This study aims to determine the optimization of the implementation of mediation in the Gorontalo Religious Court. This research is a field research with data collection methods in the form of observations, interviews and documentation. Data's were analyzed using qualitative descriptive. The results of the study found that the implementation of mediation in the Gorontalo Religious Court was not yet fully optimal. Based on the cases decided by the Gorontalo Religious Court in 2016 totaling 1524 and entering the mediation process as many as 87 cases and only 1 case that was successfully mediated (0.1%). Factor failure of the mediation process because the mediation room facilities are still not efficient enough, because the parties to queue, even some mediator judges carry out mediation in the judge's room itself, there is no certified mediator as explained in the Minister of Religion Regulation (PERMA) Number 1 of 2016 about Procedure for Mediation at Court.
The execution of the State Administrative Court Decision which has permanent legal force (inkracht van Gewijsde) in the era of autonomy is as wide as possible, and begins with the breakdown of the paradigm of regional autonomy in the 1945 Constitution of the Republic of Indonesia. Article 18, Article 18A and Article 18B, the implementation of regional government is based on the principles that become the normative basis. State Administrative Court decisions that cannot be executed have caused pessimism and apathy in society. The problem is that there is no executive power in the Law Number 5 of 1986 concerning the Regulation of State Administration. This condition is an alarming fact that the existence of a State Administrative Court Decision has not been able to bring justice to the public in the administrative sphere of government. The principle of the existence of a State Administrative Court Decision, to place judicial control in the implementation of good governance becomes biased in the Indonesian constitutional system.
Consumer dispute can be resolved by litigation and non-litigation based on agreement of the parties. Presence of the Consumer Dispute Resolution Agency (BPSK) considered as a new hope for parties because thats's give an option to resolve consumer dispute, through BPSK it is expected that dispute can be resolved in a simple, fast, and low-cost manner. However, in fact the verdict issued by BPSK has the disadvantage of not having specificity, it caused by the article 54 point 3 of Consumer Protection Law mention that the BPSK decision is final and binding but can still be submitted for objection, even cancellation, then the absence of executorial power on the BPSK decision causes this BPSK decision to have no merit. ; Consumer dispute can be resolved by litigation and non-litigation based on agreement of the parties. Presence of the Consumer Dispute Resolution Agency (BPSK) considered as a new hope for parties because thats's give an option to resolve consumer dispute, through BPSK it is expected that dispute can be resolved in a simple, fast, and low-cost manner. However, in fact the verdict issued by BPSK has the disadvantage of not having specificity, it caused by the article 54 point 3 of Consumer Protection Law mention that the BPSK decision is final and binding but can still be submitted for objection, even cancellation, then the absence of executorial power on the BPSK decision causes this BPSK decision to have no merit.
This paper deals with the existence of customary courts in Aceh in the national judicial system. From formal-juridical perspective, the existence of customary courts is not clearly stated; however, the practices of community have indicated that most of civil disputes and criminal offenses were resolved by the customary courts in Aceh. The question relates to such issues as administration of Aceh customary courts, duties of functionaries in this customary courts, and its existence within the national judicial system. This paper shows that, although the local government of Aceh does not legally include customary court as one of the state official justices, this kind of court has been sociologically recognized in resolving disputes that occur in the society. Furthermore, the local government of Aceh has codified it in the form of qānūn (legal code). ; This paper deals with the existence of customary courts in Aceh in the national judicial system. From formal-juridical perspective, the existence of customary courts is not clearly stated; however, the practices of community have indicated that most of civil disputes and criminal offenses were resolved by the customary courts in Aceh. The question relates to such issues as administration of Aceh customary courts, duties of functionaries in this customary courts, and its existence within the national judicial system. This paper shows that, although the local government of Aceh does not legally include customary court as one of the state official justices, this kind of court has been sociologically recognized in resolving disputes that occur in the society. Furthermore, the local government of Aceh has codified it in the form of qānūn (legal code).
