Konsep Penegakan Hukum yang Sistematis dalam Perselisihan Pra-Yudisial Di Indonesia

Setiawan, Peter Jeremiah and Nugraha, Xavier and Srihandayani, Luisa (2022) Konsep Penegakan Hukum yang Sistematis dalam Perselisihan Pra-Yudisial Di Indonesia. Jurnal Hukum Ius Quia Iustum, 29 (1). pp. 68-92. ISSN 2527-502X

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Abstract

The existence of two cases based on two different legal norms at the same time can result in a 'pre-judicial dispute', hence the judge must answer the questions (1) whether there is a point of contact which causes the decision of a case depending on the decision of another case; and (2) if such interdependence exists, which case should be adjourned first while waiting for another court's decision. The guidelines for the rules regarding pre-judicial disputes themselves provide a lot of flexibility for judges, but on the other hand it creates problems. This study discusses: (1) the urgency of systematic pre-judicial dispute handling; and (2) formulation of a systematic dispute resolution mechanism. This research uses normative juridical legal research methods. This study concludes that first, the importance of systematic pre-judicial dispute handling, in order to support the validity of evidence, and avoid contradictory decisions, so that law enforcement is achieved through judge decisions that reflect justice, legal certainty, and expediency; second, the formulation of systematic pre-judicial dispute handling is carried out through legal discovery, namely the constituting, qualification, and constituent processes. This formulation cannot only be left to the judge, but also takes into account whether or not the parties have the initiative to file related cases in other courts. This study recommends that a systematic pre-judicial dispute handling mechanism be included in the legislation in order to bind judges.

Item Type:	Article
Uncontrolled Keywords:	Pre-judicial disputes; law enforcement; systematic
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	PETER JEREMIAH SETIAWAN
Date Deposited:	16 Feb 2022 06:29
Last Modified:	26 Sep 2023 04:29
URI:	http://repository.ubaya.ac.id/id/eprint/41317

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