Rechtsnormen Journal of Law最新文献_第4页

The Legal Politics of Regulating Indigenous Peoples 规范原住民族的法律政治

Rechtsnormen Journal of Law Pub Date : 2023-07-07 DOI: 10.55849/rjl.v1i1.319

Kenneth Adriel, Tania Winata, R. Rossellini, Jeane Neltje

{"title":"The Legal Politics of Regulating Indigenous Peoples","authors":"Kenneth Adriel, Tania Winata, R. Rossellini, Jeane Neltje","doi":"10.55849/rjl.v1i1.319","DOIUrl":"https://doi.org/10.55849/rjl.v1i1.319","url":null,"abstract":"Background. This research raises the issue of the existence of customary law communities in Indonesia, as well as the dynamics of customary law communities seen from the decision of the Constitutional Court.\u0000Purpose. This research is focused on analyzing two things, namely: First, what is the existence of indigenous peoples in Indonesia? Second, how is the legal politics of indigenous peoples through the decision of the Constitutional Court? This research uses a statute approach.\u0000Method. his research uses a statute approach. In addition, a case approach is also used to find out the ratio decidendi used by the Constitutional Court judges in deciding cases of judicial review of laws related to indigenous peoples.\u0000Results. The results of the study concluded: first, the existence of indigenous peoples in Indonesia has been accommodated in various spheres of legislation, both in the 1945 Constitution, Laws, Regional Regulations, Governor Decrees, and Regent Decrees. Second, the legal politics of indigenous peoples through the decision of the Constitutional Court strengthens the existence of indigenous peoples in Indonesia by providing various interpretations or explanations.\u0000Conclusion. this study are that the Panel of Judges in cases of criminal acts of narcotics abuse should minimize criminal disparities to prevent the development of a negative perspective of society towards the criminal system in judicial institutions.\u0000 ","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"04 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129470102","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: 2

The Position of the Tax Court in the Indonesian Judicial System After the Decision of the Constitutional Court Number 26/PUU-XXI/2023 第26/PUU-XXI/2023号宪法法院作出决定后税务法院在印度尼西亚司法系统中的地位

Rechtsnormen Journal of Law Pub Date : 2023-07-07 DOI: 10.55849/rjl.v1i1.318

Yosia Clementino Moningka, Rasji Rasji

{"title":"The Position of the Tax Court in the Indonesian Judicial System After the Decision of the Constitutional Court Number 26/PUU-XXI/2023","authors":"Yosia Clementino Moningka, Rasji Rasji","doi":"10.55849/rjl.v1i1.318","DOIUrl":"https://doi.org/10.55849/rjl.v1i1.318","url":null,"abstract":"Background. The Tax Court, basically, has been regulated in Law Number 14 Year 2002 on Tax Court. However, there is an issue relating to the ambiguous position of the Tax Court.\u0000Purpose. The purpose of this is to show that the position of the court is not independent, as it plays a role in both judicial and executive functions, which may result in a lack of independence in case decision making. Therefore, this study aims to determine the position of the tax court in the current judicial system in Indonesia.\u0000Method. This research uses normative juridical research method by reviewing secondary data obtained. Based on the results of the research, it was found that the latest Constitutional Court Decision Number 26/PUU-XXI/2023 has determined that the Tax Courts must transfer their organizational, administrative, and financial development responsibilities to the Supreme Court before 31 December 2026.\u0000Results. The consequence of this decision is that the organizational structure of the Tax Court will be directly under the supervision of the Supreme Court and no longer under the Ministry of Finance. Although the Tax Court will be transferred to the Supreme Court, it is important to maintain this situation as the transition requires adjustments in terms of organizational structure, employee status, and career opportunities for tax judges. All of these matters must be studied and solutions found by the Tax Court as the independence of tax judges means a lot to taxpayers seeking justice in their tax disputes.\u0000Conclusion. In addition to independence, the public also expects competent expertise and knowledge from tax judges as enforcers of justice in tax disputes.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128097804","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

Analysis of Judgment Conditions in Making a Decision for Rehabilitation of Persons of Criminal Actions Based on Narcotics ABUSE Decision Number: 302/PID.SUS/2022/PN. TJK and Decision Number 217/PID.SUS/2022/PN.KLA 基于滥用毒品作出刑事行为人改造决定的判断条件分析决定号:302/PID.SUS/2022/PN。TJK和第217/PID.SUS/2022/PN.KLA号决定

