Enforcement Officers Research Articles

Contemplating the Morality of Law Enforcement in Indonesia

Objective: This paper aims to elaborate on the morality of law enforcement in Indonesia today and how to reflect on law enforcement in Indonesia in the future. This paper uses a normative type of writing using a statutory, case, and comparative approach. Method: This paper is then analyzed using the Prescriptive analysis technique. Result: This paper shows that the morality of law enforcement in Indonesia today can be seen from several things: inconsistent law enforcement, corruption among law enforcement officials, law enforcement by violating the law, and selective law enforcement. The reflection of law enforcement in Indonesia in the future based on morality must be based on strengthening several aspects: strengthening integrity and ethics in law enforcement, transparency and accountability in the law enforcement process, revamping the legal system and institutions, and increasing legal awareness. Conclusion: The authors of this research want to learn more about and reflect on the moral dimensions of Indonesia's police force. This research aims to provide light on how morality influences the behavior of law enforcement officials by researching law enforcement methods, ethics, and justice. The study's findings should serve as a springboard for implementing more just rules and procedures in Indonesia's law enforcement.

National Survey of Victimization: Another Trend-Crime Mapping Tools

The concept of the "dark figure" refers to the discrepancy between the actual occurrence of criminal activities and the quantity of reported incidents received by the criminal justice system, particularly law enforcement agencies. The term "dark figure of crime" pertains to unreported criminal incidents that are not captured inside the criminal justice system. Inclusion of these unreported crimes in official crime statistics would result in a significant amplification of the overall crime figures. To address the disparity between police records, namely police crime statistics, and the actual occurrence of crimes, many regions have initiated efforts to incorporate victims as the focal point of their investigations. In Indonesia, surveys of victims are generally carried out by private groups, and relate to certain types of crimes. The hesitancy exhibited by victims in reporting their experiences might provide challenges for law enforcement officials in their efforts to uphold societal stability. Victim surveys can extend beyond individuals who have directly experienced crime, encompassing tertiary victims (i.e., indirect victims) who harbour concerns about potential victimisation. Victim surveys can also be utilised to examine victims' perspectives within the complex framework of the criminal justice system, particularly in cases involving many victimisation incidents. Keywords: crime, survey, victims

Victimology Analysis of Umrah Travel Agency Fraud Cases in Indonesia

The exploitation of public interest in Umrah by certain individuals or entities for fraudulent purposes is a prevalent phenomenon. Typically, the prevailing method employed in fraudulent activities is the offer of reduced fees. During the period from 2011 to 2018, Indonesia had multiple instances of fraudulent activities or criminal acts related to Umrah trip. The predominant modus operandi of Umrah fraud typically revolves around the provision of low-cost Umrah packages. The discovery of fraudulent activities disguised as Umrah operations was initiated by the Financial Services Authority (OJK) upon detecting strange and atypical transactions conducted by the company. The Umrah travel agency employs a Ponzi scheme as a means of conducting its business operations, wherein monies obtained from subsequent victims are utilised to finance the travel expenses of prior victims, hence ensuring the coverage of all associated costs. This paper employs a descriptive qualitative methodology. The data gathering process in this study involved conducting a comprehensive review of relevant literature, including reports, documents, prior research, books, scientific works, national and international journals, and other scholarly sources. The perceived effectiveness of state measures addressing crime victims is diminished due to a lack of coherence and support among existing rules. It is imperative to give precedence to the ideas of restorative justice, particularly in relation to individuals who have been victimised by fraudulent activities. The victim's experience of recurrent victimisation, including fraud and the cancellation of their Umrah trip, resulted in psychological pressure. This pressure was exacerbated by the fact that the victim had already undertaken rituals and expressions of gratitude in preparation for the Umrah journey. It is anticipated that there will be a harmonisation of regulations and supervisory functions between the Indonesian Ministry of Religion and the OJK, along with a shared understanding among law enforcement officials and experts. This alignment is crucial to ensure that these entities prioritise the welfare of victims in the execution of their responsibilities. Keywords: fraud, umrah, victims

