Decisions Of Judges Research Articles

Legal Analysis of the Legal Consequences of a Deed of Sale and Purchase Agreement (PPJB) for Land Ownership Rights That is Unilaterally Cancelled

It is undeniable that problems still often occur in society regarding PPJB deeds, one of which is the unilateral cancellation of PPJB deeds which can have legal consequences for the parties. This study aims to examine the legal regulations regarding the cancellation of PPJB deeds of land ownership rights, as well as the legal consequences of PPJB deeds that are unilaterally canceled. The legal research method uses a normative juridical research method with laws and regulations and legal writings as legal materials. The research approach used in this study is the statutory approach and the conceptual approach. Data analysis uses qualitative data analysis. The results of this study are: first, the legal regulations regarding the cancellation of PPJB deeds are regulated in the Civil Code, namely that unilateral cancellation is justified by law if the parties to an agreement expressly agree to set aside the provisions of Article 1266 of the Civil Code under any conditions, on condition that it must be based on a judge's decision. Unilateral cancellation of an agreement due to default without a Judge's decision is not a problem as long as the other party also accepts the decision, but if one party refuses to be accused of default, then the parties submit to the Judge to assess whether or not there is a default. Second, the consequences of the cancellation of the agreement are regulated in Articles 1451 and 1452 of the Civil Code, where the legal consequences are to return the situation to its original position as it was before the agreement was made. In the cancellation of the PPJB deed, the seller has an obligation to return the amount of money that has been paid by the buyer minus the costs that have been incurred by the seller, while the buyer must pay a fine to the seller due to the default that was made.

An Analysis of the Theory of Justice against the Standard of Proof Beyond Reasonable Doubt in the Judge's Decision in the Jessica Kumala Wongso Case

This research aims to find out the theory of justice that can be used by judges in proving criminal cases in Indonesia and the use of the theory of justice in the standard of proof beyond reasonable doubt in the judge's decision in the Jessica Kumala Wongso case. This research uses normative legal research methods with legal philosophy, legislation and conceptual approaches. The data source used is secondary data consisting of primary legal materials and secondary legal materials analyzed qualitatively with deductive inference, starting with general principles and concepts about the theory of justice and the standard of proof beyond reasonable doubt, the analysis moves towards specific propositions to determine the value of justice and the relevance of this standard in the judge's decision in the Jessica Kumala Wongso case. The study found that Gustav Radbruch's theory of justice can be applied by judges in Indonesian criminal cases, using six evidentiary parameters: theory of evidence, minimum evidence, evidence, presentation of evidence, burden of proof, and strength of proof. These parameters reflect Radbruch's legal values of justice, purpose, and legal certainty. Judges using Radbruch's theory prioritize justice, followed by purpose and legal certainty. In Jessica's case, despite doubts about the evidence, the judges found her guilty beyond a reasonable doubt, aligning with Radbruch's principle that justice should take precedence in the standard of proof.

Application of Criminal Sanctions for Perpetrators of Tax Crimes (Case Study of Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt)

This study aims to find out and describe the mechanism for resolving the application of sanctions for tax crime perpetrators and the consideration of the Panel of Judges in applying criminal sanctions to tax crime perpetrators as stated in Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt where the Panel of Judges imposes a prison sentence of 2 (two) years and 6 (six) months, which is lower than 9 (nine) months compared to the Public Prosecutor's demands. The type of data in this study is secondary data. The data collection technique uses the library search method, which is to systematically study and analyze laws and regulations, books, magazines, newspapers, materials from the internet and other materials related to the object of research, namely tax crimes. Based on the results of research on tax crime cases at the West Jakarta District Court with Decision number: 213/Pid.Sus/2021/PN.Jkt.Brt with the Defendant Bambang Purwosetiyo, Judge's Consideration Based on the Testimony of Witnesses, Evidence, Public Prosecutor's Indictment and Public Prosecutor's Demands. Based on these considerations, the Judge stated that the Defendant must be declared to have been legally and convincingly proven to have committed a criminal act. In addition, during the examination at the trial, the Judge did not see that the Defendant was suffering from an illness, the Defendant was able to answer well and smoothly the questions posed to him, both by the Panel of Judges, the Public Prosecutor, thereby strengthening the opinion and confidence for the Panel of Judges that the Defendant is able to be responsible according to criminal law for the acts he committed. The judge decided to impose a prison sentence of 2 (two) years and 6 (six) months and a fine 2 x 2 X Rp. 4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), while the Public Prosecutor demanded a prison sentence of 3 (three) years and 3 (three) months and a fine of 2 X Rp. 4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), thus the Judge's decision is 9 (nine) months lower than the Public Prosecutor's demand. There is no detailed explanation regarding the Judge's consideration in deciding on a prison sentence that is 9 (nine) months lower than the Public Prosecutor's demand.

