Law Enforcement Efforts Research Articles

Judicial Review By Public Prosecutors In Criminal Cases

Law enforcement efforts should begin to consider and make victims as parties who have an interest in the judicial process. Victims of criminal acts so far have not received enough attention in an effort to fight for justice. The things that are considered and considered include legal certainty, expediency and justice. Legal certainty is closely related to the guarantee of protection to the community against arbitrary actions aimed at public order, while expediency is to create the greatest benefit or happiness to the community, while justice is truth, impartiality, can be accounted for and treats every human being at the same time. equal position before the law (equality before the law). Likewise, the judicial review institution as part of an extraordinary effort in enforcing the law should also be based on these three objectives. On the other hand, the unaccommodated or unaccommodated interests of the victims in the legal provisions encourage interpretations that lead to the defence of interests and justice for the victims, even though in the end it is considered contrary to the law. On this basis, reforms or formal legal reforms summarized in the Criminal Procedure Code, especially in the discussion on review, should be carried out immediately. Of course, these reforms must make the Criminal Procedure Code better and able to accommodate various problems that have not been accommodated so far. This new formal legal provision can later annul conflicting legal provisions between PERMA, the Constitutional Court's Decision and so on. In addition, it is hoped that the new KUHAP will also be able to end the pros and cons and confusion regarding the submission of a judicial review that has so far occurred in a criminal justice process.

New Trends in the Domestic and Foreign Policies of Putin’s Russia in Early 21st Century (Part 1)

The accession to power of Vladimir Putin was a turning point in the history of Russia. At the beginning of the twentieth century, instead of Yeltsin's peculiar model of democracy, an authoritarian regime with Praetorian features was gradually established. During Vladimir Putin's first presidential term (2000-2004), his official speeches traditionally included pro-Western messages. However, in practice, the Kremlin leadership initiated processes that testified completely opposite trends in development of the state. At this time, thanks to legislative changes favorable for the ruling elite, a significant blow to political pluralism was dealt, and the importance of central authorities was essentially strengthened. These events in Russian distorted realities allowed Putin's team to have more control over federal units than authorities of the democratic unitary states have over parts of their state formations. At the same time, using law enforcement agencies pressure, the state leadership established control over the media. At the same time, in the economic sphere, contrary to Vladimir Putin's assertion that “Monopolies are dangerous things in general; especially state monopolies” there was a systematic renationalization due to the purposeful efforts of law enforcement, judicial, and fiscal structures. It was the most pronounced in the energy sector, where Kremlin-controlled Gazprom and Rosneft fundamentally strengthened their positions. Similar processes took place in the automotive, aviation, metallurgical and other industries. As part of the redistribution of property, there was also pressure on foreign business represented on the Russian market. Some of the world's leading energy corporations have been forced to sell some of their shares to Kremlin-affiliated entities. In other cases, foreign companies were revoked permits to operate in Russia under contrived pretexts. The second part will outline the activities of Vladimir Putin and his team, which aimed to strengthen the position of the Russian Federation at the global level, and to increase the influence of official Moscow on the countries of the so-called “Near Abroad”. An attempt will also be made to identify the reasons why, during the first few years of Vladimir Putin's presidency, the trends outlined above were accompanied by pro-Western rhetoric.

Credit policy and its heterogeneous effects on green innovations

We use the issuance of a new credit policy in China—the Green Credit Guideline (Guideline)—as a unique event and investigate its heterogenous effects on various green technology innovations for different firms in the world’s largest emerging economy. We find that all firms experience a significant increase in green technology innovations after the issuance of the Guideline. Companies with more considerable legitimacy deficiency in environmental compliance are more responsive to the Guideline. The larger increase in green technology innovations for companies with more legitimacy deficiency in environmental compliance is mainly driven by their higher productivity in applicational technology innovations after the Guideline was issued. All firms experience significant improvements in the effectiveness of investments, which is an important channel for increasing green technology innovations. Local legal system development and law enforcement efforts, firms’ political connections, and state ownership are essential mediating factors for green technology innovations, especially for firms with more legitimacy deficiency in environmental compliance. The Guideline positively affects both firm value and reputation, indicating that the new credit policy promotes impact investing.