The Role of The Prosecutor’s Office in Asset Seizure

The seizure of assets resulting from criminal acts will be easier for law enforcement officials to carry out if the Draft Law on Asset Forfeiture is passed. Assets that are seized are not only related to corruption crimes but also general crimes that carry a prison sentence of 4 years or more. The amount of assets seized is also at least IDR 100 million. This paper will explore the urgency of the Asset Forfeiture Bill in terms of the politics of legislation and then be limited to discussions on the direction of law enforcement that is considered responsive, especially regarding institutions that have authority in implementing the law. This paper is a type of doctrinal research that the data collection technique used is a literature technique, while the analysis in this study is after all legal materials are collected both from primary legal materials and secondary legal materials then clarified. Without strong watchdog institutions, impunity becomes the very foundation upon which systems of corruption are built. And if impunity is not demolished, all efforts to bring an end to corruption are in vain. Integrity, transparency, and the fight against corruption have to be part of the culture.

Occurrence City, Bangladesh of Street Crimes in Dhaka

This research looks on the complex relationship between spatial planning aspects and the prevalence of street-level criminal activity in Dhaka. The study investigates the relationship between the built environment and street crime by conducting a thorough examination of elements such as street layout, illumination, land use, and population density. This study gives a nuanced viewpoint by employing a mixed-methods approach that includes a survey of 400 inhabitants and a series of in-depth interviews with urban planners, architects, and law enforcement officials. The data show a strong link between spatial planning components and the occurrence of street crime in Dhaka. Poorly planned thoroughfares and inadequate illumination, in particular, emerge as key causes to these incidents. This study proposes a proactive agenda for urban designers and policymakers as a key takeaway: the importance of properly built urban places with appropriate illumination. The report believes that by doing so, Dhaka City may make considerable advances in reducing street-level criminal activity.

REJECTION OF THE POLICY FOR THE RELOCATION OF STREET VENDORS (PKL) IN PADANG PANJANG CITY CENTER MARKET

This study aims to determine the factors causing the rejection and the form of rejection of the street vendor relocation policy at the Padang Panjang City Central Market. The method used to obtain research results is a descriptive qualitative method. Data collection techniques in this study used in-depth interviews, observation, and documentation. Informants in this study amounted to 9 people with 1 key informant Head of Market Management and 8 street vendors in Pasar Baru Ring Road selected using a purposive sampling technique. The theory used in this study is Ralf Dahrendorf's conflict theory which suggests that there are two groups of interests in conflict, including groups that have authority and groups that must submit to authority. The results of this study indicate that there are two factors causing the refusal of the relocation policy, internal factors and external factors. The internal factors causing the rejection of the relocation policy, are the location of the business that has been occupied for a long time, higher income levels, and lower rents. External factors causing the rejection of the relocation policy, namely the arrangement of trading places that have not been well organized, and inconsistent law enforcement officials in relocating street vendors. The form of rejection of the street vendor relocation policy is in the form of continuing to sell in places that have been banned and protesting.

THE IMPLEMENTATION OF THE CANING LAW IN ACEH FOLLOWING THE ENACTMENT OF THE ACEH QANUN NUMBER 6 OF 2014 CONCERNING THE JINAYAT LAW: IS IT MORE EFFECTIVE?

The birth of the caning law in Aceh certainly aims to regulate the life order of the people in Aceh both in terms of behaviour and social aspects so that it is achieved well and is safe and prosperous based on Islamic teachings and norms. This article will briefly describe the effectiveness of applying the caning law in Aceh after enacting the Aceh Qanun Number 6 of 2014 concerning Jinayat Law. This research is qualitative with an anthropological approach using ethnographic methods with data collection techniques using three kinds of methods: in-depth interviews, observation, and documentation. In contrast, data analysis uses four stages: data reduction, data organization, data verification, and conclusion. The research results show that the implementation of caning has not been able to reduce violations of Islamic law, especially in several regions. This is proven by increased cases recorded at the Aceh Sharia Court. The current ineffectiveness of caning is also influenced by the financial aspect, namely the very large budget for the caning procession activities, which is borne by the District/City Regional Governments in Aceh through the District/City Revenue Expenditure Budget (APBK) with a nominal value of one caning procession being quite large. So that it is necessary to redesign the implementation of caning in Aceh practically and economically by referring to the opinion of the Shafi'i school of fiqh, which states that the execution of caning punishment is sufficient to be witnessed by four believers, the procession of caning punishment can be carried out in a simple place, and it is enough to be witnessed by law enforcement officials to minimize budget spending so that it is more effective and efficient.