Looking for Legal Justice: Criticizing the Verdict of Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan District Court on Domestic Violence

This study was conducted to examine a judge's decision in a criminal case of domestic violence against a child, with the goal of analyzing how the judge's decision was consistent with Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Qanun Number 9 of 2019 concerning the Implementation of Handling Violence Against Women and Children, while also taking into account moral aspects and benefits. This research is a doctrinal study that uses a case study approach to criticize judicial rulings. The objective of this approach is to examine court rulings, namely the Tapak Tuan District Court Judge's Decision Number 37/Pid.Sus/2020/PN. Ttn, in order to comprehend how the law is applied in actual circumstances. The data sources were obtained from court decisions, the Marriage Act, and several important regulations related to the problems of this study. To strengthen the analysis, this study also used several research results and several articles obtained from various journals, so that the analysis carried out was sharp and precise.This research argues that in Decision Number 37/Pid.Sus/2020/PN.Ttn, the judge's considerations are only formal, following what is in the law alone. In this decision, the judge seems to ignore the material aspect, as can be seen in the judge's considerations in the decision. This is in line with the opinion of Member Judge II and the concurring opinion of the panel of judges in the decision. However, decision Number 37/Pid.Sus/2020/PN.Ttn needs to be appreciated, realizing that the judge's task is very difficult because he not only considers legal interests in deciding the case at hand but also considers the sense of justice for the community to realize legal certainty.

Application of the Principle of Legal Certainty in the Execution of an Arbitral Award in Indonesia

In principle, the legal system regulates the life of a community so that conflicts do not occur, although often these conflicts cannot be avoided, a principle of legal certainty is needed in resolving disputes through arbitration and how the execution of an arbitral award in Indonesia can be applied or implemented. The legal system has an important role to play in resolving these conflicts. The legal system in the judicial world has a major influence in the application of law, especially for judges in examining and deciding a case. Judges in deciding a case will definitely pay great attention to the legal system in their jurisdiction. In addition, the Panel of Judges uses the decisions of other judges who decide cases whose substance in principle has similarities to be used as a reference and consideration in deciding a case.

Analysis of the Strength of Evidence of Witness a De-Charge Against the Judge's Decision Regarding the Release of the Defendant in a Tax Crime (Study of Decision Number 97/Pid.Sus/2023/PN Pdg)

This research examines the strategic significance of defense witnesses in impacting judicial rulings in cases of tax offenses, as illustrated in Decision Number 97/Pid Sus/2023/PN Pdg. A defense witness is a witness enlisted by the accused to undermine or challenge the allegations put forth by the prosecution to lessen or acquit the accused from legal liabilities. In this particular instance, the defense witness delivered pivotal testimony indicating that a third party had settled the tax in question unbeknownst to the defendant. Such testimony played a critical role in the judicial deliberations, convincing the judge to establish that the essential requirements of the charges were not fulfilled, resulting in the defendant's total clearance. This examination reveals that the testimonial influence of defense witnesses carries substantial weight in the adjudicatory process, particularly in intricate scenarios like tax offenses, where robust and credible evidence holds utmost importance. The ruling of the judge to clear the accused stemmed from the non-fulfillment of the requisites causing financial loss to the state, as stipulated in Article 191 Paragraph (2) of the Criminal Procedure Code. Hence, the findings of this research affirm the vital and strategic function of defense witnesses in shaping the ultimate resolution of a criminal lawsuit, especially within tax legislation necessitating thorough and impartial scrutiny of evidence.

Legal Protections Analysis for Physical Assault Victims and Their Impact on Public Safety: Case Study of Judge's Decision Number 399/Pid.B/2020/PN Dps

Demolition is a criminal act that not only violates the human rights of victims, but also has a serious impact on the community's sense of security. This study aims to examine the legal protection provided to victims of demolition in Judge Decision Number 399/Pid.B/2020/PN Dps and its implications for public safety. This study uses a normative juridical method with a case study approach. Primary data is obtained from judges' decisions, while secondary data is collected from laws and regulations, legal literature, and previous research. Data analysis is carried out qualitatively with legal interpretation and argumentation techniques. The decision of Judge Number 399/Pid.B/2020/PN Dps shows that there are efforts to protect the law for victims of demolition through the provision of compensation and rehabilitation. However, this ruling has not fully reflected the more comprehensive aspect of restorative justice. The implication of this decision on public security is that there is still potential vulnerability and public distrust of law enforcement. Legal protection for victims of demolition needs to be strengthened with a more comprehensive restorative justice approach, involving the active participation of victims, perpetrators, and the community. The strengthening of legal protection is expected to increase public security and prevent similar crimes from occurring in the future.