Law Enforcement on Carok Actor’s Criminal Act

Carok is a tradition in Madurese people in the form of fight for a certain, extreme reason concerning individual’s self-esteem, followed with group fight with the use of weapons, and carok implementation may cause death. In the context of formal law, carok is the manifestation of the actors’ bravery in violating the rules designated in the Criminal Code, thus they must undergo years of criminal imprisonment as actors of serious criminal act. On this basis, this research explored factors causing carok actor’s criminal act and the constraints the police faced in the law enforcement effort on carok actor’s criminal act. The normative law or literature research approach method employed in this research emphasized on criminal law literatures, prevailing laws and regulations, court decisions, legal theories, scholars’ opinions and interviews. This research took descriptive analysis form based on the approach of carok case that caused death in Decision Number 182/Pid.B/2013/PN.Bkl. From the perspective of criminal law, Carok indicates a crime that may be qualified as criminal acts of physical abuse and murder since it contains a certain period or tempo from the start to the implementation of problem, in which the actors have calmly considered any possibilities and consequences of their actions. In general, the reasons of carok actor’s criminal acts are individual or group’s self-esteem abuse, vengeance, inheritance distribution conflict, etc. The author expected that appropriate law enforcement will minimize Carok occurrences, such as through making of special regulation for carok actors and imposition of serious criminal sanction (imprisonment) on carok actors and improved education, especially primary education.

Indonesia’s Efforts in Law Enforcement for Transgressors of Indonesia - Malaysia Borders in Nunukan Regency

The government of Indonesia's efforts to reduce violations and enforce public law in Nunukan Regency, which is the border area or border between Indonesia and Malaysia, continue to be improved and maximized. Problems related to the situation and conditions in border areas include illegal cross-border activities and limited infrastructure. The writing method used is qualitative by expanding and sharpening the analysis combined with the experience (empirical) of the author who has served as a Legal Officer in the 614th Infantry Battalion/Raja Panditiha Task Force to guard Indonesia's land border with Malaysia in Nunukan Regency by discussing in detail related to border problems or social phenomena that exist and occur at the border. In its implementation in law enforcement efforts by the government at the border against border violators many are influenced by several factors including law enforcement, regulations that are not widely understood by the community, culture and local wisdom, as well as infrastructure and facilities for law enforcement itself. The central government needs to rebuild policies through a constructivist approach to be more progressive and focused in taking concrete actions to overcome and resolve the problem of lawlessness on the border in the Borneo Island.

The scale of Nigeria's involvement in the trans-national illegal pangolin trade: Temporal and spatial patterns and the effectiveness of wildlife trade regulations

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) prohibits commercial trans-national trade in pangolin specimens. However, African pangolins are continually trafficked to Asia for traditional medicine, with Nigeria considered a key hub. Using reported Nigeria-linked pangolin seizure data and interviews with Nigerian law enforcement officials, we a) characterised Nigeria's involvement in global pangolin trafficking January 2010–September 2021, particularly observing trafficking trends after pangolin's CITES Appendix I listing; b) estimated the minimum number of pangolins whose scales are in Nigeria-linked seizures January 2010–September 2021, and; c) assessed ongoing efforts within Nigeria to curb pangolin trafficking. Nigeria-linked seizures involved 190,407 kg of pangolin derivatives (99.9% scales) from a minimum of 799,343 pangolins (95% confidence interval; 625,944-996,353) of four species (see caveats in Methods). All shipments confiscated in transit were destined for Asia, with a rapid increase in the mass of maritime shipments over time. Furthermore, stockpiling of pangolin derivatives for overseas shipment is perhaps a prominent trafficking model in Nigeria. Nigeria's law enforcement efforts improved from 2017, the same year Nigeria apparently began playing a hub role. The impact of pangolin's CITES Appendix I listing on pangolin trafficking was unclear, as the marked rise in seizures from 2017 when the listing became effective, coincided with improvements in Nigerian law enforcement efforts. COVID-19–induced travel restrictions likely reduced trafficking activities in 2020 but activities may have fully resumed in 2021. This study provides new information to inform effective enforcement and policy formulation efforts to protect African pangolins.

Telaah Yuridis terhadap Pengaturan Restorative Justice di Kepolisian

Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach

How did the COVID-19 pandemic affect road crashes and crash outcomes in Alabama?

