Bail and Bail Processes Under the Plateau State Administration of Criminal Justice Law (ACJI), 2018

The abuse of power in Indonesia has been regulated in the realm of administrative law at the Law No. 30 Year 2014 on Government Administrationand Law No. 31 Year 1999 jo Law No. 20 Year 2001 onCorruption Eradication. The arrangement in those lawshas created an overlapping, overcriminilization and disharmony of law. This can be seen in Law No 30 Year 2014 on Goverment Administration,the sanctions of the abuse of powerare simply to return loss and can also be accompanied by dismissal, while in Law No 31 Year 1999 jo Law No. 20 Year 2001 onthe Eradication of Corruption with or without loss can be imprisoned and returning the loss will not remove the criminal prosecution. Other than that, there are potential linkage in the test to determine a state officials discretions between the Administrative Court and the Constitutional Court Post Pretrial Judicial Review Decision to extend the authority of the Pretrial. Keywords: the Abuse of Power, Goverment Administration Law, Corruption Eradication Law

Download Full-text

AN OVERVIEW ON THE ABUSE OF POWER IN THE PERSPECTIVE OF CORRUPTION LAW AND GOVERNMENT ADMINISTRATION LAW IN INDONESIA BASED ON THE CRIMINAL JUSTICE SYSTEM AND THE STATE ADMINISTRATION OF THE JUSTICE SYSTEM

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v5i3.8798 ◽

2017 ◽

Vol 5 (3) ◽

Author(s):

Seno Wibowo Gumbir ◽

Ratna Nurhayati

Keyword(s):

Criminal Justice ◽

Judicial Review ◽

Justice System ◽

Return Loss ◽

Administrative Law ◽

Criminal Prosecution ◽

Constitutional Court ◽

Abuse Of Power ◽

Government Administration ◽

State Administration

AbstractThe abuse of power in Indonesia has been regulated in the realm of administrative law at the Law Number 30 Year 2014 on Government Administrationand Law Number 31 Year 1999 jo Law Number 20 Year 2001 on The Corruption Eradication. The arrangement in those lawshas created an overlapping, overcriminilization and disharmony of law. This can be seen in Law No 30 Year 2014 on Goverment Administration,the sanctions of the abuse of powerare simply to return loss and can also be accompanied by dismissal, while in Law No 31 Year 1999 jo Law Number 20 Year 2001 onthe Eradication of Corruption with or without loss can be imprisoned and returning the loss will not remove the criminal prosecution. Other than that, there are potential linkage in the test to determine a state officials discretions between the Administrative Court and the Constitutional Court Post Pretrial Judicial Review Decision to extend the authority of the Pretrial.Keywords: the Abuse of Power, Goverment Administration Law, Corruption Eradication Law

Download Full-text

The Jurisprudence Of The Sokoto State Administration Of Criminal Justice Law 2019: Innovative Provisions, Redlines And Suggestions For Future Reforms

Advances in Social Sciences Research Journal ◽

10.14738/assrj.76.8319 ◽

2020 ◽

Vol 7 (6) ◽

pp. 1-21

Author(s):

Ibrahim Abdullahi

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Research Methodology ◽

Justice System ◽

Attorney General ◽

Legal Advice ◽

State Administration

This article appraises the jurisprudence, innovative provisions, redlines inherent in the Sokoto State Administration of Criminal Justice Law 2019 and make suggestions for future reforms. Sokoto State is one of States in Nigeria that has domesticated the Administration of Criminal Justice Act 2015 (ACJA 2015) through the signing into law of the Sokoto State Administration of Criminal Justice Law, 2019 by his Excellency, the Executive Governor of Sokoto State, Rt. Hon. Aminu Waziri Tambuwal (Mutawallen Sokoto) to take care of the problems of incessant delay in the criminal justice system. This article uses the doctrinal research methodology in gathering information’s and observes the need to look holistically at the issue of poor draftsmanship while provisions that runs counter to the Constitution should be addressed. The article recommended amongst others that the provisions relating to expeditious legal advice from the office of the Attorney General of Sokoto State and prohibition against lay prosecutions cannot be effective if the manpower at the Ministry of Justice is not improved upon and the welfare of the lawyers at the said Ministry is not taken care of. Barring the above, it is a new dawn for Sokoto State in the administration of Criminal Justice.

Download Full-text