Aspects Of Law Enforcement Research Articles

Fisheries law enforcement in the yellow sea by Chinese coast guard agencies: Legal sources, core issues and dispute settlement

As an important aspect of maritime law enforcement, fisheries law enforcement is no longer solely within the sovereignty of coastal states. Instead, it has become a complex issue of domestic and international law, especially in disputed waters. This essay focuses on the Yellow Sea area, first sorting out the legal sources of fisheries law enforcement by Chinese Coast Guard Agencies, and then discussing core issues closely related to fisheries law enforcement in the region, including the definition of Chinese jurisdictional waters, the right to use weapons by authorized agencies, and administrative procedures for fisheries law enforcement. Meanwhile, this essay considers alternative options and potential pathways on both domestic and international levels, through which China and South Korea might settle their disputes arising from fisheries law enforcement activities. On this basis, a regional cooperation framework is argued to be established to eliminate differences, reach consensus, and promote peaceful, harmonious, and effective fisheries law enforcement activities between the two states.

The Impact Of Using Technology And Innovation In Law Enforcement In The Era Of Digitalization

In an era of rapid digitalization, technology and innovation have fundamentally transformed the landscape of law enforcement. This article examines the profound impact of information technology on various aspects of law enforcement in the digital age. It offers a comprehensive review of how technology has reshaped evidence collection, surveillance, rule enforcement, and dispute resolution processes. Additionally, the article discusses the challenges and opportunities the legal system faces in adapting to these technological advancements. Utilizing a literature review methodology, the research analyzes case studies and conceptual frameworks to provide a deeper understanding of how technology enhances the effectiveness and efficiency of law enforcement while considering its broader implications for justice and human rights. Furthermore, this study lays the groundwork for future research, encouraging further empirical exploration of these critical issues. This research examines the impact of technology on the accessibility of justice, highlighting both its potential to democratize legal services and the challenges it poses, such as privacy concerns and security risks. By exploring these dynamics, the study lays the groundwork for future research on the evolving role of technology in law enforcement and legal systems.

The Criminal Law Enforcement Based on Socio-Legal Approach Against Illegal Parking Officers in Achieving Justice

This research aims to analyze aspects of law enforcement based on a socio-legal approach towards illegal parking officers in realizing justice. This research is socio-legal legal research which looks at law comprehensively including its relationship to non-legal aspects. The research results confirm that the factors related to the phenomenon of illegal parking officers are actually complex, including economic, social, cultural and political factors. The existence of illegal parking officers generally occurs because both regulations and law enforcement officers in Indonesia have not been optimal and effective in carrying out law enforcement efforts against illegal parking officers. The concept of criminal law enforcement against illegal parking officers based on a socio-legal approach can also prioritize non-penal and penal efforts so that it is hoped that the criminal law enforcement process can be carried out optimally. Efforts to enforce criminal law for illegal parking officers in realizing justice can be carried out by approaching legal and non-legal aspects in both preventive and repressive law enforcement.

Positioning Of Legal Philosophy To Maintain The Dignity Of Law Enforcement

The enforcement of law is an integral aspect of the legal system's functioning, and it is often criticized with phrases like "no viral, no justice" or "law is sharp downwards, blunt upwards." In this context, how does the philosophy of law play a role in upholding the integrity of law enforcement, and how can a legal enforcement system be grounded in the rationality of legal philosophy. This type of research is normative with a conceptual approach based on secondary data. Secondary data is obtained through literature review and then analyzed qualitatively. Based on the analysis, it is found that the role of legal philosophy in maintaining the integrity of law enforcement involves guiding law enforcers to work effectively, respect, follow, and consistently apply rules to create balanced relationships by providing rights to everyone through fair and proportional procedures. A legal enforcement system based on the rationality of legal philosophy would involve: Methodical Enforcement: Law enforcement. is conducted in a structured and systematic manner. Systematic Enforcement: Law enforcement follows a structured process. Coherent Enforcement: Law enforcement is logically consistent. Rational Enforcement: Law enforcement is based on reason rather than emotion. Comprehensive Enforcement: Law enforcement addresses all relevant aspects comprehensively. Radical Enforcement: Law enforcement applies thoroughly and decisively. Universal Enforcement: Law enforcement is applied universally, ensuring that it is fair and equal for all. This research confirms that a strong and integrated legal philosophy position in the law enforcement system is the key to maintaining and enhancing the dignity of the law itself. This requires commitment from all legal stakeholders to continue to apply and develop the principles of legal philosophy in every aspect of law enforcement.

