Indonesian State Law Review (ISLRev)最新文献

How the General Election Supervisory Agency Resolving the Election Disputes? 选举监督委员会如何解决选举争议?

Indonesian State Law Review (ISLRev) Pub Date : 2023-06-01 DOI: 10.15294/islrev.v6i1.68228

Dina Puji Wahyuni, Shruti Bedi

引用次数: 0

Implications of the Limits for Filing a Lawsuit to the State Administrative Court: Upholding Legal Certainty or Injuring Human Rights? 国家行政法院诉讼限制的启示:维护法律确定性还是损害人权?

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.68230

Muhammad Zaidan Syafiqy Akhmad

{"title":"Implications of the Limits for Filing a Lawsuit to the State Administrative Court: Upholding Legal Certainty or Injuring Human Rights?","authors":"Muhammad Zaidan Syafiqy Akhmad","doi":"10.15294/islrev.v6i1.68230","DOIUrl":"https://doi.org/10.15294/islrev.v6i1.68230","url":null,"abstract":"The State Administrative Court (PTUN), which has the jurisdiction to study, decide, and settle issues in the area of State Administration, is one of the executors of judicial power for those seeking justice for state administrative conflicts. If a state administrative disagreement arises, a State Administrative Decision (KTUN), which is specific, unique, and final in character and has legal ramifications for the person or civil legal organization, will be issued by a state administrative agency or authority. The receiver who feels wronged may file a lawsuit with the Administrative Court within the grace period of 90 (ninety) days as specified in Article 55 of the Law if the KTUN is believed by the recipient to be against the laws and regulations as well as the principles of good governance (UU PTUN). The 90 (ninety) day deadline for filing a lawsuit with the Administrative Court, however, sparked controversy among the general population. This is demonstrated by the fact that the constitutionality of the requirements set forth in Article 55 of the Administrative Court Law governing the deadline for bringing a lawsuit with the Administrative Court has been challenged four times (four) before the Constitutional Court. It would harm human rights rather than serve its intended purpose of ensuring legal certainty and preserving political stability. Through this straightforward essay, the author hopes to clarify and advance comprehension of the State Administrative Court's lawsuit filing deadline, normative legal research techniques, library law research, and data collection techniques.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128647833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Polemic on the Legitimacy of Proof of E-Court Trial at the State Administrative Court (Harmonization of Legal Courts and Information Technology in the Covid-19 Pandemic Era) 国家行政法院电子法庭审判证明合法性之争(新冠疫情时代法院与信息技术的协调)

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.68235

Andrean Al Ikhsan, Rachman Adi Wibowo

{"title":"Polemic on the Legitimacy of Proof of E-Court Trial at the State Administrative Court (Harmonization of Legal Courts and Information Technology in the Covid-19 Pandemic Era)","authors":"Andrean Al Ikhsan, Rachman Adi Wibowo","doi":"10.15294/islrev.v6i1.68235","DOIUrl":"https://doi.org/10.15294/islrev.v6i1.68235","url":null,"abstract":"The Covid-19 pandemic situation which is very dangerous and experienced by all citizens of the world limits all forms of activities in the community. This activity restriction also directly limits the direct interaction of each community. All forms of activity are restricted except regarding activities within the court itself. The courts and trials that should be held directly and open to the public have had to change due to circumstances that are not possible. This court then turned into an online court or commonly known as e-court. The court with the e-court system allows for each of those who served in the trial itself to be carried out online or online. Departing from the existing problems, researchers are interested to make it as research material this time. Looking at the effectiveness of e-court during the Covid-19 pandemic, it became the main goal in this study which was accompanied by polemics or problems that occurred a lot with the implementation of e-court. The writing method on this occasion is a literature study method which will be more emphasized on the use of reading books, related literature, and data collection. This study resulted in a new thought that the implementation of e-court can not be implemented as a whole. The enforcement of this trial or trial must still be accompanied by a non-electronic or conventional trial or trial. Electronic courts have not been fully able to certify the evidence in the trial, especially in the Administrative Court. This electronic justice is still in doubt, especially in terms of the validity that occurs in the evidence itself. This study is expected to be able to make a reference to the legislation after this to strengthen the parts in the judiciary online, especially in electronic evidence","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114716377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legitimacy of Proof of Letters in the Era of the E-Litigation Proof System in the State Administrative Court 论国家行政法院电子诉讼证明制度时代信函证明的合法性