Disparity of Criminal Implementation against Class I Narcotics Criminal Offenders

This research aims to analyze the occurrence of disparities in the application of criminal offenses against perpetrators of class I narcotics crimes in ten criminal decisions at the Mataram District Court, including how there are disparities in criminal decisions for perpetrators of class I narcotics crimes, how judges consider in deciding class I narcotics crime cases. The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The types of legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials using qualitative analysis. The results of the research show that the disparity in criminal decisions for perpetrators of category I narcotics crimes occurs as a result of the legal culture that colors the course of law enforcement, where in practice there is a condition where there is no unified law in terms of Sentencing Guidelines for sentencing in court. Mataram country, apart from that, there is the potential for a clash of legal norms between articles in the Narcotics Law regarding the formulation of a strict and clear separation between the roles of narcotics abusers and dealers in articles 111 - up to 127. Then it is up to the judge's consideration in making a decision at the Mataram energy court in casu is based on 2 main factors, namely: firstly, the Judge's decision is greatly influenced by the magnitude of the Prosecutor's demands, secondly, the Judge's Confidence Factor which arises from the evidence of the trial facts.

Criminal record and sentencing: A comparative perspective between England and Wales and Hong Kong

An offender's criminal record is nearly always discussed during sentencing. The incorporation of the criminal history of offenders by judges into sentencing decisions surprisingly remains an empirically understudied topic, especially from the comparative perspective. This study used two datasets derived from the sentencing decisions of judges from England/Wales and Hong Kong, respectively. The study demonstrates that the recidivist sentencing premium model is the better explanation for England/Wales as the number of previous criminal convictions is associated with the likelihood of a more severe sentence. Whereas the progressive loss of mitigation model (PLM) is the better explanation with respect to the decision to impose a custodial sentence and the flat-rate sentencing model is the better explanation for sentence length in Hong Kong. This study demonstrates the complexity of sentencing decisions with respect to criminal history and its differences across legal jurisdictions.

The Rationality Of The Judge's Decision States That Good Faith Is The Basis For Canceling The Lease Agreement For Land And Buildings Under His Control

In general, when people make written agreements regarding the rental of land and house buildings, they are usually made privately, some of which are notarized (Notarial Deeds), some parties choose to make written agreements regarding the rental of land and house buildings. made by hand with sufficient stamp duty. One example of the Supreme Court Decision Number 1078 K/Pdt/2021, the basis of the lawsuit filed by the Plaintiff is Bad Faith committed by the owner of the rental object in the lease extension agreement for the land and building under his control, then the actions or actions of the owner of the leased object can be categorized as an act of breach of contract or breach of contract. This research aims to find out whether there is a rational basis for the judge's decision which states good faith as a basis for canceling land and building lease agreements based on Supreme Court Decision Number 1078 K/Pdt/2021. This research method uses normative juridical research using a case approach. The analysis technique used is the syllogism method and interpretation using deductive thinking patterns. The results of the research and discussion can be concluded that legal rationality is needed by judges in carrying out their considerations in order to determine decisions that contain the values ​​of justice and the law that applies in Indonesia. This does not only apply to one type of legal rationality but also applies to other types. The use of this type of legal rationality requires looking at the relationship between facts, norms, morals and doctrine in considering the judge's decision. The issue of default used in the main issue in the decision becomes a boomerang for the tenant, in this case the tenant, because there is no legal force in the rental agreement signed by the tenant with the renting party. Different conditions will occur if the rental agreement is made before a notary and explains that they have entered into an agreement and asks the Notary to make a deed, then this deed is a deed made before a Notary (Notarial Deed). So in this case, the parties to the agreement have legal certainty and are therefore legally protected, so that if a dispute occurs in the implementation of the agreement, the judge with his decision can force the violating party to carry out its rights and obligations according to the agreement.