Analisis Kebijakan Hak Restitusi Dalam Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual

Children who are victims of sexual violence have the right to receive protection in the form of restitution. Where restitution is compensation for losses obtained from the perpetrator against the victim of a criminal act. Restitution is collected by the institution, namely the Witness and Victim Protection Agency (LPSK), where this compensation is added up by LPSK, namely in the form of compensation for loss of wealth, compensation for suffering as a result of criminal acts, as well as reimbursement for the costs of medical or psychological treatment. With this, the approach taken in this research uses a normative juridical approach and is supported by an empirical juridical approach. The data used is primary and secondary data. Data collection refers to literature studies and field studies. Then there is women's empowerment and child protection. The results of this discussion and research show that the role of LPSK towards children who are victims of sexual violence is that there are normative efforts, then factual efforts and ideal efforts, all of which require assistance, cooperation and synergy from related elements in order to realize that the right to restitution for victims can be fulfilled. with fair. Then there are also several aspects that are capable of and are considered as inhibiting factors in LPSK carrying out its duties, such as the legal aspect itself, then the law enforcement aspect, then supporting and supporting aspects such as facilities and infrastructure and community aspects.

THE CONSTRUCTION OF CORPORATE FAULT RELATED TO CORPORATE CRIMINAL ACTS IN THE NEW CRIMINAL CODE: IMPLICATIONS AND FORMULATIONS

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>In the development of modern criminal law, corporate crime has become a primary concern because corporations, as separate legal entities from the individuals within them, are increasingly involved in various widespread legal violations. Therefore, discussions regarding the construction of "corporate fault" in the new Draft Criminal Code (RKUHP) have become crucial to provide legal certainty and justice in handling criminal acts committed by corporations. This research aims to formulate the appropriate formulation in constructing "corporate fault" related to corporate criminal acts in the new Draft Criminal Code (RKUHP), considering the legal, economic, and business implications that may arise. This research uses a normative legal research method with legislative and conceptual approaches. The results of the analysis will be presented in descriptive-analytical form. The research findings indicate that the appropriate formulation in constructing "corporate fault" related to corporate criminal acts in the new RKUHP is by adopting the concept of corporate criminal liability that allows corporations to be held accountable for the actions or omissions of individuals acting on behalf of or for the benefit of the corporation. However, the new RKUHP needs to clearly define the definition of a corporation, criteria and conditions under which a corporation can be held accountable, types of criminal acts and applicable sanctions, as well as a proportional accountability mechanism while still adhering to criminal law principles, best practices from other countries, human rights protection, legal certainty, investment climate, and practical aspects of law enforcement. This formulation should be comprehensive and balanced to provide legal certainty, justice, and support national economic growth by considering legal implications, appropriate law enforcement mechanisms and evidence, legal certainty aspects, investment climate, corporate compliance and risk management, as well as legitimate business continuity.</em><em></em></p></td></tr></tbody></table>

Research on Tax Legal Issues of Virtual Property

The rapid development of virtual property has become an important part of digital economy and virtual economy. The economic activities of virtual property are increasingly prosperous, and the economic benefits brought by virtual property cannot be underestimated. However, while virtual property-related income is growing, it is difficult for them to be included in the scope of tax collection and management by tax authorities. Starting from the analysis of the legal basis of virtual property, this paper explores the essence and classification of the tax law of virtual property, analyzes the problems existing in the current tax law and the difficulties faced by tax collection and management, and explores the construction of Chinese-style modern virtual property tax law norms and collection and management systems from two aspects of legislation and law enforcement.

