Indonesian Supreme Court Research Articles

Applying the Straftoemetingsleiddraad in a Corruption Case in Indonesia

Criminal Disparity in a corruption case is unacceptable in philosophical reasoning, sociologically, or even from the perspective of legal objectives, which in theory and factual facts lead to judicial caprise and the presumption of judicial corruption in the verdict, where it will adversely affect the fair justice of the convicted or for the Indonesian people as victims of corruption. Criminal Law gives alternative in order to give pressure the criminal disparity through straftoemetingsleiddraad or guidance of sentencing of the judges in prosecuting without violating the principle of freedom of judges, either through the Indonesian Supreme Court Regulations for now as ius constitutum, or through the legislation process of the Anti-Corruption Act for the future as ius constituendium.

Procedures for Completing Small Claims Lawsuit of Civil Cases in District Court in Indonesia

The development of legal relations in the economic and other civil sectors in community highly requires a faster and less costly dispute resolution process, especially in small civil disputes. In connection with this matter, Indonesian Supreme Court issued various Supreme Court regulations, including Regulation No. 2 of 2015 concerning Procedures for Completion of Small Claims. The issuance of this regulation was to resolve special civil disputes regarding the acts against the law. In a small claim court lawsuit, it is required that the plaintiff and defendant be in the same jurisdiction. The value of the material suit in a small claim lawsuit is at most IDR 200 million or equal to 13,811 USD. Furthermore, for a small claim examination and verification of a lawsuit, it is carried out in a small manner, where the period of completion is determined a maximum of 25 days from the first trial day to the decision.

Court Decision Publication and Judicial Reform Based on Electronic Court and Its Implication to Public Trust in Indonesia

This paper is motivated by the spirit of judicial reform in Indonesia in the reformation era. The right to access information on judicial institutions is an integral part of the constitutional rights that guaranteed by the Indonesian Constitution and must be fulfilled. The question proposed in this paper is how far the court decisions publication and judicial reform based on electronic courts implicated to increase public trust to judicial institutions in Indonesia? On the one hand, public information disclosure is a demand for democracy, transparency, and accountability of judicial institutions to gain the public trust. On the other hand, the level of public trust to the judicial institution is still low. The research objective is to provide a general description the judicial information system services based on electronic court through the Supreme Court Decisions Directory and its implication to increase the public trust to the judicial institutions in Indonesia. The results of this study indicate that the public can now easily access all court information ranging from case administration service procedures to issuing court decisions, which also has implications to increase the public trust to the judicial institutions itself. The evidence can be seen in the decision-making filing program in the last ten years, in which the Indonesian Supreme Court has also succeeded in publishing 4,661,021 court decisions, consisting of 4,403,428 at first-level court decisions, 123,995 at appellate court decisions, 100,863 at verdict decisions, and 32,735 at reconsi¬deration decisions.

PENGARUH KOMPONEN-KOMPONEN FRAUD STAR TERHADAP KORUPSI DENGAN SISTEM PENGENDALIAN INTERN PEMERINTAH (SPIP) SEBAGAI VARIABEL MODERASI

This study aims to examine the influence of fraud star components to corruption with the government internal control system (SPIP) as a moderation variable. The sample used in this study was 230 respondents to the Judges, Employees and Auditors of the Indonesian Supreme Court. The test is carried out using Structural Equation Modeling (SEM) analysis, the data is processed using Partial Least Square (PLS) on the Windows 10 version of the SmartPLS3.2.8. The result of the research shows that pressure has a positive effect on corruption, opportunity has a positive effect on corruption, rationalization has a positive effect on corruption, the ability to have a positive effect on corruption and integrity has a negatif effect on corruption. The government internal control system weakens the positive influence of pressure on corruption, the government internal control system does not weaken the positive influence of opportunity on corruption, the government internal control system does not weaken the positive influence of rationalization on corruption, the government internal control system does not weaken the positive influence of the ability to corruption and the internal control system the government does not strengthen the negative influence of integrity on corruption. The government internal control system (SPIP) in the Supreme Court of the Republic of Indonesia must be able to be adapted to the COSO theory because the Supreme Court is a government institution that has special charecteristics where as a law enforcer has the authority to decide a case.

