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  • 标题:PENANGGULANGAN CAMPUR TANGAN URUSAN PERADILAN DI LUAR KEKUASAAN KEHAKIMAN BERBASIS PENAL REFORM (Studi di Wilayah Hukum Pengadilan Tinggi Jawa Timur)
  • 本地全文:下载
  • 作者:Ibnu Subarkah ; Lukman Hakim
  • 期刊名称:Yustisia
  • 印刷版ISSN:0852-0941
  • 电子版ISSN:2549-0907
  • 出版年度:2017
  • 卷号:4
  • 期号:2
  • 页码:310-334
  • DOI:10.20961/yustisia.v4i2.8650
  • 出版社:Faculty of Law, Universitas Sebelas Maret
  • 摘要:The purpose of this research is to know the forms of judicial affairs’ intervention outside the power of justice based on article 3 of law No. 48 in 2009 about the powers of the judiciary, and countermeasures’s. The results showed that these forms are practical  intervention   according to some judges in the High Court of East Java, that are State Court judges in Malang, and prosecutors in Malang Regency influence the decision of the judges, the course of the trial and immediately carried out detention through bribery, gratuity, and the influence of the report towards the examination . Sets of regulations for trapping based on the unfounded Criminal Code and Act outside the Criminal Code based on the crime committed. With the increasing reports that violates the principle of presumption of innocence, and the judiciary is free from any interference from any criminal sanctions, along with the sets of regulations are lack of elucidation in the rules of the organization. Therefore the future policy makers should immediately develop the rules that integrate the internal improvement of the judiciary and external judicial’s aspect,  with the intention of enabling the basis, so the rules can be  maintained properly while paying attention to the protection of public officials security for the judiciary.
  • 其他摘要:Abstract The purpose of this research is to know the forms of judicial affairs’ intervention outside the power of justice based on article 3 of law No. 48 in 2009 about the powers of the judiciary, and countermeasures’s. The results showed that these forms are practical intervention according to some judges in the High Court of East Java, that are State Court judges in Malang, and prosecutors in Malang Regency influence the decision of the judges, the course of the trial and immediately carried out detention through bribery, gratuity, and the influence of the report towards the examination . Sets of regulations for trapping based on the unfounded Criminal Code and Act outside the Criminal Code based on the crime committed. With the increasing reports that violates the principle of presumption of innocence, and the judiciary is free from any interference from any criminal sanctions, along with the sets of regulations are lack of elucidation in the rules of the organization. Therefore the future policy makers should immediately develop the rules that integrate the internal improvement of the judiciary and external judicial’s aspect, with the intention of enabling the basis, so the rules can be maintained properly while paying attention to the protection of public officials security for the judiciary.
  • 关键词:Countermeasures; Intervention
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