The Legal Politics of Restorative Justice in Indonesia

<em>Restorative Justice needs to be implemented immediately in Indonesia. Law Number 1 of 2023, which is expected to be an oasis, does not regulate this matter optimally. This article will discuss the ideal form of regulation for implementing restorative Justice in Indonesia. Implementing restorative Justice will include more than procedural or formal law. More than that, restorative Justice must cover all aspects of criminal law enforcement. It starts from material criminal law, procedural law, litigation dispute resolution, and non-litigation case resolution. This article will use normative juridical research methods and conceptual and statutory approaches. One of the important findings in this article is the absolute need for a paradigm shift in the enforcement and regulation of criminal law. From the initial nuance of retribution to a more nuanced recovery approach (restorative). Then therapeutic justice regulation must also be included in material criminal law regulation. So, it can be used as a guide for law enforcement officials in finding substantive Justice.</em>

EVOLUTION AND INTEGRATION OF INTEGRATED CORRECTIONAL FACILITIES: FROM THEORY TO PRACTICE

In connection with the approval by the Government of the Russian Federation of the legislative changes of the Ministry of Justice of the Russian Federation, which allow the creation of unified-type institutions in the penitentiary system, the author of the article considers conceptual, legislative and law enforcement aspects, starting from the historical aspect of its emergence and development in the 1990s in the USSR and ending with modern approaches to the integration of different types of penitentiary institutions. The main categories of multiregime are analyzed, and the prospects for the development and implementation of technological innovations in the penitentiary system are discussed. Particular attention is paid to the economic justification and feasibility of creating unified-type institutions, as well as organizing mixed institutions on the basis of interregional cooperation. Possibilities of standardization and expansion of successful practices in the field of penitentiary system are presented.

Analysing the Impact of Corruption on the Effectiveness of Law Enforcement: A Case Study in Police Science Studies in Indonesia

<p class="TableParagraph"><em>Corruption has become a profound issue in the context of law and policing in Indonesia. This article aims to analyse the impact of corruption on the effectiveness of law enforcement, with a focus on the study of police science in Indonesia. The method used is a literature review, by collecting and analysing various related literature, reports and case studies. The results of the literature analysis show that corruption within the police has a significant impact on various aspects of law enforcement. Corruption can hamper the integrity and credibility of the police institution, affect the investigation process, and potentially damage the relationship between the police and the community. Case studies in the Indonesian context reveal the challenges faced in efforts to eradicate corruption in the police. In addition, this article also discusses the efforts that have been made by the government and relevant institutions in addressing the issue of corruption in the police. These include policy reforms, training, and stricter law enforcement against perpetrators of corruption. In order to improve the effectiveness of law enforcement in Indonesia, concrete steps are needed in the prevention and eradication of corruption in the police. The results of this literature analysis provide deep insight into the complexity of corruption issues in the context of policing, as well as identifying directions for further research in an effort to improve the integrity and efficiency of law enforcement agencies in Indonesia.</em></p>

The problems of defining and applying the concepts of gender equality and gender inequality in Russian law