The Revitalization of Extraordinary Legal Remedies Cassation for Legal Interests in the Criminal Justice System in Indonesia

The decision of judges are not free from errors or mistakes, and often even shows partiality (not neutral) towards certain parties. Extraordinary legal action: cassation for legal purposes can be filed against all decisions that have obtained permanent legal force from other courts, apart from the Supreme Court. Great. The purpose of this research is to determine the factors that cause the Attorney General to rarely use the extraordinary legal remedy of cassation for legal purposes. To revitalize the extraordinary legal effort of cassation for legal purposes so that it can run effectively in the criminal justice system in Indonesia. The findings from this research are that revitalization can be carried out by providing adequate explanations, especially the phrases "legal interests" and "must not harm interested parties" or even eliminating the provisions of Article 359 paragraph (2) of the Criminal Procedure Code, so that it does not give rise to different interpretations and judges can give fair decisions, without being shackled by the phrase "must not harm interested parties".

The Politics of Law on the Fulfillment of Restitution Rights for Rape Victims Based on the Qanun Jinayat in Aceh

This study aims to explore the policy of the politics of law and procedure for the effective fulfillment of restitution rights for rape victims in Aceh. For rape victims, restitution is a form of compensation as part of the fulfillment of human rights and legal protection for the disadvantaged party. Providing compensation for rape victims is crucial as generally the victims come from vulnerable groups who have been harmed physically, psychologically, and socially. However, the mechanism for obtaining compensation in the form of restitution for rape victims has been an issue in Aceh. In addition, the question arises on how the implementation of restitution is in the decisions of judges who try rape cases based on the Qanun Jinayat. This study used a normative juridical method, analyzed with the theory of legal politics. The study concludes that the regulation of restitution in the Qanun Jinayat as an additional punishment for rapists needs to be further studied to examine whether restitution as an additional punishment can fulfill a sense of justice for the victims. Moreover, the restitution formulation in the Qanun Jinayat Aceh has not made it easy for rape victims to receive compensation from the perpetrators due to the complicated process and requirements for obtaining restitution. However, in the context of legal politics, the Qanun Jinayat can be understood as a government policy to provide legal certainty and justice. Any shortcoming at present means that more room for improvements in its implementation in the future.

Examination of Judge's Decision Number 732/Pid.Sus/2017/PN Jkt.Utr: A Case Study of Immigration Crimes Committed by Corporation based on Article 118 juncto Article 136 paragraph (1) of the Indonesian Immigration Law

Examination of Judge's Decision Number 732/Pid.Sus/2017/PN Jkt.Utr: A Case Study of Immigration Crimes Committed by Corporation based on Article 118 juncto Article 136 paragraph (1) of the Indonesian Immigration Law

Evaluation of evidences when applying the "reasonable suspicion" standard of proof by investigating judges

The article is devoted to the problem of establishing the factual circumstances of the case at the stage of court control when applying the "reasonable suspicion” standard of proof. The crux of the problem is that, in practice, the vast majority of investigating judges understand this standard of proof as one that relieves them of the obligation to fully evaluate and examine the evidence and provides an opportunity to establish the reasonableness of the suspicion thanks to the so-called "reasonable evaluation of the evidence”. By making such a "reasonable assessment”, the investigating judge, without resorting to a detailed assessment of the person's actions, supposedly only has to make sure that the reported suspicion is well- founded. At the same time, the provided evidence is not subject to the same high requirements as when formulating the final indictment when the case is sent to court. Thus, without evaluating the evidence, investigating judges do not establish the factual circumstances of the case.
 The fallacy of dividing the evaluation of evidence into preliminary and final is substantiated. It is noted that the term "reasonable evaluation of evidence” is not defined either in legislation or in court practice. It is proved that at the stage of court control there is a local subject of proof, which differs from the subject of proof at the stage of consideration of criminal proceedings on the merits. It is substantiated that the evaluation of evidence is an integral part of the process of proving. The internal conviction of the investigating judge (as a result of the evaluation of the evidence), necessary for making a decision on the case, can be formed only as a result of the evaluation of the evidence according to the criteria defined by Art. 94 of the Criminal Procedure Code of Ukraine. "Reasonable evaluation of the evidence” without a detailed assessment of the person's actions and without "high requirements for the provided evidence” does not make it possible to establish the set of circumstances that are part of the local subject of proof and which are necessary for the correct resolution of the relevant procedural issue, and to form the appropriate internal conviction of the judge (as the result of the evaluation of the evidence). Decisions of investigative judges, which are made as a result of the so-called "reasonable evaluation of evidence”, cannot be considered reasoned in the sense of Part 3 of Art. 370 of the Criminal Procedure Code of Ukraine.