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.68236

Shannon Rosemary Bernadika, Frederick Appiah Afriyie

{"title":"Legitimacy of Proof of Letters in the Era of the E-Litigation Proof System in the State Administrative Court","authors":"Shannon Rosemary Bernadika, Frederick Appiah Afriyie","doi":"10.15294/islrev.v6i1.68236","DOIUrl":"https://doi.org/10.15294/islrev.v6i1.68236","url":null,"abstract":"In this research article, the author focuses on this discussion to review the validity of evidence on documentary evidence in the era of the e-Litigation evidentiary system at the State Administrative Court (PTUN). The disruption revolution of industry digital 4.0 which was marked by the use of the management of the justice system in Indonesia by the government into a new trial process, namely electronic justice (e-Litigation or e-Courts) has changed the process of proving procedures in PTUN trials to be electronic as well. In achieving the objectives to be discussed, the authors agree to apply a juridical-normative research method that is studied through a conceptual approach and a historical approach. As for the nature of this research is qualitative so that produce scientific and meaningful reseacrh. Source of data used to estamblisment of this reasearch are secondary data sources which include various written materials such a applicable regulations, literature, documents, and references relevant to this research. From the results of the research that has been carried out, the authors found that the paradigm of proceedings in court has entered a new era, from what was previously in the form of a conventional trial to an electronic trial which can only be carried out through the e-Litigation system. So that the process of proving documentary evidence to seek material truth in administrative disputes at PTUN has also been affected to be proven electronically by simply uploading a document to each other. This change in the e-Litigation evidentiary system has sparked debate due to the fact that it is still difficult to do and prove, especially in the first evidentiary process, namely written or written evidence due to several obstacles in it.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125382137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

E-Court Paradigm Shift: Problems of Legitimacy Mechanisms of Electronic Evidence in State Administrative Procedure Law 电子法院范式转换:国家行政诉讼法中电子证据合法性机制问题

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.68232

Hafizh Daffa Setiawan, Dennis Wye Keen Khon

{"title":"E-Court Paradigm Shift: Problems of Legitimacy Mechanisms of Electronic Evidence in State Administrative Procedure Law","authors":"Hafizh Daffa Setiawan, Dennis Wye Keen Khon","doi":"10.15294/islrev.v6i1.68232","DOIUrl":"https://doi.org/10.15294/islrev.v6i1.68232","url":null,"abstract":"The existence of electronic information electronic documents has been recognized as valid evidence and is a continuation of the evidence in the applicable Procedural Law in Indonesia, that electronic information and/or electronic documents use electronic systems with the provisions of Law Number 19 of 2016 which amends Law Number 11 of 2008 concerning ITE. The writing focuses on highlighting two legal issues related to the submission of electronic evidence in the e-court evidentiary system, namely regarding the problems faced in efforts to legitimize electronic evidence in proving a case and a proportional mechanism facing the problem of the legitimacy of electronic evidence The complete discussion of electronic courts which includes the evidentiary stage has not taken place due to various obstacles, among others, regulation, availability of supporting facilities and human resources (HR). The study of this legal issue is important in order to optimize the work of electronic justice, so that the modernization of the judicial system is carried out more quickly with an IT approach, if only to realize the vision of the Supreme Court and ensure better access to justice in the future. As a result of this study, it was concluded that the validation process of electronic evidence in electronic evidence is an important stage that cannot be excluded in determining the validity of electronic evidence and the importance of strict digital judicial procedures in the process of validating electronic evidence.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128474605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Inter-religious Marriage in Indonesia: Pros and Cons in the Administrative and Constitutional Law 印度尼西亚的跨宗教婚姻:行政法和宪法中的利弊

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.64973

A. D. Romadhon, A. Holish, Adibah Bahori

{"title":"Inter-religious Marriage in Indonesia: Pros and Cons in the Administrative and Constitutional Law","authors":"A. D. Romadhon, A. Holish, Adibah Bahori","doi":"10.15294/islrev.v6i1.64973","DOIUrl":"https://doi.org/10.15294/islrev.v6i1.64973","url":null,"abstract":"Based on the explanation above, it can be seen clearly that the regulation regarding interfaith marriage has not received the main attention to form an arrangement so that there is clarity on the norms governing it. The government and lawmakers have not enacted regulations that clarify the legal position of marriage between different religions, whether it is really prohibited in Indonesia or permitted by obtaining special arrangements. So that there are several policies that can be carried out by the government, the first is to make strict policies and clear arrangements for people who want to apply for interfaith marriages in court. For example, by removing ambiguous and contradictory norms in Law Number 1 Year 1974 concerning Marriage and revised the Law. Second, the government makes clear regulations regarding the rules governing so that the identity of the person proposing an interfaith marriage is disguised along with the documents submitted by the party.According to the author, there are several recommendations that can be made by the government as a policy maker, the first is to establish a policy to revise existing laws, namely Law number 1 of 1974 concerning Marriage and Law number 23 of 2006 concerning Population Administration . The next recommendation that can be made by the government is to disseminate comprehensively the rigid rules to clarify provisions regarding interfaith marriages in Indonesia.The recommendation mentioned earlier is to inform Indonesian citizens that in order to marry people of different religions, they must meet these requirements.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126314036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Presidential System in Indonesia Semi-Presidential System in France: How is Democracy Reflected in the Government Systems of the Two Countries? 印尼的总统制与法国的半总统制:民主如何在两国政府制度中体现?