The article examines the issues of the emergence, development and current state of the scientific problem of defining the concepts of gender equality (inequality), as well as the law enforcement aspect of its solution in the Russian Federation and in foreign countries. The object of the study is public relations between the state and citizens of Russia on issues of equality of rights, freedoms, opportunities for their realization and obligations established by Part 2 of Article 6 and Part 3 of Article 19 of the Constitution of the Russian Federation. The subject of the study is the norms of constitutional (Part 2 of Article 6, Part 3 of Article 19 and paragraph "zh.1" of Part 1 of Article 72 of the Constitution of the Russian Federation), civil (part 1 of Article 12 of the RF IC) and administrative law (Part 2 of Article 3.9 and Part 2 of Article 4.2 of the Administrative Code of the Russian Federation), other normative legal acts and judicial acts defining gender equality (inequality) of citizens. In the course of the work, dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods were used. The aim of the study is to develop a uniform approach to establishing the concepts of gender equality (inequality) in order to eliminate the problems of ambiguous interpretation and conflict of legislation in modern science and law enforcement practice. This goal has determined the need to set and solve the following tasks: 1. Research on the concepts of gender equality (inequality) as legal categories in the Russian Federation and foreign countries. 2. Formulation of uniform definitions of gender equality (inequality). 3. Definition of the main difference between the concepts of gender equality (inequality). 4. Consideration of the possibility of applying the author's concepts of gender equality (inequality) in law enforcement practice and in normative acts. The study showed that there is no single approach to understanding gender equality (inequality) in modern science and law enforcement practice. Most modern concepts of gender equality (inequality) are based on the recognition of the equality of rights and freedoms of men and women. The author of the article puts forward the theory that gender equality is a right guaranteed by the state and international legal acts, freedom, duties and opportunities to achieve them in relation to citizens without gender separation, and gender inequality, on the contrary, acts as a discriminatory sign in relation to citizens depending on their gender.

Oversight on the Execution of Fixed-Term Employment Contracts at the Makassar City Labor Department

This study delves into the procedures and regulatory frameworks governing PKWT, alongside scrutinizing the oversight mechanisms in place to ensure adherence to labor laws, safeguard worker rights, and maintain a balance between employer interests and employee protections. Through empirical legal research, involving interviews, document analysis, and a thorough review of legal statutes, the study unveils the intricacies of PKWT registration at the Makassar City Labor Office and assesses the effectiveness of labor oversight practices. Findings reveal that the registration process for PKWT, whether conducted online within three days or offline within seven days post-signing, necessitates the submission of specific documents to ensure legal and administrative compliance. This mechanism not only provides clarity and accountability but also serves as a foundational aspect of labor law enforcement. However, the research identifies a gap in the legal framework concerning sanctions for non-registration of PKWTs, underscoring a potential area for legislative enhancement to reinforce worker protections. The study further examines the role of labor oversight, conducted by the Makassar City Employment Office and other relevant bodies, in maintaining a fair, transparent, and regulated employment landscape. It categorizes oversight into preventive and repressive measures, each playing a critical role in promoting compliance with labor regulations and safeguarding worker rights. Despite the proactive efforts in education and socialization to foster compliance, limitations in authority at the city level underscore the necessity for coordinated efforts with provincial labor authorities to bolster oversight efficacy.

Implementation of FLEGT Licensing Scheme in Deforestation Law Enforcement: Improvements and Handling in Indonesia

This study aims to determine the implementation of the Forest Law Enforcement, Governance, and Trade (FLEGT) licensing scheme in Indonesia, focusing on its improvements and handling in relation to deforestation law enforcement. The research method used is qualitative, with an empirical juridical, statutory, and contextual approach. The results of this study indicate that aspects of environmental law enforcement in Indonesia have not yet come to light. The responsible authorities and powers exhibit a tendency to supersede established regulations of environmental law enforcement regarding procedural requirements, remedies, and sanctions. Consequently, reforestation schemes and forestry restoration permits, which are intended to counteract the effects of deforestation, have proven to be ineffective. This ineffectiveness can be attributed to the ongoing industrial forestry activities carried out by companies and entrepreneurs, which lack the requisite procedures for ensuring accountability in environmental restoration.

’»Speaking the Same Language« – in Fact or Metaphorically – Makes a Difference.’

Dr. Mátyás Hegyaljai, Deputy State Secretary for EU and International Affairs of Ministry of Interior (Hungary), is the interviewee in our thematic issue commemorating the 100th anniversary of INTERPOL. Mr. Hegyaljai’s name may ring a bell not only for our Hungarian readers but also for our foreign readers, as he was the head of the Hungarian INTERPOL National Central Bureau, a member and then President of the INTERPOL European Commission and later a member of the INTERPOL Executive Committee. During the interview we discussed the global, regional and national aspects of law enforcement, the importance of regional – including European – cooperation, the impact of the digital revolution and the COVID epidemic, Hungary’s role in combating crime, and Mr Hegyaljai’s personal experiences. The Deputy State Secretary was interviewed by Prof. Dr Valér Dános, Editor-in-Chief, and Dr Csaba Szabó, Deputy Editor-in-Chief.