PERTANGGUNGJAWABAN TINDAK PIDANA TERHADAP PELAKU TINDAK PIDANA PERCOBAAN PEMBUNUHAN PUTUSAN NOMOR 45/PID.B/2021/PNSIM

Criminal responsibility for attempted murder is the ability legally to be accountable for their actions and to be aware that what they did was a violation. The perpetrator swung the machete, kicked and choked the victim but the execution was not completed because the perpetrator's mother came and pulled the perpetrator's hand from the victim's neck. The problems in this research are 1). Is the responsibility of the perpetrators of the attempted murder appropriate according to Article 351 paragraph (1) of the Criminal Code? and 2). Is the Judge's Decision Number 45/Pid.B/2021/PNSim which imposes a 2-year sentence on the perpetrator in accordance with the purpose of sentencing? This research was conducted using a normative legal research type that is descriptive in nature, using primary legal materials and secondary legal materials by collecting data from literature studies which were analyzed qualitatively and drawing conclusions using deductive logic. The conclusions from this study are (1). The criminal responsibility for the perpetrators of the attempted murder is not appropriate according to Article 351 paragraph (1) of the Criminal Code (2). The decision of the Panel of Judges Number 45/Pid.B/2021/PNSim for the perpetrators is not yet 2 years in prison according to the theory of sentencing purposes. The results of the research are related to the theory of sentencing purposes, so it should be subject to Article 338 in conjunction with Article 53 paragraph (1) of the Criminal Code with a sentence of 10 years in prison.

PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PEMALSUAN KARTU KREDIT (STUDI PUTUSAN No.345/PID.SUS/2021/PNY-YK)

The crime of credit card forgery committed by Faisal Umar Firmansyah Bin Farid Firmansyah, namely the act of buying another person's CC (Credit Card) without the knowledge of the owner at a price of IDR 80,000 per credit card and purchasing 9 (nine) cellphones by checking whether registered in the KLARNA application and if registered and have a balance then the purchase will continue and if there is no balance in the KLARNA application then fill it in advance for every $1000 USA at a price of IDR 3,000,000 to IDR 5,000,000 .Research with Decision Study No.345/Pid.sus/2021/Pn.Yyk. and there is a formulation of the problem: 1. Is the court's decision against the convict's actions Credit Card Counterfeiting according to Ps. 32 paragraph (1) jo. Ps 48 paragraph (1) Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Electronic Information and Transactions? This study uses a normative research type that is descriptive analytical, using literature or secondary data which consists of primary legal materials and secondary legal materials obtained from literature studies and analyzed qualitatively using deductive logic, as well as drawing conclusions. The conclusions from this study are that 1. The Court's decision given to the Defendant of the Crime of Credit Card Counterfeiting is not appropriate based on Article 32 paragraph (1) jo. Ps 48 paragraph (1) Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Information and Electronic Transactions, and 2. Judge's Decision No. 345/Pid.Sus/2021/PN Yyk which imposes a criminal sanction of 6 (six) months in prison is not in accordance with the purpose of sentencing.

Problematics of Execution of Assets of Convictions in Efforts Recovery of State Losses

The management of State Property originating from State-Confiscated Goods and Gratification Goods normally differentiates the position and criteria of Execution Confiscated Goods originating from State-Confiscated Goods from Execution Confiscated Goods which are assets or belongings of the convict or the convict's family, assets related to the convict, including related corporations convicts, which are confiscated by the Executing Attorney or Asset Recovery Attorney to be sold or auctioned in order to implement the fine decision. This becomes a problem for the executing prosecutor in implementing the Judge's Decision which has permanent legal force to carry out the execution of the Additional Replacement Money Crime in article 18 paragraph 2 of the Non-Corruption Crime Law. This research focuses on the problems of implementing and reformulating Article 18 paragraph 2 of Law No. 31 of 1999 concerning Corruption Crimes in an effort to recover state losses. The normative juridical research method in this research is carried out by analyzing theories, concepts, legislation and court decisions which have a correlation with asset execution problems. Methodologically, the constructivism paradigm applies the hermeneutic method in the process of reaching the truth. The results of this research are: The principle of asset execution as a criminal implementation of additional compensation money in settling state losses is the confiscation of assets resulting from crime which is actually rooted in a very fundamental principle of justice, where a crime should not provide benefits for the perpetrator (crime should not pay). This means that a person must not profit from the illegal activities he carries out. In rem confiscation is an action by the state to take over assets through a court decision in a civil case based on stronger evidence that the assets are suspected to have originated from a criminal act or were used for a criminal act. Confiscation of assets in personam, which is an action directed at an individual person, therefore requires proof of the defendant's guilt first before seizing assets from the defendant. Assets confiscated from court executions under Article 18 paragraph (2) of the Corruption Crime Law cannot yet be made into state property, because it is not concretely stated that the confiscated goods are state confiscated goods.