The progress of Indonesian law enforcement reform after 25 years of the reform movement

This study aims to examine the development of law enforcement reform in Indonesia, which has become very relevant after the economic crisis in Asia in 1997, which led to political turmoil and legal reform in Indonesia. This research is normative legal research, with primary data sourced from decisions of the Supreme Court and courts under the Supreme Court, regulations from the Attorney General’s Office and the National Police Chief, and decisions on case settlements by law enforcement officials; Secondary data obtained from books, journals, and the Internet. The study found that investigators and public prosecutors often settle cases out of court in criminal law enforcement with a restorative justice approach through peace and reconciliation. Judges sometimes act in violation of the rules of procedural law to achieve substantive justice. In enforcing civil law, courts only intervene when the parties involved fail to settle their disputes outside of court. This finding also indicates a high degree of acceptability of court decisions. In conclusion, law enforcement agencies and officials in Indonesia have made significant progress in implementing progressive law, as evidenced by the settlement of cases through mediation using a restorative justice approach.

Handheld UV spectrophotometer device for detection of methamphetamine hydrochloride based on supramolecular sensing platform

The realization of drug detection in drug-using crime sites can provide law enforcement officials with direct evidence. This research has developed and demonstrated an easy-to-use handheld sensor that can quickly detect methamphetamine (MA) in the field. The core of the handheld UV spectrophotometer device (HUVSD) is the STM32F103 series of single-chip micro-controller, which has a 32-bit microcontroller and two embedded 12-bit high-precision analog-to-digital converter (ADC) modules. Through Bluetooth-wireless transmission protocol, the spectral information can be displayed in the cell phone's app, and it is possible to visually determine whether the test sample contains methamphetamine hydrochloride substances based on the characteristic peak at 410 nm. The readily available and inexpensive inducible compound 3A and the phosphate pillar[5]arene@silver nanoparticle (PP5@AgNPs) colloidal solution were used as the reactants. The PP5@AgNPs colloidal solution and 3A were mixed and reacted at room temperature, and the color changed to gray-black. The color change was caused by the aggregation of AgNPs induced by the molecular recognition between the induction compound 3A and PP5 on the AgNPs surface. After continuing to add the drug MA, the color of the colloidal solution turned yellow again. This is due to the occurrence of competitive molecular recognition, and the interaction between PP5 and 3A/MA was investigated by molecular docking simulations. The HUVSD has high sensitivity, simple equipment, time-saving, color change visualization and suitable for on-site deployment. It only needs a Pasteur pipette, which has great potential to realize rapid on-site detection.

Organized crime involvement in antiquities looting in Italy

AbstractTombaroli (the Italian name for looters of archaeological heritage) have criminally preyed on Italy’s ancient tombs for centuries. Criminological research on archaeological looting in Italy, however, is scarce. This research focused on the nature of the relationship between tombaroli and organized crime groups in Italy: a misrepresented relationship, as some media outlets depict looters as involved with organized crime. This research project drew on a multidisciplinary body of literature on Italian archaeological looting and interviews with looters, law enforcement officials, archeologists, prosecutors, and journalists, among others. It demonstrated that Italian archaeological looting is not a problem of organized crime. The study concluded that, presently, the relationship between looters and traditional Italian criminal organizations is anecdotal at best, nor currently looters could be considered organized criminals but rather criminals that need a certain level of organization to operate.

Reclaiming the delinquent child: a proposed framework for a customary lawbased child justice system in Africa using Zambia as a case study