Penegakan Hukum Terhadap Asset Recovery Tindak Pidana Korupsi Di Indonesia

Introduction: Corruption crimes in Indonesia continue to increase and have become a complex problem for law enforcement officials, both in terms of the number of cases and state financial losses, as well as in terms of the quality of criminal acts. The uncontrolled increase in criminal acts of corruption can result in disaster for national economic life and the life of the nation and state. The magnitude of state financial losses resulting from criminal acts of corruption is very disproportionate to the magnitude of returns to state financial losses resulting from corruption. It is hoped that the appropriate use of state confiscated goods can be implemented well by Ministries/Agencies and Regional Governments for the benefit of government administration. In addition to corporate punishment for perpetrators of criminal acts of corruption, the Corruption Eradication Commission also provides a deterrent effect by confiscating assets. Furthermore, the confiscated assets will be managed as best as possible through a storage mechanism.Purposes of the Research: The aim of this research is to examine law enforcement regarding asset recovery in IndonesiaMethods of the Research: This paper uses the statutory approach, conceptual approach and philosophical approach.Results of the Research: Talking about asset recovery itself is not clearly explained in Law Number 17 of 2003 concerning State Finances and Law Number 1 of 2004 concerning State Treasury or in Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. In this case, asset recovery is a solution in order to eradicate criminal acts of corruption to recover losses resulting from actions carried out by perpetrators of criminal acts of corruption. State losses caused by perpetrators created Law Number 3 of 1971 as well as new regulations, namely Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 stating a policy where state losses must be returned or replaced by the perpetrator or asset recovery. The essence of eradicating criminal acts of corruption can be divided into 3 (three) things, namely through preventive action, repressive and restorative action. Preventive measures are related to regulations to eradicate criminal acts of corruption with the hope that the public will not commit criminal acts of corruption. Restorative action, one of which is the return of assets of perpetrators of criminal acts of corruption in the form of criminal legal action and civil lawsuits. Management of confiscated goods has a strategic role in the context of asset recovery efforts for criminal acts. Management of confiscated goods has a strategic role in the context of asset recovery efforts for criminal acts. Management of confiscated goods is the end of the chain of criminal asset recovery processes. Optimizing the management of confiscated goods will influence the output of the stages of the asset recovery process that have been carried out. To achieve this goal, management of confiscated goods must be carried out by paying attention to both law enforcement aspects and asset management aspects. The law enforcement aspect is the core of the asset recovery process. This process is carried out by law enforcement officials as part of the legal process carried out in the context of handling a criminal case. As it develops, the handling of criminal cases is carried out not only to punish the perpetrators of criminal acts but also to restore as much as possible the losses caused by the criminal acts committed.

JINOYATCHILIKKA QARSHI KURASHISHNING BUYUK BRITANIYA MODELIGA XOS XUSUSIYATLAR

In the article, the author seeks to reveal the specific aspects of the fight against crime in the UK. In particular, it considers certain elements of the crime fighting system-doctrinal and criminological approaches on which criminal policy is based-features of legislation on combating crime, as well as notable aspects of law enforcement. It is known that the British model of fighting crime was formed under the influence of the Anglo-Saxon legal system and Anglo-American criminological schools. The basis of doctrinal and criminological approaches to crime are administrative-classical and sociological theories. In criminal policy, there is periodically a focus on the priority of criminal law measures (tightening) or on the priority of socially liberal measures (mitigation). Since there is no codified legislative system in the UK, the development of anti-crime policies is based on medium-term (3-5 years) strategic concepts. Despite the fact that crime in the UK is growing at a high rate, there is a loss of ability to maintain accurate crime statistics. At the same time, it turns out that this loophole in the detection of crimes is being overcome by the systematic introduction by the British police of the practice of studying latent crime. The British practice of crime prevention is notable for the fact that it includes situational and victimological measures involving a number of public organizations.