Mediation is one of dispute resolution process that is faster and cheap, as well as can give access that is greater to all party to find settlement that satisfy and meet justice sense, however mediation implementation in Padang Religion Court class 1 A slight once that succeed in mediation. Problem formulation namely: 1. How mediation implementation in divorce case as peace effort in Padang Religion Court class 1 A ? 2. Factors any that became supporter and mediation success obstacle in Padang Religion Court class 1 A? Sociological juridical approach law research method (socio legal research). Research result: Padang Religion Court conducted peace effort with mediation way, accordance Perma Number 1 Year 2008. Mediation implementation in divorce case not yet went like a bomb. From 636 case that in mediation for January 2013 to June 2014 only 25 case or 3.9 % only divorce case that succeed mediation. Success as well as mediation failure certainly have supporter factor as well as inhibitory factor, among mediation success supporter factor in Padang Religion Court among others: mediator ability, sociological factor and pisikologis all party, moral and kerohaniaan, and good determination all party. Besides it so happens mediation success obstacle factor in Padang Religion Court among others: eager desire all party to divorce, room that is less conducive, mediator number limitation,one of party would not come, and lack of community understanding about mediation. Keyword: Mediation, settlement, divorce, Religion Court.
The individual candidate will become the new competitor for the political party in the depths of the local head election after the Constitution Court enact the judicial review against the Act 32 year 2004 about the Government of the Area. The Constitution court considered that the Act 32 year 2004 that only give space and the opportunity to the political party and the combination of the political party evidently is considered contradictory to the 1945 Constitution. The Act 32 year 2004 consider to close the constitutional right the individual candidate without going through the political party in the local head election. The Constitution court then say so that the individual candidate without going through the political party or the combination of the political party is enabled to go along in the local head election. The keyword : The individual candidate, Constitution Court
The relationship between state agencies basically can not be separated from the system used by the state government itself. Indonesia as a country that adopts a presidential government certainly has a pattern of distribution of power, although theoretically the presidential government system power state agency separate (separation of power), but the relationship between institutions is not a relative. The mechanism of checks and balances of power destribusi state institutions. Before the amendment, the agency is the State Supreme People's Representative Council (DPR), the President, the Supreme Audit Agency CPC, the Supreme Advisory Council (DPA) and the Supreme Court with the vertical power distribution. Following the amendment to the state institutions teridir of the President, the People's Consultative Assembly (MPR), House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Audit Agency (BPK), the Supreme Court (MA), and the Constitutional Court (MK) with distribution horizontal power - functional. The distribution of power still has a problem among others, the discontinuity in the distribution of state agencies ranging from the overlapping powers of the president in participating deliberating the bill with the House, the confusion related to the division between the authority of the Supreme Court and the Constitutional Court in the perspective of the state administration, the inconsistency of the parliamentary system that it wants to apply and the lack of authority DPD in parliament. ; The relationship between state agencies basically can not be separated from the system used by the state government itself. Indonesia as a country that adopts a presidential government certainly has a pattern of distribution of power, although theoretically the presidential government system power state agency separate (separation of power), but the relationship between institutions is not a relative. The mechanism of checks and balances of power destribusi state institutions. Before the amendment, the agency is the State Supreme People's Representative Council (DPR), the President, the Supreme Audit Agency CPC, the Supreme Advisory Council (DPA) and the Supreme Court with the vertical power distribution. Following the amendment to the state institutions teridir of the President, the People's Consultative Assembly (MPR), House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Audit Agency (BPK), the Supreme Court (MA), and the Constitutional Court (MK) with distribution horizontal power - functional. The distribution of power still has a problem among others, the discontinuity in the distribution of state agencies ranging from the overlapping powers of the president in participating deliberating the bill with the House, the confusion related to the division between the authority of the Supreme Court and the Constitutional Court in the perspective of the state administration, the inconsistency of the parliamentary system that it wants to apply and the lack of authority DPD in parliament.