Revealing the unexplained wealth in Indonesian corporation

PurposeThe purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition.Design/methodology/approachThis paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach.FindingsNon-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values.Practical implicationsThis paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture.Originality/valueThis paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

Expanding Access To Justice Through E-Court In Indonesia

Indonesia's Supreme Court (MA) has started a new initiative by applying modern technology to the justice system through e-court. This new measure is a sign that the court responds the development in information technology while improving the quality of legal administration which has long been considered complicated by those seeking justice. This article raises a problem related to the implementation of the e-court system. This article uses a normative approach by obtaining data from various reports and books to be analyzed further and presented descriptively. It tries to explore whether the implementation of e-court has an impact on the efficiency of the administration of legal proceedings as well as an increase in transparency in the process of seeking justice and encouraging professional, transparent, accountable, effective and efficient justice administration Keywords: Access to justice; e-court; modern court Memperluas Akses Keadilan Melalui E-Court Di Indonesia Abstrak Mahkamah Agung (MA) Indonesia telah memulai inisiatif baru dengan menerapkan teknologi modern pada sistem peradilan melalui e-court. Langkah baru ini merupakan tanda bahwa pengadilan merespon perkembangan teknologi dan informasi sekaligus meningkatkan kualitas administrasi hukum yang selama ini dianggap rumit oleh pencari keadilan. Tulisan ini mengangkat permasalahan terkait penerapan sistem e-court. Tulisan ini menggunakan pendekatan normatif dengan memperoleh data dari berbagai laporan dan buku untuk dianalisis lebih lanjut dan disajikan secara deskriptif. Penelitian ini mencoba menelusuri apakah penerapan e-court berdampak pada efisiensi penyelenggaraan proses hukum serta peningkatan transparansi dalam proses mencari keadilan dan mendorong penyelenggaraan peradilan yang profesional, transparan, akuntabel, efektif dan efisien. Kata kunci: Akses ke Pengadilan; E-Court; Pengadilan Moderen

PERANAN KEJAKSAAN DALAM IMPLEMENTASI PENEGAKAN HUKUM PERATURAN MAHKAMAH AGUNG RI NOMOR : 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP TERHADAP PENYELESAIAN TINDAK PIDANA HARTA KEKAYAAN (DALAM SISTEM PERADILAN PIDANA DI INDONESIA)

This study aims to find out and understand how the Duties and Authority of the Prosecutor's Office in Applying the Republic of Indonesia Supreme Court Regulation number: 02 of 2012 concerning the adjustment of minor criminal offenses and the amount of fines in the Criminal Code in relation to cases of minor criminal offenses. (Case Study of Theft Case in the Kampar District Prosecutor's Office) and What are the obstacles and obstacles faced by the Research Prosecutor in Applying the Republic of Indonesia Supreme Court Regulation No. 02/2012 concerning the adjustment of minor criminal offenses and the amount of fines in the Criminal Code in Minor Crimes in the scope of Assets. this is done sociologically, based on facts in the field. The results of the study found that the Public Prosecutor in carrying out his duties in the field of prosecution in receiving case files Investigations by the Police must carefully see whether a case is included in the category of Minor Crimes as intended by Supreme Court Regulation Number 2 of 2012 or not with various considerations that can understood by Police Investigators, of course this will give a sense of justice both to the Suspect and to victims of crime and the community at large.This study aims to find out and understand how the Duties and Authority of the Prosecutor's Office in Applying the Republic of Indonesia Supreme Court Regulation number: 02 of 2012 concerning the adjustment of minor criminal offenses and the amount of fines in the Criminal Code in relation to cases of minor criminal offenses. (Case Study of Theft Case in the Kampar District Prosecutor's Office) and What are the obstacles and obstacles faced by the Research Prosecutor in Applying the Republic of Indonesia Supreme Court Regulation No. 02/2012 concerning the adjustment of minor criminal offenses and the amount of fines in the Criminal Code in Minor Crimes in the scope of Assets. this is done sociologically, based on facts in the field. The results of the study found that the Public Prosecutor in carrying out his duties in the field of prosecution in receiving case files Investigations by the Police must carefully see whether a case is included in the category of Minor Crimes as intended by Supreme Court Regulation Number 2 of 2012 or not with various considerations that can understood by Police Investigators, of course this will give a sense of justice both to the Suspect and to victims of crime and the community at large.