With the rising number of cases and deaths from the COVID-19 pandemic, nations and local governments, including many across the U.S., imposed travel restrictions on their citizens. This travel restriction order led to a significant reduction in traffic volumes and a generally lower exposure to crashes. However, recent preliminary statistics in the US suggest an increase in fatal crashes over the period of lockdown in comparison to the same period in previous years. This study sought to investigate how the pandemic affected road crashes and crash outcomes in Alabama. Daily vehicle miles traveled and crashes were obtained and explored. To understand the factors associated with crash outcomes, four crash-severity models were developed: (1) Single-vehicle (SV) crashes prior to lockdown order (Normal times SV); (2) multi-vehicle (MV) crashes prior to lockdown order (Normal times MV); (3) Single-vehicle crashes after lockdown order (COVID times SV); and (4) Multi-vehicle crashes after lockdown order (COVID times MV). The models were developed using the first 28 weeks of crashes recorded in 2020. The findings of the study reveal that although traffic volumes and vehicle miles traveled had significantly dropped during the lockdown, there was an increase in the total number of crashes and major injury crashes compared to the period prior to the lockdown order, with speeding, DUI, and weekends accounting for a significant proportion of these crashes. These observations provide useful lessons for road safety improvements during extreme events that may require statewide lockdown, as has been done with the COVID-19 pandemic. Traffic management around shopping areas and other areas that may experience increased traffic volumes provide opportunities for road safety stakeholders to reduce the occurrence of crashes in the weeks leading to an announcement of any future statewide or local lockdowns. Additionally, increased law enforcement efforts can help to reduce risky driving activities as traffic volumes decrease.

Thirteen Cases of Valeryl Fentanyl in Michigan: A Call for Expanding Opioid Testing.

In this report, we describe 13 cases of drug overdose in Michigan in which valeryl fentanyl was found in postmortem blood. Valeryl fentanyl is a schedule I opioid that is rarely found in drug overdoses in the United States. Although little data exist on the mortality and morbidity associated with valeryl fentanyl, its molecular structure indicates that it would be less potent than fentanyl.When analyzing blood samples for valeryl fentanyl, samples from peripheral sites were sometimes negative for quantitative levels; however, samples from central sites in the same decedent were positive. This could indicate unique pharmacokinetics for valeryl fentanyl, which could have implications for other fentanyl analogs. Given the paucity of pharmacodynamic information, the prohibition of its use, the potential to buttress law enforcement efforts in monitoring drug trafficking trends, and to determine the efficacy of current regulations, laboratories should test for valeryl fentanyl. When testing for valeryl fentanyl, and likely other fentanyl analogs, the site of sample collection is important: central sources of blood are preferred to peripheral sources.

Carrying capacity and environmental capacity of water resources analysis in Maluku Province of Indonesia

Carrying capacity and environmental capacity of water resources is the ability of the water to support human life, other living creatures, and the balance between the two as well as the ability of the environment to absorb substances, energy and other components that enter or are incorporated into it. The purpose of this research is to analyze the level of carrying capacity and environmental capacity of water resources in several regencies in Maluku Province, Indonesia. The results showed that some water resources were already in a low environmenttal capacity due to limited availability, especially deep groundwater in Wamar Island, Aru Archipelago Regency and the environmental capacity of water resources had exceeded the quality standards set in Indonesia, especially fresh water in Southeast Maluku Regency and Ambon City. Meanwhile, the environmental capacity of fresh water that has exceeded the quality standard is due to the presence of e-colly bacteria. This condition shows the importance of water conservation through regulating human behavior that is not environmentally friendly, building rainwater control and runoff control infrastructure as well as law enforcement efforts related to watershed maintenance and the behavior of communities around water resources.

Crime Combating Policy of Carding in Indonesia in the Political Perspective of Criminal Law

The development and progress of science and technology lead to the emergence of cybercrime. One form of cybercrime is carding. Carding is a crime of using or stealing other people's credit cards through cyberspace. This paper discusses the process of criminal law enforcement against carding crimes based on current positive law and future carding crime prevention policies in terms of the political perspective of criminal law. The method used was a normative juridical research method. The discussion shows that criminal law enforcement efforts against carding crimes have been regulated through the Law on Information and Electronic Transactions, but these arrangements cannot overcome carding crimes in Indonesia, so there is a need for a formulation policy that specifically regulates carding crimes. The policy of dealing with carding crime in the future is reviewed from the perspective of criminal law politics, namely through penal and non-penal efforts. Efforts should be made to socialize cyber law for the people of Indonesia that can support the use of credit cards as a means of payment in online transactions in a responsible manner and have a strong legal basis.