One consequence of Africa’s colonial history appears to be the subjugation of African customs and rites in favour of western values in the legal systems of several African countries. An example of this subjugation is the ‘repugnancy clauses’ that still populate the statute books of several African nations. The effect of the ‘repugnancy clauses’ has been multiplied bytheir suppression of African customs relating to the rearing of children alleged or adjudged to have committed a crime. The article draws upon limited research conducted in 2020 and 2021 in five districts of Zambia on children in conflict with the law as part of a limited study conducted by the author in the preparation of Zambia’s juvenile justice strategy (2021-25).The study collected quantitative data on the rates of children prosecuted in Zambia’s courts for the years 2012-17 and 2019-2020 and determined the rates at which these cases were diverted to customary institutions. It also collected qualitative data in the form of interviews with seven adjudicators, five law enforcement officials and one Chief to make sense of the quantitative data. The research found that although dealing with alleged child delinquents under customary law is a requirement under Zambia’s Juveniles Act, neither law enforcement officials nor magistrates referred cases tocustomary institutions. This article seeks to propose a framework for a balanced incorporation of customary law and its institutions in Zambia’s juvenile justice system. Such framework, the article argues, comports not only with the spirit of the Charter for African Cultural Renaissance, but also the African Charter on the Rights and Welfare of the Child, the UnitedNations Convention on the Rights of the Child, and the Committee on the Rights of the Child’s General Comment 24.

Inter Institutional Coordination Model in Handling Crime of Corruption in Teluk Bintuni Regency

This study aims to determine the model of inter-institutional coordination in handling criminal acts of corruption (TIPIKOR), identify efforts to strengthen coordination between law enforcement institutions in handling corruption crimes, and identify inhibiting factors in the investigation of corruption cases. The study adopts a qualitative research approach using analytical descriptive analysis. The results of the study show that the coordination model between institutions is carried out in two directions: between the Government Internal Supervisory Apparatus (APIP) of the Ministry of Home Affairs of the Republic of Indonesia and the Law Enforcement Officials (APH), including the Police, Prosecutors Office, Courts, and Correctional Institutions. These entities are interrelated in the settlement of Corruption Crimes in Teluk Bintuni Regency, West Papua.
 Keywords: model, coordination, corruption crime

Законодательная регламентация общественно опасных последствий преступлений в сфере экономики в советском уголовном законодательстве

In the presented article, using the historical and legal method, the legislative regulation of socially dangerous consequences of crimes in the sphere of economy in the Soviet criminal legislation is considered, the peculiarities of their construction in individual criminal legal acts are revealed. In particular, attention is drawn to the fact that in the uncodified criminal legislation of 1917–1922. the compositions of economic crimes contain practically no indications of the onset of socially dangerous consequences, however, since the Criminal Code of the RSFSR of 1922, they begin to be used in constructions providing for the protection of economic relations, subsequently, in the Criminal Code of the RSFSR of 1926 and 1960, socially dangerous consequences become an important criterion for the differentiation of criminal responsibility and are widely distributed in the regulation of the corresponding compositions of crimes. At the same time, the Criminal Law of 1960 did not disclose the content of certain consequences, granting these powers to law enforcement officials and courts, which negatively affected the uniformity and accuracy of the application of criminal legislation.

UPAYA DIVERSI TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA DALAM PERSPEKTIF KEADILAN RESTORATIF

The condition of handling children who commit crimes is very apprehensive. Many children facing criminal cases must be detained in a place that is disproportionate to the capacity of the existing Children's Penitentiary (Lapas). Often law enforcement officials make peace so that cases are not forwarded to the legal process. But peace like this is not the expected diversion mechanism, because peace here does not pay attention to the best interests of the child. This is understandable, considering that in carrying out diversion as desired, law enforcement officials do not yet have a legal umbrella, besides that there are no implementation guidelines or technical instructions. for law enforcement officials to implement ways of solving diversion for children who are facing criminal cases. This type of legal research is normative legal research. The nature of the research in this study is analytical descriptive in nature. The type of data used in this research is library research. By using the concept of restorative justice, the expected result is a reduction in the number of children who are arrested, detained and sentenced to prison; eliminating the stigma/stamp and returning children to normal human beings so that it is hoped that they will be useful in the future, juvenile offenders can realize their mistakes, so they do not repeat their actions reducing the workload of the police, prosecutors, detention centers, courts and prisons; saving state finances, not causing a feeling of revenge because the perpetrator has been forgiven by the victim, quickly getting compensation; empowering parents and the community in overcoming child delinquency and reintegrating children into society. Especially Indonesia, which has made Law no. 11 of 2012 concerning the Juvenile Criminal Justice System which has regulated the concept of diversion and restorative justice

Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience

This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.