DOKTRIN PIERCING THE CORPORATE VEIL: KETENTUAN DAN PENERAPANNYA DI INGGRIS, AUSTRALIA DAN INDONESIA

This article discusses about provisions and application of the Piercing The Corporate Veil (PVC) doctrine in the United Kingdom, Australia and Indonesia. The main issue is when and how the courts apply the PVC doctrine, also whether the doctrine can be applied outside the courts or not. In some states such as the United Kingdom and Australia which exercise common law tradition, the courts may apply the PVC doctrine on share holders and directors when there is an exceptional circumstance which requires to apply the doctrine. Similar to both states, Indonesia, through the Indonesian Supreme Court, has already applied the doctrine long before the law on Limited Liability Company was enacted. In 1998, a unique legal case about the Liquidity Aid of Bank Indonesia shows a phenomenon that was beyond the normal understanding of the Law. In that time, the Indonesian Bank Restructuring Agency applied an out-of-court settlement model to hold shareholders' liability. Finally, this article recommends that a legal and economic study should be considered to examine the effectiveness of this approach.

The Shifting of the Law Firm Business Model in the Disruption Era

The flow of globalization, liberalization and the development of information technology must be anticipated by every law firm. Especially with the massive development of information technology where such condition is often referred to as the disruption era. It means that the development of information technology in an industry has the potential to replace old players with new ones. In the disruption era, old physical technology will be replaced with digital technology that produces something that is completely new, more efficient and also more useful. In the management of law firm, there are at least two areas of innovation that must be developed: legal service and legal process. To realize an effective and efficient legal process there are two steps that can be taken, the development of Knowledge Management Systems and Knowledge Management Technology.In the perspective of the law firm business model in the era of disruption, in addition to developing legal processes in the form of Client Portal, Information System and Virtual Data Room, it is also necessary to develop electronic document and records management systems (“EDRMS”). The EDRMS development is also carried out to anticipate the application of Case Administration in the Electronic Court (e-Court) which was imposed based on the Republic of Indonesia Supreme Court Regulation No. 3 of 2018. Keywords: Business Model, Law Firm, Disruption Era DOI : 10.7176/JLPG/89-15 Publication date :September 30 th 2019

IMPLEMENTASI PERADILAN ELEKTRONIK (E-COURT) PASCA DIUNDANGKANNYA PERMA NOMOR 3 TAHUN 2018 TENTANG ADMINISTRASI PERKARA DI PENGADILAN SECARA ELEKTRONIK

The continuous development of information and technology (IT), demands its adoption in court institutions worldwide. Therefore, the application of e-court in Indonesia started after the publication of Supreme Court Regulation number 3 of 2018. The purpose of this article is to describe the adaptation of the Indonesian Supreme Court to the use of information technology, in an effort to improve its performance. This research focuses on two research problems, firstly, how is the regulation and implementation of electronic court in Indonesia? Secondly, what are the implications of accessing its application among justice seekers? A normative approach, which relates the broad access towards the justice seeker, was used. The implementation of IT in court processes is a reformative initiative, through innovation, efficiency, structure and system. This advancement would also assist the judges in examining, judging and declaring a case. Socially, these further helps those who seek justice to cost effectively simplify and hasten the process, therefore mark a new era.

