Omnibus Law Journal

COMPARISON OF THE INDONESIAN LAW SYSTEM AND THE DUTCH LEGAL SYSTEM IN HANDLING THE CRIME OF CORRUPTION

Moh Nafri, Maisa Maisa — Wed, 15 Jun 2022 00:00:00 +0700

Justice Collaboratorâ€ is a new thing in the legal provisions in Indonesia. A witness who knows firsthand whether he is directly involved in it or not and dares to report the incident is called a witness â€œwhistleblowerâ€ and â€œjustice collaboratorâ€. Be more specific on â€œjustice collaboratorâ€ is the witness of the perpetrator who cooperated based on the Circular Letter of the Supreme Court of the Republic of Indonesia number 4 of 2011 concerning the Treatment of Whistleblowers of Crime (Whistleblower) and Collaborating Perpetrators (Justice Collaborator) in certain criminal cases. The research method uses normative legal research that uses primary and secondary legal materials. The processing of legal materials is basically a series of activities to systematize or classify written legal materials to facilitate the analysis of primary legal materials. The results of the study found, there are no laws and regulations that specifically regulate justice collaborators and the disparity between law enforcers has a negative impact on not being given respect and protection for justice collaborators in Indonesia. That is, the role of justice collaborators to uncover crimes more broadly, deeper, faster is not taken into account at all by law enforcers, especially the regulations that govern them.

Keywords: Law System. Legal System. Corruption

THE EXISTENCE OF LAUJE TRADITIONAL JURISDICTION IN THE CRIMINAL JUSTICE SYSTEM

Moh Didi Permana — Wed, 15 Jun 2022 00:00:00 +0700

The handling of cases related to the principle of newbies in idem is a study of the application of the principle of newbies in idem so that the same case is not repeated at the court level. Nebis In Idem is a legal principle that applies in both civil and criminal law. In criminal law, this principle implies that a person may not be prosecuted twice because of an act that has received a decision that has permanent legal force. The explanation is in accordance with Article 76 paragraph (1) of the Criminal Code.

Keywords : Implementation, Nebis In Idem, Judicial Decision

CONSTITUTIONAL LAW QUO VADIS: THE CONSTITUTION AND THE STATE OF LAW OF INDONESIA

Ruslan Ruslan, Haerani Husaniy — Wed, 15 Jun 2022 00:00:00 +0700

Constitutions are basically the work of human beings which is arranged according to the needs when they are made. The term constitution with the constitution is indeed in accordance with the Dutch and German habits of using the words Grondwet (Grond: basic, wet: law), and Grundgesetz (Grund: basic, Gesetz: law), both of which refer to written texts. The Constitution is â€œa text that describes the framework and main tasks of the government agencies of a country and determines the main points of how these bodies work. The constitution is made by the people to form a government, not the other way around it is set by the government for the people, the constitution precedes the government because the government is actually formed based on the constitution. The constitution existed before the governmentâ€. As a written constitution, the 1945 Constitution is the highest provision in the hierarchy of laws and regulations in Indonesia. The purpose of this paper is to find out how the concept of the ideal state of law is in accordance with the ideals of the Indonesian nation. The writing approach method is normative juridical. The conclusion of this research is that the State of Indonesia is a Pancasila state law, not a legal state in the western concept.

Keywords : Constitution, State of Law, Pancasila.

THE TRADITION OF CUTTING THE FINGERS OF THE DANI TRIBE AS A SYMBOL OF MORNING LOCATED IN PAPUA

Wed, 15 Jun 2022 00:00:00 +0700

Customary is a habit or it can also be called a culture that has been carried out continuously and repeatedly, which has become the hallmark of a place or area that contains cultural values, norms, institutions, and habits. Customary law itself regulates all behavior carried out by people in a particular community group. Adat itself is divided into 2 (two) kinds, namely custom which if someone does it and is said to have violated it and ends up giving sanctions it is called customary law, while adat which if someone does it and does not include violating activities is called habit. Customary law is a habit carried out by a community that has various binding rules and also includes unwritten law because it is not included in the legal record that arises from habits carried out for generations. Causing legal consequences if someone's behavior is said to be in violation, such as the iki paleg tradition carried out by the Dani Tribe. The conclusion obtained is that the tradition can be said not to violate if the person does it voluntarily, and can be classified as a violation of human rights if the person does it under coercion.

Keywords: Customary Law, Human Rights (HAM), Dani Tribe.

LAW ENFORCEMENT OF ADOLESCENT DELIVERY IN THE PERSPECTIVE OF CHILDREN'S LAW BASED ON RESTORATIVE JUSTICE

Samsuria Samsuria, Heru Wardoyo — Wed, 15 Jun 2022 00:00:00 +0700

In law enforcement efforts related to juvenile delinquency in terms of the perspective of the Children's Law, it is necessary to pay attention together so that the settlement of these crimes can be resolved through channels outside the judiciary so that the mental and the psychology of the child or teenager can be minimized. Restorative justice is present not only to provide space for the settlement of crimes involving children outside the Judiciary, but also to seek solutions that promote a sense of justice through deliberation, etc. This type of research is normative legal research, the emphasis of normative legal research lies in legal studies, or legal studies (rechtsboefening) on â€‹â€‹positive law, which includes two layers of legal scholarship, consisting of legal dogmatic studies and legal theory studies.

Keywords: Law Enforcement, Youth, Restorative Justice