Alternative Settlement Through The Administrative Court By Testing The Authority Of Law Enforcement Procedures In The Order To Minimize Miscarriage Of Justice

Abrianto, Bagus Oktafian and Widyaningrum, Sigmawati and Nura Adila, Khofifah Nura and Gregorius Pandapotan, Andrean Gregorius and Aliansa, Wahyu (2021) Alternative Settlement Through The Administrative Court By Testing The Authority Of Law Enforcement Procedures In The Order To Minimize Miscarriage Of Justice. In: ICLSSE 2021, 9 September 2021, Singaraja, Bali, Indonesia.

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Abstract

A court decision should be a means for judges to realize justice. In fact, it is not uncommon for court decisions to contain a Miscarriage of Justice which is a failure to achieve justice. Miscarriage of justice occurs in the criminal justice process where if the judge makes a decision that occurs in someone who is not guilty or has not committed a crime, but is processed or even sentenced to criminal through a law enforcement process that directs the person as a criminal. The occurrence of miscarriage of justice should be minimized. the legal issues that will be raised in this research include the nature of miscarriage of justice in the criminal justice system the nature of the Administrative Court's authority in examining the actions of law enforcement officers who have the potential to commit Miscarriage of Justice. The purpose of this paper is to analyze the nature of miscarriages of justice in the criminal justice system and to analyze the authority of the Administrative Court in examining the actions of law enforcement officials who have the potential to commit miscarriages of justice. The method used in this research is legal research with doctrinal research type. The approaches used in this research are statute approach, theoretical approach, and comparative approach. To minimize miscarriage of justice itself, it can be done with an administrative law approach as Primum Remedium through testing the authority of law enforcement officials at the Administrative Court.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: court decision miscarriage of justice primum remedium administrative court
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 12 Jan 2022 11:00
Last Modified: 12 Jan 2022 11:00
URI: https://eprints.eudl.eu/id/eprint/9502

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