Citizen Lawsuit in Environmental Cases

The citizen law suit is one of the effective alternatives for the environmental law enforcement. The citizen lawsuit in environmental disputes has been regulated in the PPLH Law specifically Article 91 paragraph (1) and the Chief Justice of the Indonesian Supreme Court Number 36/KMA/SK/II/2013 concerning the Implementation of Guidelines for Handling Environmental Cases. However, there are no specific rules governing citizen lawsuits in Indonesia because it’s not widely known in the Indonesian legal system. This paper argues that there are three main constraints to the practice of citizen lawsuits in environmental cases, namely: (1) the absence of legal rules that specifically regulate citizen lawsuits, especially the reading mechanism; (2) lack of understanding of law enforcement officials (especially judges) regarding citizen lawsuits; and (3) lack of environmental-certified judges in Indonesia, especially in regions.
 Keywords: Citizen Lawsuit, Environment, Government

PERANAN KEJAKSAAN DALAM IMPLEMENTASI PENEGAKAN HUKUM PERATURAN MAHKAMAH AGUNG RI NOMOR: 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP TERHADAP PENYELESAIAN TINDAK PIDANA HARTA KEKAYAAN (DALAM SISTEM PERADILAN PIDANA DI INDONESIA)

ABSTRAKPenelitian ini bertujuan untuk mengetahui dan memahami bagaimana Tugas dan Kewenangan Kejaksaan dalam Penerapan Peraturan Mahkamah Agung RI nomor: 02 tahun 2012 tentang penyesuaian batasan tindak pidana ringan dan jumlah denda dalam KUHP dalam kaitannya dengan perkara tindak pidana ringan Harta Kekayaan di dalam KUHP dalam proses Pra Penuntutan (Studi Kasus Perkara Pencurian di Kejaksaan Negeri Kampar) dan Apakah kendala dan hambatan yang dihadapi Jaksa Peneliti dalam Penerapan Peraturan Mahkamah Agung RI Nomor: 02 tahun 2012 tentang penyesuaian batasan tindak pidana ringan dan jumlah denda dalam KUHP dalam Tindak Pidana Ringan lingkup Harta Kekayaan.penelitian ini dilakukan secara sosiologis yakni berdasarkan fakta fakta yang aad dilapangan. Hasil penelitian menemukan bahwa Jaksa Penuntut Umum dalam melaksanakan tugasnya dibidang para penuntutan dalam menerima berkas perkara Penyidikan oleh Pihak Kepolisian harus dengan seksama melihat apakah suatu perkara masuk dalam kategori Tindak Pidana Ringan yang dimaksudkan Peraturan Mahkamah Agung Nomor 2 Tahun 2012 atau tidak dengan berbagai pertimbangan yang dapat dipahami oleh Penyidik Kepolisian tentu saja hal ini akan memberikan rasa keadilan baik bagi Tersangka maupun bagi korban tindak pidana dan masyarakat pada umumnya. Kata kunci: kewenangan; penyelesaian; dendaABSTRACTThis study aims to find out and understand how the Duties and Authority of the Prosecutor's Office in Applying the Republic of Indonesia Supreme Court Regulation number: 02 of 2012 concerning the adjustment of minor criminal offenses and the amount of fines in the Criminal Code in relation to cases of minor criminal offenses. (Case Study of Theft Case in the Kampar District Prosecutor's Office) and What are the obstacles and obstacles faced by the Research Prosecutor in Applying the Republic of Indonesia Supreme Court Regulation No. 02/2012 concerning the adjustment of minor criminal offenses and the amount of fines in the Criminal Code in Minor Crimes in the scope of Assets. this is done sociologically, based on facts in the field. The results of the study found that the Public Prosecutor in carrying out his duties in the field of prosecution in receiving case files Investigations by the Police must carefully see whether a case is included in the category of Minor Crimes as intended by Supreme Court Regulation Number 2 of 2012 or not with various considerations that can understood by Police Investigators, of course this will give a sense of justice both to the Suspect and to victims of crime and the community at large.Keywords: legal authority; settlement; fines

STAKEHOLDER PERCEPTION AND AWARENESS ON THE CAUSAL RELATIONSHIP BETWEEN MINING EXPLOITATION AND ENVIRONMENTAL DEGRADATION IN MINAHASA REGION INDONESIA