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.68226

Zainurohmah Zainurohmah, A. Sabri

{"title":"Presidential System in Indonesia Semi-Presidential System in France: How is Democracy Reflected in the Government Systems of the Two Countries?","authors":"Zainurohmah Zainurohmah, A. Sabri","doi":"10.15294/islrev.v6i1.68226","DOIUrl":"https://doi.org/10.15294/islrev.v6i1.68226","url":null,"abstract":"In this world there are various countries with all the characteristics of the government they have. Even so, all government structures are created and implemented so that the goals of the state can be achieved. Government is a tool that guides society to achieve state goals through established policies and rules. The system of government is one of the determining factors in the life of the state. Some of the government systems that are widely used by countries in the world are presidential, parliamentary, quasi, and referendum systems. Each country uses one of the four government systems according to the needs of their respective countries. This article aims to broaden the reader's horizons of knowledge in the field of law, especially in comparative constitutional law. This article will analyze and compare the government systems used by the Indonesian and French governments in order to find out the similarities and differences in the government systems in the two countries. This research uses a normative juridical research method. The approach used is the statutory, conceptual, and comparative approach. The results of this study indicate that Indonesia uses a presidential system of government while France uses a semi-presidential system of government. There are similarities and differences in the distribution of power in the two countries. The main similarity lies in the three powers that exist in the two countries where the division of powers is based on the concept of the trias politica of Montesquieu. Even so, the two countries do not use the Montesquieu concept exactly but have their own characteristics. The striking difference between the two countries lies in the state leaders. In Indonesia, the president is the head of state and head of government, while in France the head of state is the president, but the head of government is the prime minister.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122811204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Interpretation of the Expansion of the Application of the Authority of the State Administrative Court in Adjudicating Factual Legal Actions of the Government 试论扩大国家行政法院对政府事实性法律行为裁判权限的适用

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.68239

Andrianantenaina Fanirintsoa Aime, Pradistya Purnama Aji

{"title":"Interpretation of the Expansion of the Application of the Authority of the State Administrative Court in Adjudicating Factual Legal Actions of the Government","authors":"Andrianantenaina Fanirintsoa Aime, Pradistya Purnama Aji","doi":"10.15294/islrev.v6i1.68239","DOIUrl":"https://doi.org/10.15294/islrev.v6i1.68239","url":null,"abstract":"Indonesia is a country with a state of law status, in which the government in this case in carrying out all the interests of the state must be based on law and general principles of good governance. The government as a legal subject that plays a very important role in the survival of the people, in carrying out its duties to serve the community, it is not uncommon for governments to issue State Administrative Decrees (KTUN) which are intended for legal certainty. With the government issuing this, of course, it will not always be in accordance with existing regulations. Sometimes, decisions issued by the government actually have a detrimental impact on ordinary people. Then, Law No. 5 of 1986 concerning Administrative Court, regulates the provisions and procedures for the community to sue the government and ask to cancel the decision made by the government through the TUN Court. Then in 2014 appeared Law Number 30 of 2014 concerning Government Administration. The UUAP replaces the provisions contained in the Administrative Law. Especially in this case that attracts attention is the expansion of the object of dispute. The object of the State Administration Dispute in this Law differs in its elements from the Administrative Law. One of them is a written provision that contains factual actions. There is no explanation regarding the meaning of factual actions in acting.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128332227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Debate on the Grace Period in Appealing Cases Against the State Administrative Court 国家行政法院上诉案件宽限期之争

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.68231

Lamira Sekar Monica, J. Laan

引用次数: 0

Granting Clemency to Antasari Azhar as the Object of a State Administrative Law Dispute 安塔萨里·爱资哈尔的从宽处理:国家行政法纠纷的对象

Indonesian State Law Review (ISLRev) Pub Date : 2023-04-30 DOI: 10.15294/islrev.v6i1.68233

Ary Muktian Syah

{"title":"Granting Clemency to Antasari Azhar as the Object of a State Administrative Law Dispute","authors":"Ary Muktian Syah","doi":"10.15294/islrev.v6i1.68233","DOIUrl":"https://doi.org/10.15294/islrev.v6i1.68233","url":null,"abstract":"Antasari Azhar as the intellectual brain in the murder case of Nasrudin Zulkarnaen on March 14 2009. The victim was shot dead in the head while playing golf in Tangerang. Antasari was dragged into the worst case because there were messages containing threats against the victim as evidence. Antasari through his party submitted a request for clemency to the President, namely Joko Widodo, and in the end he received a parole decision to submit a request for clemency to President Joko Widodo, finally in 2016 Antasari was declared parole, and in 2017 he was released purely because the request related to his clemency was accepted President. The purpose of this paper is to find out how clemency is a special legal remedy based on the perspective of the Indonesian legal state and to find out whether the granting of clemency to Antasari Azhar is included in the object of state administrative law disputes. This research method is a normative juridical research method with a qualitative nature. Then the data were analyzed using descriptive analytical methods. Clemency is a special legal remedy, based on the constitution, clemency is essentially a form of pardon in the form of reducing or mitigating the criminal verdict handed down. Clemency issued by the President in the form of a Presidential Decree is one of the objects of state administration because in it there is a statement that has an individual, concrete and final nature which is imposed on a civil legal entity or a person, therefore a Presidential Decree containing clemency can be sued.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128677062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0