Legal Readiness on Timor-Leste to face Transnational Crime in the ASEAN Economic Community (AEC)

ABSTRACTThe existence of the ASEAN community and the global community, which has played an active role in the development of unstoppable, has brought various influences, both positive and negative. The people of Timor-Leste will certainly not be spared and will experience the impact of globalization. Therefore there are 2 important points that must be prepared by the government and parliament. First, the government must take anticipatory steps against transnational crimes in the era of the ASEAN Economic Community (AEC). Second, the Government and parliament must prepare adequate legal products to anticipate transnational crimes that will arise, and also carry out international cooperation to harmonization the law with ASEAN member States. In this study using a normative type of research reciting laws regarding transnational crimes. With the problems that have been explained from the beginning, it is concluded as follows: The responsibility of the government to increase the capacity of law enforcement officials, especially the police, to conduct continuous training to become professionals to combat and anticipate transnational crimes that will arise. Provide supporting facilities for police officers in carrying out their duties. conduct international cooperation among ASEAN member states to strengthen the rules of international law to combat transnational crime.
 ASEAN AEC Keywords Transnational Crime Timor-Leste

Kajian Tentang Hukum Kehutanan Terhadap Daerah Otonom Baru (DOB) Di Indonesia

By laying a foundation in the forestry environment as a basis for running a regional government system, it will encourage the ability to reduce aspects of forest destruction in the region. The deterioration of existing forest conditions cannot be separated from the existence of a development and licensing system that has not prioritized forestry aspects as aspects that need to be prioritized. The effectiveness of law regarding human environmental issues cannot be separated from the state of the administrative apparatus and law enforcement officials as the infrastructure for effective implementation of the law in the realities of environmental life.

Perspectives of sustainable development vs. law enforcement on damage, pollution and environmental conservation management in Indonesia

Abstract This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary, and tertiary legal materials. Specifications of research are analytically descriptive. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environmental issues. In addition, the concept of sustainable development must be implemented in the legal system for environmental management. In the future, it is necessary to develop coordination between law enforcement officials who are assembled.

Law Enforcement of Alcoholic Beverage Circulation in Cirebon Regency: A Study of Perda No.4/2021 Amendments to Perda No.7/2015 concerning Public Order

Social problems that occur in the community can disrupt existing order and security. Of the many problems faced by this country, one of them that is of particular concern to the government is the problem of liquor, which is still widely found and consumed by the public. In this Regional Regulation, the subjects are people and business entities that circulate alcoholic beverages. This study aims to determine law enforcement efforts and obstacles faced by law enforcement officials in the circulation of alcoholic beverages. This study aims to determine how law enforcement officials face law enforcement efforts and obstacles to the circulation of alcoholic beverages based on Cirebon Regency Perda Number 4/2021 Amendments to Perda Number 7/2015 concerning public order. The method used in this study is qualitative; from the study results, it can be concluded that law enforcement of the circulation of alcoholic beverages based on Perda Number 4/2021 Amendments to Regional Regulation Number 7/2015 concerning Public Order has not been maximized. This is evidenced by the large number of alcoholic beverage business actors who do not have business licenses and do not know that Cirebon Regency has a policy regarding public order.

Ratiodecidendi of Judge in Imposing Warning Punishment Against Children in Conflict with the Law from the Perspective of Child Protection

Background. Cases of violence against children still occur frequently in Indonesia. The weak social control of society and the many cases of abuse show that law enforcement in Indonesia is not yet optimal. Purpose. Child Protection has been regulated in Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. And regulations regarding the Juvenile Justice System are regulated in Law Number 11 of 2012 concerning the Juvenile Justice System, but these regulations are not sufficient to guarantee the cessation of cases of maltreatment against children. Method. The author uses normative juridical research methods. In this case, the Ratio Decidendi of the Judge does not really see from various points of view, it can be seen from the consideration that in the end the Judge imposed a warning sentence on the Child Convict, and the decision did not explain and pay attention to the rights of child victims. Results. Because in reality there are still many cases of violence and sexual abuse against children. Case No. 3 Pid.Sus-Anak/2023/PN Mll was a case of maltreatment in which the public prosecutor charged the defendant with Article 170 paragraph (2) to 1 of the Criminal Code Jo. Article 81 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System which basically states that juvenile offenders must be detained in a Special Correctional Institution for Children. Conclusion. Through this paper, it is hoped that law enforcement officials will synergize in implementing child protection and children's rights, especially regarding the guarantee of child protection from violence and harassment.