Bangka Island in North Sulawesi is home to several endemics and endangered terrestrial and marine wildlife and at the same time a well-known tourist destination is facing a serious threat to irreversible environmental destruction due to mining activities. Although finally ordered closure by Indonesian Supreme Court, the initial mining activities have greatly impacted the highly critical environment of Bangka Island. This study aims to examine the documents (including government-issued permits as well as related laws and regulations) and interviewed key respondents as to their knowledge of the supposed mining activity and their perceived impacts. Results revealed that there were lapses in the Indonesian government's side in issuing permits. The respondents (N = 34) were fully aware of the natural resources (including mineral resources being mined) and identified mining as the major threat to the sustainability of the livelihood (tourism and fishery) that highly depend on the fragile island ecosystem of Bangka Island. We showed using a multivariate non-metric multidimensional scaling based on the respondents' attitude or perception towards the mining activities in Bangka Island. Regardless of their educational status, age, and occupation, it appears that the respondents have negative perceptions towards mining and openly suggest that mining be stopped. We identified major failures on the side of the government and the mining operators, including lack of proper consultation among stakeholders as well as failure to recognize the fragile condition (i.e. as a small island ecosystem) of Bangka Island as indicated in Indonesian laws and regulations related to zoning and utilization.Keywords: Bangka Island, Environment, Mining, North Sulawesi, Permits, Tourism, ZoningJEL Classifications: L72, Q30DOI: https://doi.org/10.32479/ijeep.7689

Pelaksanaan Sanksi Denda E-Tilang Bagi Pelanggar Lalu Lintas

One solution to enforce traffic violation is by using E-ticket (e-tilang) penalties for traffic violators. Conceptually, E-tilang is the settlement of electronic-based traffic violation cases through information system and technology, as stated in Article 1 number 2 of the Republic of Indonesia Supreme Court Regulation Number 12 of 2016 concerning how to resolve traffic violation cases. E-tilang is considered able to provide more practical and fast service compared to conventional ticket. The problem in this study is to identify how is the implementation and constraints of the e-tilang system fine sanctions in the settlement of traffic violations cases in Banyumas police station jurisdiction? This research is an empirical study using sociological juridical approach. The data is processed in a qualitative descriptive manner. The focus of this research is the implementation of e-tilang penalties for traffic offenders in Banyumas. The results of this study describe the application of e-tilang to facilitate the speed, convenience, and openness of the implementation of the ticketing process to replace in-place ticketing process.

Constitutional Preview and Review of International Treaties: France And Indonesia Compared

The Indonesian Supreme Court and the Indonesian Constitutional Court are experienced in examining international treaties, although the Indonesian constitution and national laws do not stipulate this matter explicitly. The Constitutional Council of France has the authority to examine judicial previews of bills concerning international treaties. Moreover, French judges can examine international treaties. There is also the European Court of Human Rights, which has an important role concerning the control of conventionality. This article aims to promote discussion about the examination of international treaty cases in Indonesia. It begins by considering the international scholarly literature on integrating international treaties and the rank of international treaties in the national legal system. Then, this article discusses the possibility of the Indonesian Constitutional Court to examine judicial preview of international treaty bills and judicial reviews concerning ratified international treaties.

Application of Republic of Indonesia Supreme Court Regulation No. 13 of 2016 Concerning Procedures for Subscribing to Criminal Cases by Corporations in Corporate Criminal Responsibility in Indonesia Based on the Decision of the Central Jakarta District Court Number: 94 / Pid.Sus-TPK / 2017 / PN. Jkt.Pst

