but the difference of opinion has no effect on religious judges in Indonesia, because there are several decisions of religious judges. Applying mashlahah mursalah as a basis for consideration in his decision. This is as stated in the decision of the Jambi Religious Court judge in the Divorce Case Number 634 / Pdt.G / 2019 / PA.Jmb, Marriage Dispensation Number 40 / Pdt.P / 2020 / PA.Jmb, and Isbat Nikah Number 14 / Pdt. P / 2017 / PA.Jmb. This is based on several legal considerations, namely first, using mashlahah mursalah as argument and legal reasoning based on evidence and facts in court. Second, avoiding the harm that seekers of justice are facing with the aim of achieving the essence of sharia, namely protecting religion, soul, mind, descent and property.

Hakim Perempuan Dalam Perspektif Islam

This article proves that an existence of women as a judges has continuously became a debatable issue. Furthermore this article agrees with Ibn Jarir al-T}abari that allows men and women to become muftis or judges. This article is in line with Euis Nurlaelawati and Arskal Salim’s argument stating that the high sensitivity of women judges may lead to problem in judges decision making. This research used normative approaches, that may applied and analyzed based on related laws and regulations.

Hakim Perempuan Dalam Perspektif Islam

This article proves that an existence of women as a judges has continuously became a debatable issue. Furthermore this article agrees with Ibn Jarir al-T}abari that allows men and women to become muftis or judges. This article is in line with Euis Nurlaelawati and Arskal Salim’s argument stating that the high sensitivity of women judges may lead to problem in judges decision making. This research used normative approaches, that may applied and analyzed based on related laws and regulations.

Decision of Judges on Proof of Narcotics Rised for the State

Pancasila as the source of state law, the placement of Pancasila as the source of all sources of state law is in accordance with the Preamble of the 1945 Constitution of the fourth paragraph, namely Almighty Godliness, Just and Civilized Humanity, Indonesian Unity, Democracy Led by Wisdom in Consultation and / Representative, and Justice for All Indonesian People. The position of Pancasila is the basis and ideology of the state as well as the philosophical basis of the state so that any material contained in the laws and regulations must not conflict with the values of Pancasila. Pancasila can be applied in everyday life, in this case the values of Pancasila can be seen in the role of the prosecutor in the execution of narcotics crimes at the Metro District Attorney's Office, which is more dominant as a factual role, because it is based on the fact that the prosecutor who carried out narcotics evidence was confiscated for state, law enforcement by judges on evidence of narcotics in the Metro District Court Decision. In his consideration that the evidence presented by the public prosecutor before the court and confirmed by the defendant is a tool or object used in the crime. Narcotics, which refers to Article 101 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, explains “Narcotics, Narcotics Precursors and tools or goods used in Narcotics and Narcotics Precursors or related to narcotics and Narcotics precursors. The role of the prosecutor in executing booty from narcotics crime at the Metro District Attorney is more dominant as a factual role, because it is based on facts, namely the prosecutor executed based on the Metro District Court Decision Number: 132/Pid.Sus/2015/PN.Met. Then the factors inhibiting the prosecutor in executing booty from the crime of narcotics at the Metro District Attorney are: Obstacles in executing narcotics evidence confiscated for the State, namely juridical and nonyuridical obstacles. The purpose of this research is to understand how the judge's verdict on narcotics evidence is confiscated for the state. The research method used is the Normative and Empirical methods.

Paradigma Keadilan Restoratif Dalam Putusan Hakim

Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.
 
 Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.