THIO PEBRI, NPM :111000408 (2016) KEDUDUKAN DAN KEWENANGAN HAKIM ADHOC DALAM PELAKSANAAN KEKUASAAN KEHAKIMAN DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN. Skripsi(S1) thesis, Fakultas Hukum Unpas.
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Abstract
Along with the very important the presence of Judge Adhoc, associated with the position and function of the judicial power, generate various views about the existence of the office of Judge Adhoc, whether or not the State Department. Rank Judge Ad Hoc be the absence of the rule of law with the issuance of Law No. 5 of 2014 on the Reform of the Civil Code, which in Article 122 paragraph e said that "the Office of the State referred to in Article 121 of chairman, vice chairman, head of the youth, and Hakim General at the Supreme court and the chairman, vice chairman, and judges in all judicial bodies except Ad hoc. In this thesis, which is the identification of the problem is: What is the status and authority of Judge Adhoc in the Judicial Power in Indonesia based on Law Number 48 Year 2009 concerning Judicial Authority ?; and what happens Legal proceedings related to the position and authority of Judge Adhoc Implementation of Judicial Power in Indonesia, and How should the position and authority of the judges in the implementation of the Judicial Power Adhoc In Indonesia? Method used in this study is a normative juridical approach, the testing and review of secondary date, namely the principles containedin the regulation legislation. Specification of research in compiling this thesis done by descriptive analysis that describes the problems that exist and then analyze it by using the primary legal materials of legal materials binding and consists of norms (basic) or a basic rule, legislation, legal materials are not codified, such as customary law, case law, treaty, legal materials from the colonial era that is still valid. secondary legal materials that explain about the primary legal materials. Ad Hoc Judge has the authority and the same position with the judge's career, it is because both judges and judges of the Ad Hoc Kariri equally be in the scope of the court under the Supreme Court and the state officials. So based on Law No. 48 of 2009 on Judicial Power, judges Ad Hoc serves as the State Officials and has the authority to examine, hear and decide a case as that possessed by career judges. Naturally, neither the judge nor the Justice Career Ad Hoc, the core principals that are functionally executing judicial authority; Legal issues relating to the status and authority of Judge Adhoc namely the Law on Administrative Civil State, stating that Judge Adhoc not State officials limited the authority of Judge Adhoc in the hearing, during which Judge Adhoc merely as a Judge and not have the authority as judges Chairman of the faithful hearing on the scope of the special court, suggestions to the writer suggested are: Government and House of Representatives need to revisit the Act No. 5 of 2014 on the Reform of Civil State as contrary to the Constitution 45 and not in sync with the Law No. 48 of 2009 on Judicial Power
Item Type: | Thesis (Skripsi(S1)) |
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Subjects: | S1-Skripsi |
Divisions: | Fakultas Hukum > Ilmu Hukum 2011 |
Depositing User: | Lilis Atikah |
Date Deposited: | 03 Oct 2016 12:15 |
Last Modified: | 03 Oct 2016 12:15 |
URI: | http://repository.unpas.ac.id/id/eprint/13525 |
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