Accessing Justice through Trial Monitoring At the Indonesian Human Right Court

Main Author: Dewi, Yustina Trihoni Nalesti
Format: Article PeerReviewed Book
Bahasa: eng
Terbitan: INTERNATIONAL SCIENTIFIC ACADEMY OF ENGINEERING & TECHNOLOGY , 2015
Subjects:
Online Access: http://repository.unika.ac.id/21760/1/Accessing%20Justice%20through%20Trial%20Monitoring.pdf
http://repository.unika.ac.id/21760/
http://www.isaet.org/proceeding.php?catid=118&type=4&mode=detail
ctrlnum 21760
fullrecord <?xml version="1.0"?> <dc schemaLocation="http://www.openarchives.org/OAI/2.0/oai_dc/ http://www.openarchives.org/OAI/2.0/oai_dc.xsd"><relation>http://repository.unika.ac.id/21760/</relation><title>Accessing Justice through Trial Monitoring At the Indonesian Human Right Court</title><creator>Dewi, Yustina Trihoni Nalesti</creator><subject>300 Social Sciences</subject><subject>348 Laws, regulations &amp; cases</subject><description>The participation of society who has a great attention to law enforcement in Indonesia is a control mechanism for a trial process, particularly in the cases which are sensitive to sense of justice such as in the cases of gross violations of human rights. The public control should be encouraged and empowered with the purpose to minimize or even abolish practices which deviate from the&#xD; principles of fair trial. Public control needs to be implemented to test whether the legal reasoning used in the whole legal process, inquiry, investigation, prosecution to verdict are in accordance to the&#xD; principles of good and proper of law based on the legal studies and in conformity with both material and formal law. It is also to find whether the whole process in accordance with the legal, moral, and social justice. With such public control, the judge, prosecutor, and all parties involved in a judicial process are required to improve their integrity, credibility, and professionalism in examining a case so as not to be a controversial decision that could potentially injure the sense of justice to victims and society. As a matter of fact, the&#xD; enforcement of law and justice in the cases of gross violations of human rights requires the expertise and competence of prosecutors, advocates, judges and police officers. Moreover, it also needs moral and legal commitment as well as a favorable situation in which the interference of of political power will not affect legal process. Keywords&#x2014;Accessing Justice, Trial Monitoring, Human Rights Court.</description><publisher>INTERNATIONAL SCIENTIFIC ACADEMY OF ENGINEERING &amp; TECHNOLOGY</publisher><date>2015</date><type>Journal:Article</type><type>PeerReview:PeerReviewed</type><type>Book:Book</type><language>eng</language><identifier>http://repository.unika.ac.id/21760/1/Accessing%20Justice%20through%20Trial%20Monitoring.pdf</identifier><identifier> Dewi, Yustina Trihoni Nalesti (2015) Accessing Justice through Trial Monitoring At the Indonesian Human Right Court. International Journal of Humanities and Management Sciences (IJHMS), 3 (3). pp. 139-143. ISSN 2320&#x2013;4044 (Online) </identifier><relation>http://www.isaet.org/proceeding.php?catid=118&amp;type=4&amp;mode=detail</relation><recordID>21760</recordID></dc>
language eng
format Journal:Article
Journal
PeerReview:PeerReviewed
PeerReview
Book:Book
Book
author Dewi, Yustina Trihoni Nalesti
title Accessing Justice through Trial Monitoring At the Indonesian Human Right Court
publisher INTERNATIONAL SCIENTIFIC ACADEMY OF ENGINEERING & TECHNOLOGY
publishDate 2015
topic 300 Social Sciences
348 Laws
regulations & cases
url http://repository.unika.ac.id/21760/1/Accessing%20Justice%20through%20Trial%20Monitoring.pdf
http://repository.unika.ac.id/21760/
http://www.isaet.org/proceeding.php?catid=118&type=4&mode=detail
contents The participation of society who has a great attention to law enforcement in Indonesia is a control mechanism for a trial process, particularly in the cases which are sensitive to sense of justice such as in the cases of gross violations of human rights. The public control should be encouraged and empowered with the purpose to minimize or even abolish practices which deviate from the principles of fair trial. Public control needs to be implemented to test whether the legal reasoning used in the whole legal process, inquiry, investigation, prosecution to verdict are in accordance to the principles of good and proper of law based on the legal studies and in conformity with both material and formal law. It is also to find whether the whole process in accordance with the legal, moral, and social justice. With such public control, the judge, prosecutor, and all parties involved in a judicial process are required to improve their integrity, credibility, and professionalism in examining a case so as not to be a controversial decision that could potentially injure the sense of justice to victims and society. As a matter of fact, the enforcement of law and justice in the cases of gross violations of human rights requires the expertise and competence of prosecutors, advocates, judges and police officers. Moreover, it also needs moral and legal commitment as well as a favorable situation in which the interference of of political power will not affect legal process. Keywords—Accessing Justice, Trial Monitoring, Human Rights Court.
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