Legal and Ethical Challenges in the Construction of China's Biobanks

China has no special legislation on biobanks, and it regulates these banks by several different laws and regulations. In the past 15 years, China's biobanks have collected a large number of biological samples. The law gives many institutions the right to store and use biological samples; however, due to the absence of government regulation, lack of ethical norms, and unclear legal provisions, the risks related to biosafety are rising. In terms of informed consent, China's current legislation clearly defines the scope and standard of “informed consent,” but the corresponding boundaries are still vague, and there are loopholes in practical operation. In terms of privacy and confidentiality, Chinese laws do not specify the ownership of genetic information. In the event of genetic risk, Chinese doctors often tell the family members of patients about genetic information. In terms of cross-border supervision of biological samples, the Chinese government not only regulates the entry of biological samples, but also controls the exit of biological samples. In recent years, the corresponding law enforcement and punishment efforts have increased. In terms of trust, China's biobanks often rely on hospitals. Against the background of tense doctor-patient relationships, biological sample donors do not trust hospitals, which is unfortunate because biological sample donors often donate out of their trust in doctors. In terms of benefit sharing, China's legal system still lacks clear provisions, and there are disputes about the mode and subject of benefit sharing. In China's future legislative revision(s), the above aspects should be improved, the ethical traditions of China's “patriarchal system” should be considered, and a biobanking system in line with China's national conditions should be formulated.

Legal Review of the Phenomenon of Communities Occupying Land That AlreadyHave Certificate of Property Rights (Case Study of South Ternate City District)

The research aims to find out what phenomena affect the community occupying land that already has a Certificate of Ownership without going through a process of legal rights under the law and how the settlement process for land objects occupied by the community already has a Certificate of Ownership. The results of this research indicate that legal awareness, law-conscious culture, and law-abiding in social life, various people's perspectives on the land they occupy. After the certificate issuance is not accompanied by socialization by SHM holders, publications. Law enforcement efforts do not exist with the Ternate City Government and the Ternate City Land Agency, because it exists in other institutions. Persuasive approach, deliberation, mediation as a solution to the dispute resolution over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, interpretation of the evidence of ownership of the parties to the dispute failed amicably, the final solution to the dispute over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, through judicial efforts to obtain legal certainty for SHM owners, and people who occupy certified land.

The Effectiveness Of Death Execution On Narcotics Crime As Law Enforcement

This study aims to review the Narcotics Law that applies in Indonesia, especially Act No. 35 of 2009 concerning Narcotics. In addition, this research is also expected to find out the obstacles and solutions in law enforcement efforts against narcotics criminals. The research approach method that will be used in the research is the juridical-sociological method. From the results of this study, it is concluded that theoretically the applicable narcotics law has been very effective in investigating narcotics criminals, and in practice the law is also very helpful in completing investigations against narcotics criminals in Indonesia and the execution of the death penalty is one of the hard law enforcement efforts to emphasize that narcotics abuse is a very dangerous thing. However, the problem of narcotics abuse is not only a national problem, it has become an international problem that cannot be solved only with existing regulations, professionals from law enforcement officials are also very much needed in cracking down on narcotics abuse, and the role of public awareness is also important, in order to stay away from narcotics abuse.

Challenges and countermeasures for international ship waste management: IMO, China, United States, and EU

Shipping has become an essential mode of cargo transportation in the world and the number of global ships is also on the rise, along with the increasing marine environment pollution caused by ship waste. Various countries and regions have attached increasing importance to the pollution caused by ship waste in recent years. How to address ship waste management from international shipping has been brought to the official agenda of the international community. This article starts with the ship waste management framework in the international maritime sector and compares and analyzes the regulatory challenges of ship waste management faced by the International Maritime Organization (IMO) and typical countries and regions such as China, the United States, and the European Union, by analyzing the issues in their international maritime ship waste management regulations, including inconsistent and unclear standards, inadequate law enforcement efforts, and blind spots in high seas supervision. Targeting these challenges, this article proposes measures and directions for future supervision and stresses the necessity to unify ship waste discharge standards, improve port facilities, clarify standards, strengthen supervision and law enforcement, and establish a global monitoring system. This article lists the challenges of international maritime ship waste management and proposes practical countermeasures, which will help the international community better supervise ship waste discharge and reduce marine environment pollution.