The relationship between state agencies basically can not be separated from the system used by the state government itself. Indonesia as a country that adopts a presidential government certainly has a pattern of distribution of power, although theoretically the presidential government system power state agency separate (separation of power), but the relationship between institutions is not a relative. The mechanism of checks and balances of power destribusi state institutions. Before the amendment, the agency is the State Supreme People's Representative Council (DPR), the President, the Supreme Audit Agency CPC, the Supreme Advisory Council (DPA) and the Supreme Court with the vertical power distribution. Following the amendment to the state institutions teridir of the President, the People's Consultative Assembly (MPR), House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Audit Agency (BPK), the Supreme Court (MA), and the Constitutional Court (MK) with distribution horizontal power - functional. The distribution of power still has a problem among others, the discontinuity in the distribution of state agencies ranging from the overlapping powers of the president in participating deliberating the bill with the House, the confusion related to the division between the authority of the Supreme Court and the Constitutional Court in the perspective of the state administration, the inconsistency of the parliamentary system that it wants to apply and the lack of authority DPD in parliament.
The integration of mediation in court practices, on the one hand intended to avoid the accumulation of cases, but on the other hand increase the burden of the judges. For that reason, it is understandable if the success rate is very small mediation divorce case. Paramediator limited time availability, lack of skills/skill mediator, lack of motivation and persistence finish the case, the absence of a mediator from outside the court registered a problematic instrument relating to the judge mediator. This condition presupposes the involvement of non-judge mediators, who have local knowledge base to engage in mediation cases. In fact, the regulations will it also looked very normative-procedural. In addition, this type of divorce case is rather complicated, especially if motivated by domestic violence, disharmony, the presence of third parties into its own problematic when mediated. But the most decisive is the parties who appeared since the beginning has been shut down to peace, making its implementation more complicated problems of mediation in Gorontalo Religious Court and Limboto Religious Court.
The Inspectorate of Bantul District, and the Yogyakarta District Court) in the corruption case of Persiba Bantul grants. The calculation of the two government audit agencies was significantly lower than the amount settled by the court. There was also a different amount resulted from the calculation between BPKP and the inspectorate. These differences may affect public trust on government audit agencies in supporting corruption eradication. This study used a qualitative method with a case study approach. The results show that there are differences in calculating the state financial loss due to two factors: components of the calculation and recognition of amounts of the loss by BPKP and the inspectorate. Specificially, differences are due to access to audit evidences and new facts, assigned time of auditors, and human factor. The court seems to have advantages regarding to access audit evidence and other information and therefore, the court could set a higher amount of the state loss. This study contributes to having better understanding of calculating the state financial loss. Keywords: counting losses to the country, corruption case, losses to the country, thematic analysis
Arbitrators have very important role in the process of dispute settlement through arbitral institusion. Therefore, Act number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution regulates the procedure of the appointment of an arbitrators in case of dispute among the parties. The Chairman of District Court is given the authority by the act to resolve the disputes on the appointment of arbitrators, both disputes in as ad hoc arbitration and institusional arbitration. Nonetheles, it is qustionable and the aothority on the settlement of disputes concerning the appointment aof the arbitrators given by the act to the Chairman of district court. Its is also because the spirit which is expented to be built from the disputes settlement is the late process as a result of the procedural and administrative factors can be avoided. Besides, is the authority in accordance with the principle of simple, quick and inexpensie trial. It wil not become simple because the forum must be moved. It will not become quick because it still take time to settle it and it will requires costs for the trial at the court. In addition to, the Chairman of District Court should have the certain criteria in appointing arbitrators because the requirements stipulated in Article 2 or Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution is not clear on what kind of persons are considered as experts in their field and who has the authority to evaluate that someone is expert in his/her field.
The Amanded of UUD 1945 changed basically the structure and State institutional. the change of the structure State institutional that is, was formed several of the new State institutionals, among them the Yudisial Commission (KY), the Constitutional Court (MK) and the Council of Representative of the Area (DPD). The UUD 1945 amanded unclear defined the State institutional, that is caused the inter-institutional authority dispute . Who right to interpreted the State institutional and what institution that were said as the State institution according to UUD 1945 fourth amanded . The Institution that the Right to interpreted UUD 1945 is the Constitutional Court. The State institutional that were meant in UUD 1945 is People's Consultative Assembly, the People's Representative Council, DPD, President, The ministry of the State , BPK, , DPRD, the Commission of general election (KPU), the Yudisial Commission, , the central bank, Republic of Indonesia Army, Republic of Indonesia State Police, and the Council of President consideration . The constitutional court had the authority to settle of the inter-institutional authority dispute of the country that his authority was given by UUD 1945.