Corporations at this time are no longer just subjects of ordinary law, but corporations are now a forum for corruption. Corporate criminal sanctions in Decision Number Number: 94 / Pid.Sus-TPK / 2017 / PN.Jkt.Pst the judge imposes criminal sanctions not only on the accused individual but also imposes criminal sanctions on the corporation PT. Duta Graha Indah (PT.DGI). In 2009-2010 PT. DGI through its main Director at that time made an agreement in the arrangement of the development projects for special infection hospitals and tourism at Udayana University in the 2009 and 2010 fiscal years in order to win PT DGI as the implementation of work (partners). Problems in ensnaring corporations against cases of corruption committed by corporations are still difficult to implement in Indonesia. So that the judge's consideration in the decision becomes the basis for making a decision for the judge in imposing criminal penalties on the corporation PT. DGI. The research method used is normative juridical. From the results of the study, it can be concluded that judges based on vicarious criminal liability assess the existence of a working relationship in which the mens rea drawn in the defendant knows corruption but is passive with actus reus drawn from the actions of the head of the PT. Other DGIs to coordinate with other parties for and on behalf of corporations that cause illegal acts. The judge considered the mistakes imposed on the corporation were mistakes made by the management so that the corporation could be held responsible for criminal acts of corruption that had been committed.

Dealing with Unexpected Circumstances: Judicial Modification of Contract under Indonesian and Dutch Law

After the conclusion of a contract, uncontrolled situations of the parties may lead to non-performance of the contract not only in the form of impossibility but also through excessive onerousness. This paper is seeking to compare regulations and cases concerning change of circumstances of the contract under the Indonesian and Dutch legal systems. The aim is to compare a legal remedy when the contract is imbalance and puts other party in burdensome condition to perform. Indonesian law still uses the all-or-nothing approach of termination and rejects the concept of subjective (relative) force majeure to modify a binding contract, although in some cases Indonesian Supreme Court has modified some contracts on the basis good faith principle. Dutch law, on the other hand, has an explicit provision for adjustment of contract on the basis unforeseen circumstances in Article 6:258 DCC. This jurisdiction accepts that unforeseen circumstances can be justified as a basis for adaptation of the contract.

SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.

IMPLEMENTASI GUGATAN SEDERHANA DALAM LITIGASI DI PASAR MODAL SEBAGAI UPAYA PERLINDUNGAN KONSUMEN (INVESTOR) PASAR MODAL INDONESIA

Capital market sector is one of the financial services which quite dynamic in progress. Capital market transactions have varied characteristics and complexity. In its practices, many factors may motivate legal dispute in capital market in which mostly not settled in litigation way. The investors avoid settle their dispute through litigation mostly because of its formalistic procedure, time consume, and uncertainty of the result because of distrust against court system. The Indonesian Supreme Court has enacted Supreme Court Regulation No. 5 of 2015 concerning Small Claims Procedure as an effort to reform civil justice system which is simplify and expedite. The small claim procedure may offer dispute settlement which simple and quick, however it is limited with the claim value up to Rp200 millions, while mostly capital market transaction has greater value than Rp200 millions. This article will discuss the implementation of the small claims procedure in investor dispute settlement in the capital market. Moreover, this article also elaborates the advantages and disadvantages of small claims procedure in settling investor dispute as a protection to the consumer in capital market.

PENYELESAIAN SENGKETA PERKAWINAN TERHADAP HARTA BERSAMA TERKAIT ISTERI NUSYUZ (DURHAKA) DAN AKIBAT HUKUMNYA DI INDONESIA

The divorce rate in Indonesia is quite high according to the data presented by Religious Jurisdiction Chamber (Badilag) of Indonesian Supreme Court in 2015 there are 96,678 cases of talak petition and 249,578 cases of divorce lawsuit. This article will elaborate the legal consequences of talak petition based on the reasons that the respondent (wife) has committed seditious (nusyuz) against claimant (husband), moreover this article will also reveal empirically the motivation of the wife committed seditious. In most cases, the wife may commit seditious triggered by violent act committed by her husband or marry another woman secretly. When trying such cases, the court must adjudicate carefully and thoroughly the reasons of request for talak which contended by the husband and its background. The careful and thorough trial on the evidences presented by the parties may lead to judgment which just and fair as the settlement of the dispute in divorce cases and distribution of matrimony properties.