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UPAYA JUDICIAL SCRUTINY MELALUI PERAN HAKIM PENGAWAS DAN PENGAMAT TERHADAP NARAPIDANA YANG TELAH MEMPEROLEH PUTUSAN BERKEKUATAN HUKUM TETAP
There is a division of authority between supervising judges and observers with Correctional Institutions so that it is considered less effective in its implementation. That there is an overlap of rules that causes legal uncertainty about the role of the supervisory judge and observer. As a result, the results of supervision and observation issued by supervisory judges and observers (wasmat) reported to the chief justice seem futile and only become a pile of files. Departing from this, the researcher wants to dig deeper into the legal certainty or binding laws and regulations related to the role of supervising judges and observers in judicial scrutiny efforts against inmates who have obtained decisions that have permanent legal force. If it is known that it is related to its legal certainty, then the researcher wants to find out about the mechanism for following up on the results of the supervision and observation report of the supervisory judge and observer or wasmat as an effort to judicial scrutiny of convicts who have obtained a verdict that has permanent legal force. This research was conducted using the nature of descriptive and analytical research. Researchers in this study use a juridical-empirical approach. The researcher also used data sources that included primary data sources and secondary data sources. The researcher uses data collection techniques with interviews, documentation, and literature studies in order to support and answer the problems raised in this study. As an analytical knife, this study uses the theory of legal certainty (Legal Certainty Theory) which focuses on the legitimacy of an action or authority possessed by law enforcers and the implementation theory which emphasizes more on the results of the implementation of a rule or policy. The results of the author's research show that when dissected with the theory raised in this scientific paper, then with legal certainty the implementation of the duties of supervisory judges and observers or wasmat as part of judicial scrutiny efforts has not been fully achieved. Although this is confirmed by the technical regulations in the Circular Letter of the Supreme Court of the Republic of Indonesia Number 7 of 1985 concerning Guidelines for the Implementation of the Duties of Supervisory Judges and Observers. Therefore, more specific arrangements are still needed regarding the authority of supervisory judges and observers. In terms of the implementation of a regulation or policy, the implementation of the duties of supervising judges and observers is not felt to be beneficial to the inmates and the punishment itself. This is because there are still several regulations that are not implemented properly. Therefore, the implementation of policies within the framework of responsive legal theory discussed by the author is not fully in accordance with the facts that occur in the field.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040091 Muhammad Alifian Drajat Saputra
UPAYA JUDICIAL SCRUTINY MELALUI PERAN HAKIM PENGAWAS DAN PENGAMAT TERHADAP NARAPIDANA YANG TELAH MEMPEROLEH PUTUSAN BERKEKUATAN HUKUM TETAP (Text)
UPAYA JUDICIAL SCRUTINY MELALUI PERAN HAKIM PENGAWAS DAN PENGAMAT TERHADAP NARAPIDANA YANG TELAH MEMPEROLEH PUTUSAN BERKEKUATAN HUKUM TETAP (Other)
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