Гарантии получения заработной платы при несостоятельности работодателя: реализация и перспективы

The state of legal regulation of guarantees for receiving wages in case of insolvency of the employer is considered. The legislative and law enforcement aspects of its improvement are substantiated. Legislative initiatives to protect wages through the creation of insurance funds are being evaluated. Based on the analysis of judicial practice, ways are proposed to improve the system of privileges aimed at protecting the material claims of employees during the bankruptcy procedure.

일선 경찰관의 민주적 법집행의지에 대한 구조방정식 모형분석

Numerous studies have identified the impact of police self-legitimacy on support for democratic policing. In Korea, a study exploring legitimacy has been underway from the law enforcement's perspective since 2022. This study introduced the concept of police self-legitimacy, which employed a structural equation model analysis to evaluate whether a linear relationship could be predicted in a single model, with self-legitimacy as a mediator, between independent variables and dependent variables.
 Among the independent variables only the relationship with citizens significantly affected the support for democratic policing. The impact of organizational justice and the relationship with superiors, however, was not exist. Among the mediator, it was evident that only self-assesed legitimacy influenced the support for democratic policing, whereas the effect of external legitimacy was not exist. Additionally, the study found that self-assessed legitimacy mediated the influence of citizen relationships on the commitment to support democratic law enforcement. Theoretically, it was anticipated that external legitimacy would exhibit a stronger connection with citizens. So, further exploration should be needed to understand the outcomes via indirect effects mediated by self-assessed legitimacy. This study offers the opportunity to shift the focus towards the normative aspects of law enforcement. By contrasting other viewpoints of both citizens and police police legitimacy, police legitimacy can be comprehended more systematically.

Mandatory Audit of Business Entities in Bankruptcy Proceedings: Law Enforcement Aspects

The article presents the results of the analysis of the decisions of arbitration courts on disputes arising in connection with the application of Article 70 of the Federal Law “On Insolvency (Bankruptcy)” on the involvement of an auditor to conduct a mandatory audit of the debtor. As circumstances identified by the courts for the correct resolution of these disputes, the mandatory nature of the audit, as well as the content of the auditor’s activities and the documentation prepared by him, are considered. The approaches that have been formed in judicial practice regarding the ratio of the obligation to conduct financial analysis in bankruptcy proceedings and the obligation to engage an auditor are identified and disclosed. It is proposed to clarify paragraph 2 of Article 70 of the Federal Law “On Insolvency (Bankruptcy)” in terms of specifying the content of the duties of an interim manager and the auditor involved by him. It is concluded that it is necessary to supplement part 1 “Legal support of bankruptcy procedures” of the Unified training program for arbitration managers with a topic devoted to the legal regulation of audit activities.

Legal Studies Concerning the Implementation of Destruction of Confiscated Goods Proceeds of Narcotics Crime

The destruction of evidence in the form of narcotics is one of the efforts to prevent the eradication of narcotics abuse in Indonesia, including preventing the abuse of authority by officials who handle criminal cases and so on. One of the law enforcers who carry out efforts to combat narcotics crime is the Attorney General's Office. In carrying out the destruction of evidence obtained from narcotics crimes by the Prosecutor, the Prosecutor must comply with the procedures regulated by the laws and regulations in force in Indonesia as a legal basis for carrying out his roles and functions in order to achieve the goals and aspirations of eradicating narcotics and other addictive substances. The results of the study show that the prosecutor's authority as the executor in carrying out the destruction of confiscated goods resulting from narcotics crime is that the prosecutor has state power that is independent from the influence of government power and other powers. The destruction of confiscated goods to prevent the re-circulation of narcotics crimes in the community is to destroy the confiscated goods in the form of narcotics. Obstacles in the implementation of the destruction of confiscated narcotics crimes so as to provide the possibility of misappropriation of narcotic evidence are seen in aspects of law enforcement, if fulfilled then the law regarding narcotics crimes in the scope of implementing the destruction of narcotics confiscated goods will be considered to have been effective.