Maslahah Perspective in the Distribution of Shared Wealth: Analysis of Judge's Decision Number 584/Pdt.G/2021/PA.Pwr

This study aims to analyze the implications and relevance of the perspective of maslahah in legal practice related to the division of common property in the context of the judge's Decision Number 584/Pdt.G/2021/PA.Pwr. This study uses the method of document analysis to analyze the judge's Decision Number 584/Pdt.G/2021/PA.Pwr and related legal contexts. The study's findings indicate that the perspective of maslahah has significant implications for the division of common property. In the decision of Judge Number 584/Pdt.G/2021/PA.Pwr, maslahah perspective is reflected in determining the ratio of 1/3 and 2/3 for the plaintiff and defendant. This decision can be interpreted as an attempt to achieve a fair division and consider each party's contribution in acquiring and maintaining the common property during the marriage or relationship. In addition, the perspective of maslahah is relevant in ensuring wisdom in the division of common property. Considering financial and non-financial contributions, financial needs and capabilities, and the children's best interests are important factors in achieving fair and sustainable distribution. Judge's decision Number 584/Pdt.G/2021/PA.Pwr. The Pwr is believed to have considered these factors in maintaining fairness and discretion in the division of common property.

Judges' Philosophical Orientation in Resolving Anti-SLAPP Disputes

The Anti-SLAPP mechanism in Indonesia still needs to fulfill the four fundamental dimensions of effective Anti-SLAPP. Deciding on Anti-SLAPP in an interim decision is a progressive step because it is a translation of the Anti-SLAPP mechanism in the form of a case dismissal procedure as early as possible. Because no complete rules govern it, this creates confusion for judges. This research aims to analyze the philosophical orientation of judges in resolving disputes for anti-strategic lawsuits against public participation fighters based on Pancasila justice. This research is normative legal research employing two approaches—a philosophical approach and a conceptual approach—and collects and obtains data through direct interviews with judges. This research shows that the Judge's decision in resolving anti-SLAPP disputes based on Pancasila values still needs to be stronger. So, development that damages the environment and benefits the government and corporations will continue. Based on these facts, it is known that the regulation and implementation of anti-SLAPP in Indonesia still do not provide justice for all elements of it because one of the causes is the limitations of the existing anti-SLAPP rules in Indonesia. The factors that caused the Judge's decision not to be based on Pancasila justice can be seen from the lack of legal protection for environmental fighters in Indonesia. Then, the Judge's philosophical orientation in resolving Anti-SLAPP disputes with Pancasila justice refers to the five principles of Pancasila.

Aspek Hukum Pidana Perampasan Jenazah Akibat Covid-19 Menurut Undang-Undang Nomor 6 Tahun 2018 Tentang Kekarantinaan Kesehatan

Introduction: The community plays an important role in complying with Government regulations and policies in suppressing the chain of transmission of Covid-19, for example, wearing masks, maintaining cleanliness, washing hands, and so on.Purposes of the Research: The purpose of this study is to provide an overview of the qualifications of the crime of taking the corpse of Covid-19 according to the statutory regulations and the obstacles to investigating the crime of taking the body of Covid-19.Methods of the Research: Research methods are used with normative juridical research types. The problem approach used is the legal approach, concept analysis approach, case approach, Source of legal materials used primary legal materials and secondary legal materials. Collection techniques through literature studies and then analyzed through the way of description using qualitative methods. Result of the Research: The results of this study show that a criminal act of confiscating a corpse due to Covid-19 was committed by unscrupulous residents of Batu Merah Village, Ambon City. In the Judge's decision, the defendants had fulfilled the criminal element, namely the existence of actions from everyone who did not comply with the implementation and/or obstructed the implementation so that it caused a Public Health Emergency. With the higher rate of transmission of the virus, investigators are afraid to face face to face to examine suspects or witnesses. Therefore, the government needs to make specific regulations regarding the criminal act of confiscating the corpse of Covid-19.