Browsing by Author "Sri Wahyu Handayani"
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Publication The Dynamics Of The Supreme Court In Implementing The Independence Of Judicial Power In Indonesia(Penerbit USIM, Universiti Sains Islam Malaysia, 2021-12-30) ;Muhammad FauzanSri Wahyu HandayaniThe existence of the Supreme Court (MA) in the history of the state administration of the Republic of Indonesia (RI) is one of the state institutions that has always existed and is regulated in the constitution that has ever existed in Indonesia. This can be seen from the development of the constitution that has ever been in effect, starting with the 1945 Constitution which was ratified on 18 August 1945 (including the 1945 Constitution after the 5 July 1959 Decree), The 1949 Constitution of the United States Republic of Indonesia (KRIS), the 1950 Provisional Basis (UUDS), and the 1945 Amendment Result. The judicial power prior to the amendment of the 1945 Constitution was regulated very simply. This is contained in Article 24 stating that: (1) Judicial power is exercised by a Supreme Court and other judicial bodies according to law; paragraph (2) The composition and powers of the judicial bodies are regulated by law. Meanwhile, Article 25 states that: The requirements to become and to be dismissed as judges are stipulated by law. The regulation of judicial power through a statutory mechanism has resulted in the guarantee of the independence of the Supreme Court as the executor of judicial power experiencing a setback. This is because many laws are a reflection of the political will of power. The guarantee of the independence of the Supreme Court in exercising its judicial power has become the content of the constitution. One of them is regulated in Article 24 paragraph (1) stipulating that: Judicial power is an independent power to administer justice to uphold law and justice. Then Article 24A paragraph (4) stipulates that: The chairman and deputy chairman of the Supreme Court are elected from and by the supreme judge. Based on the results of the study, it can be concluded that the independence of the Supreme Court in implementing the independence of judicial power is influenced by several factors, namely internal and external factors. - Some of the metrics are blocked by yourconsent settings
Publication Equality Guarantee Of Human Rights In Land Acquisition For Development In The Public Interest After The Law On Job Creation In Indonesia(Penerbit USIM, Universiti Sains Islam Malaysia, 2021-12-30) ;Sri Wahyu Handayani ;Amardyasta Galih Pratama ;Abdul Aziz NasihuddinSupriyantoLand acquisition for development for public interest ex officio requires land or land as a location for physical realization for the construction of public interest facilities and infrastructure. However, in reality land acquisition for the public interest often causes disputes which are indicated to be detrimental to the people. Empirically, here are implications related to human rights, especially in land acquisition. This study examines human rights guarantees after the issuance of Law Number 11 of 2020 concerning Job Creation by linking Article 3 of Law Number 39 of 1999 concerning Human Rights which states that everyone is born free with the same and equal human dignity and worth, has the right to protection and legal treatment that is fair and without discrimination against land acquisition for development in the public interest which is vulnerable to being violated and distorted by the government or parties who need land during the land acquisition process. The results of this normative research offer indicators of appropriate and fair compensation taking into account the perspective of human rights.