Rechtsnormen Journal of Law Pub Date : 2023-07-07 DOI: 10.55849/rjl.v1i1.314

Asep Hidayatulloh, Guilin Xie, Deng Jiao, Yuanyuan Wang

{"title":"Analysis of Judgment Conditions in Making a Decision for Rehabilitation of Persons of Criminal Actions Based on Narcotics ABUSE Decision Number: 302/PID.SUS/2022/PN. TJK and Decision Number 217/PID.SUS/2022/PN.KLA","authors":"Asep Hidayatulloh, Guilin Xie, Deng Jiao, Yuanyuan Wang","doi":"10.55849/rjl.v1i1.314","DOIUrl":"https://doi.org/10.55849/rjl.v1i1.314","url":null,"abstract":"Background. Problems in handling cases of criminal acts of narcotics abuse, namely the emergence of criminal disparities in terms of sentencing, such as in cases of criminal acts of narcotics abuse in Decision Number: 302/Pid.Sus/2022/PN. Tjk and Decision Number 217/Pid.Sus/2022/PN.Kla.\u0000Purpose. What are the factors that cause differences in judges' legal considerations in imposing decisions on rehabilitation of perpetrators of narcotics abuse based on Decision Number: 302/Pid.Sus/2022/PN. Tjk and Decision Number 217/Pid.Sus/2022/PN.Kla. What are the legal considerations of judges in making decisions on rehabilitation of perpetrators of narcotics abuse based on Decision Number: 302/Pid.Sus/2022/PN. Tjk and Decision Number 217/Pid.Sus/2022/PN.Kla.\u0000Method. The research was carried out using a normative juridical approach and an empirical approach. The data used in this study were secondary data obtained from library materials, and field research was carried out by observation and interviews (interviews). The data obtained were analyzed qualitatively and juridically and deductively concluded.\u0000Results. the factors that cause differences in judges' considerations in imposing decisions are sourced from the legal system and sentencing philosophy, sourced from judges, and sourced from defendants. The occurrence of disparity is also due to the factor that the Panel of Supreme Court Justices has different legal considerations and the principle of judging themselves so that there is a different application of Articles from Court Decisions of first level and appellate level.: 302/Pid.Sus/2022/PN. Tjk and Decision Number 217/Pid.Sus/2022/PN.Kla.\u0000Conclusion. Suggestions in this study are that the Panel of Judges in cases of criminal acts of narcotics abuse should minimize criminal disparities to prevent the development of a negative perspective of society towards the criminal system in judicial institutions.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116138865","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: 2

Legal Certainty of the Implementation of Mass Itsbat Nikah in Minimizing Marriages Without Certifitaces in the Religious Court of Sukabumi City Sukabumi市宗教法院在减少无证婚姻中实施大规模itbat Nikah的法律确定性

Rechtsnormen Journal of Law Pub Date : 2023-07-07 DOI: 10.55849/rjl.v1i1.309

Nadia Agustina, Prahasti Suyaman, Temmy Fitriah Alfiany

{"title":"Legal Certainty of the Implementation of Mass Itsbat Nikah in Minimizing Marriages Without Certifitaces in the Religious Court of Sukabumi City","authors":"Nadia Agustina, Prahasti Suyaman, Temmy Fitriah Alfiany","doi":"10.55849/rjl.v1i1.309","DOIUrl":"https://doi.org/10.55849/rjl.v1i1.309","url":null,"abstract":"Background. The Tax Court, basically, has been regulated in Law Number 14 Year 2002 on Tax Court. However, there is an issue relating to the ambiguous position of the Tax Court.\u0000Purpose. The purpose of this is to show that the position of the court is not independent, as it plays a role in both judicial and executive functions, which may result in a lack of independence in case decision making. Therefore, this study aims to determine the position of the tax court in the current judicial system in Indonesia.\u0000Method. This research uses normative juridical research method by reviewing secondary data obtained. Based on the results of the research, it was found that the latest Constitutional Court Decision Number 26/PUU-XXI/2023 has determined that the Tax Courts must transfer their organizational, administrative, and financial development responsibilities to the Supreme Court before 31 December 2026.\u0000Results. The consequence of this decision is that the organizational structure of the Tax Court will be directly under the supervision of the Supreme Court and no longer under the Ministry of Finance. Although the Tax Court will be transferred to the Supreme Court, it is important to maintain this situation as the transition requires adjustments in terms of organizational structure, employee status, and career opportunities for tax judges. All of these matters must be studied and solutions found by the Tax Court as the independence of tax judges means a lot to taxpayers seeking justice in their tax disputes.\u0000Conclusion. In addition to independence, the public also expects competent expertise and knowledge from tax judges as enforcers of justice in tax disputes.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126713832","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: 1