Transforming a Liability into an Asset: A System Dynamics Model for Free-Ranging Dog Population Management

Using Indian free-ranging dogs (FRD) as a case study, we propose a novel intervention of social integration alongside previously proposed methods for dealing with FRD populations. Our study subsumes population dynamics, funding avenues, and innovative strategies to maintain FRD welfare and provide societal benefits. We develop a comprehensive system dynamics model, featuring identifiable parameters customizable for any management context and imperative for successfully planning a widescale FRD population intervention. We examine policy resistance and simulate conventional interventions alongside the proposed social integration effort to compare monetary and social rewards, as well as costs and unintended consequences. For challenging socioeconomic ecological contexts, policy resistance is best overcome by shifting priority strategically between social integration and conventional techniques. The results suggest that social integration can financially support a long-term FRD intervention, while transforming a “pest” population into a resource for animal-assisted health interventions, law enforcement, and conservation efforts.

Seizures of New Psychoactive Substances on the Italian territory during the COVID-19 pandemic

In recent years, the availability and the consequent consumption of New Psychoactive Substances (NPS) have proliferated at an unprecedented rate, posing a significant risk to the public health and challenging the law enforcement efforts to tackle the black market. In particular, large availability on Internet and unmonitored shipping have facilitated the diffusion of NPS on national territories. In this scenario, the forensic activity based on the process of drug detection, including investigation, seizure, recognition and analytical identification is crucial to get insights into the drug black market transformation. In this study, we describe the results obtained from the analysis of hundreds of packages seized during the months of year 2020, and suspected to contain NPS because not reacting with standard field test kits. We focused on the analysis by GC-MS and HPLC-HRMS, and NPS in particular, trying to underline the most common molecules present on the Italian territory during the COVID-19 pandemic. NPS were identified in 92.6% of the samples. The most prevalent compounds were synthetic cathinones, and 3-MMC in particular, which alone accounted for 18.6% of the total cases. Other prevalent molecules were 5F-MDMB-PICA, 2-FDCK, 1cp-LSD and 1P-LSD. Fentanyl was never detected. The information obtained from drug seizures is crucial to publish national alerts, which are in turn important to assist the legislative effort to ban new compounds and the update of toxicological and analytical methods.

Restrictive deterrence and the scope of hackers’ reoffending: Findings from two randomized field trials

Extensive criminological research has investigated the effectiveness of law enforcement efforts to prevent offenders' reoffending and effect changes in criminal behavior patterns. However, no research has quantified the influence of gossip regarding law enforcement operations and its effect on repeat offending. Moreover, only scant research has studied these relationships in the cyber-environment. The current work addresses this gap by studying the effect of online messages sent to active hackers that describe law enforcement efforts against website defacement activity. In two field experiments, we randomly assigned self-identified hackers with active Facebook accounts into control and treatment groups. We then sent subjects in the treatment group a gossip message (via Facebook) alerting them to law enforcement efforts in cyberspace. Following the intervention, we compared the control and treatment groups in terms of changes in the proportion of reoffending, number of website defacements, and severity of website defacements. Findings reveal that when the gossip was sent to a hacker's private inbox, it prompted a reduction in the proportion of hackers who reoffend, the frequency at which they reoffend, and the severity of attacks they generate. However, posting similar gossip on the hacker's Facebook wall was ineffective in restricting malicious hacking activity. Theoretical implications and practical recommendations for law enforcement operations in cyberspace are discussed.

London and the Spectre of Anarchy: Chesterton’s The Man Who Was Thursday as Urban History

Summary This article discusses how the criminal threat of anarchist attack was treated in G.K. Chesterton’s novel, The Man Who Was Thursday. The novel captures a particular moment of public concern about terrorism and serves as an object of cultural history in its depiction of London as a den of crime. The plot focuses on an undercover policeman who infiltrates a terror cell. The kind of terrorism depicted was a real threat, yet Chesterton parodied both the aspirations of anarchists, and the anti-terror efforts of law enforcement. This article considers the historical background of anarchism and how the history of the city is part of the novel’s framework.

Perlindungan Hukum Atas Hak Kekayaan Intelektual Karya Seni Musik Gamelan Bali

Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.